Wrongful Conviction: An Injustice Within the Justice System

Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the

This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.

Wilson and John were honest just like Milgaard was when they were being questioned by the police at first, and they told the police that Milgaard was with them the whole time and he had not committed the crime. But as the police's investigation got more intense, Wilson and John started to twist up the story, and John told the police that she saw Milgaard stabbing Miller that night. With all that information and John being an eyewitness as she told his false statement to the police, Milgaard was charged for the murder of the nurse. Milgaard was then on trial for two weeks starting from May 1969 and his three friends were the ones who caused the most damage to his case because of their false testimony. There were two other men who gave their testimonies in the court against Milgaard. They were Craig Melnyk, 17 and George Lapchuk, 18, who stated that Milgaard confessed to them about murdering Miller and he was also going to show them how he had killed her. On May 30, 1969 Milgaard got a life sentence, accused of a crime he did not commit but the serial killer, Larry Fisher had committed, but police were not aware of this yet. A year after Millers murder, on January 1970, the jury was

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

The official version of the law (OVL) is “what the legal world would have us believe about itself – is that it is an impartial, neutral and objective system for resolving conflict” (Comack, 2014, p. 11). Prior to reflecting on course material I would have undoubtedly accepted the OVL, however, at this time I believe our Canadian legal system and criminal justice system lack the ability to be impartial, neutral, and objective, therefore requiring considerable changes. The chapters in which utmost enhanced my understanding of the sociology of law were “Theoretical Approaches and the Sociology of Law” by Elizabeth Comack and “Standing Against Canadian Law: Naming Omissions of Race, Culture, and Gender” by Patricia Monture as they explain and demonstrate the inequalities marginalized groups must endure at the hands of the law.

Although, Canada offers comparable qualities and values with other countries, The Charter of Rights and Freedoms really separates Canada from other social liberties enactments. The Charter of Rights and Freedoms upholds the diversity of differing qualities of Canadian culture and assures the freedom of individuals that lengthens boundaries apparent to the constitutionalized law. Thusly, contrasted with different nations, Canada’s judiciary performs a huge part in deciphering the law. Considering the Charter of Rights and Freedoms which consists of basic human rights, it is evident that Canada has many significant laws that acknowledge and protect the rights and freedoms including the liberty and equality of citizens.

The most important part of the Charter of Rights and Freedoms is the Equality Rights, which states that everyone is equal in the eyes of the law and is entitled to the “equal benefit of the law”(Canadian Charter of Rights and Freedoms, s 15). This is commonly interpreted to mean that all citizens are entitled to the positives of Canadian law. Unfortunately, this is not the reality of the legal system. Quite frequently certain citizens are allowed special benefits after being found guilty. The reality is: police officers, at any level, receive lesser sentences than regular citizens for the same or similar crimes. This preferential practice is proven when cases are examined and compared to the Criminal Code as well as comparable cases. Cases

As mentioned, Canada is utilizing an alternative response to crime that is not primarily based in mass incarceration and punishments(Webster, C., & Doob, A, 2008). This result was possible in Canada because Canada has managed to resist wider punitive trends in terms of crime control against crimes. I believe Canada’s stability in levels of incarceration over the last 40 years is rooted in Canada’s cultural beliefs on restraint in the use of imprisonment and punishment itself

Section 718 of the Criminal Code provides both the purpose of sentencing, as well as specific objectives that a judge must consider while sentencing delinquents who are convicted of crimes in Canada. The main objectives of sentencing in Nina’s case include: denunciation of unlawful conduct; deterrence (general and specific); rehabilitation; promotion of a sense of responsibility in offenders and acknowledgement of harm done to victims, as well as reparations to victims. Although each of these sentencing objectives could be applied to Nina’s case, only the three most relevant objectives will be explored .

The purpose of this case review is to examine the problems that young aboriginal men such M.N.J face in the Canadian legal system and to find a solution that unlike the imprisonment would be more beneficial to communities and its citizens. So the solution to the vicious cycle would restorative justice which is a philosophy and set to be an intervention that focus less on crime as the breaking of laws than as the harming or breaking of human relationships, restorative justice interventions such as victim-offender mediation, sentencing circles, and family group conferencing are largely organized around the principles of victim participation and offender accountability and reintegration and community participation in local justice practices.

Within Canada, the central purpose of the Criminal Justice system is to implement social control, prevent and identify crime and to prosecute those who breach the law. However, though the criminal justice system deals with all of these various components as a whole, the responsibility of each is divided between a variety of authority. The court is an area of the justice system that a significant weight of responsibility is placed upon, as the court essentially plays a multifaceted role in determining the innocence or guilt of a subject. (Griffiths, 147) Furthermore, one of the most difficult tasks asked of the courts is the principle of judicial independence. Essentially, judicial independence ensures that citizens are given the absolute right to have their cases tried by tribunals that are fair, impartial, and immune to any from of political interference. (Griffiths, 147) Therefore, through primary analysis of the criminal justice system, many observations were made of the various processes and structures of the courts. The criminal justice system, being quite complex, was difficult to analyze but within a day of court, the practices and procedures of the system were outlined with clarity. Despite the justice system containing an array of components, three main elements stood out that were actively exercised in the courthouse. These various elements include professionals known as the courtroom work group who actively facilitate all aspects of trial, the demanding

This study is influenced by variables that have been gathered from the General Social Survey on Victimization. The information from the survey dates back to 2009, and focuses specifically on Crime and Justice, and well as Society and Community. The data set consist of 554 different variables, and 19422 cases from all provinces within Canada excluding territories. The data was collected by Statistics Canada on behalf of those who have been victimized. Also known as Cycle 23, the data collected only survey those who were 15 years of age and above. The purpose of this survey is to understand how Canadians, through their experiences of victimization, perceive crime ad the justice system.

The public is full of opinions on how the justice system should work and what laws should be implemented, but there are many misconceptions the public has about the Canadian criminal justice system. One of the biggest misconceptions is the “lenient” sentences that are given to serious offenders. Along with these misconceptions is the information given to the public by mass media, and those in custody or prison have committed a crime. There are many things the public is unaware of due to the lack of understanding they have about the criminal justice system. Much of the information that the public has is based on American television shows, the media, and their perceptions of the performance of justice officials. Information presented may not have all the details, including the everyday minor everyday crimes that happen. Justice officials are constantly confronted with complaints and opinions on how things should be decided and criticisms on decisions that have been made. While the government often takes into consideration the reactions from the public, it is impossible to satisfy all their needs. The public is often misinformed on what is happening around them due to the media affect and lack of understanding.