The Judge Superthread- Merged Topics

[zipperhead_cop]

Doubtless, there have been bad decisions-o-plenty since this thread last came to the fore, but this one is particularly appalling:

http://www.northernnews.ca/ArticleDisplay.aspx?e=926616&auth=Peter+Worthington
Justice is wrong on criminals' rights
Posted By Peter Worthington

For people uneasy that our legal system often seems more concerned about the rights of criminals than the welfare of their victims, how about the case of Allan MacDonald?

The OPP Association currently has an online petition (www.oppa.ca:80) for people to protest what's happening in the above case. Its protest has been joined by the 31,000-member Police Association of Ontario (PAO).

Why are the police so angry and frustrated about Allan MacDonald?

MacDonald was not just anybody. A former firefighter and former chairman of the Penetang Police Services Board, in May, 1997, MacDonald, then 51, walked into a bar where OPP Const. Tom Coffin was having a drink, put a loaded gun to the back of Coffin's head and pulled the trigger.

MacDonald was upset because a year earlier, Coffin had charged him with drunk driving. That's it. A psychiatric evaluation determined that although McDonald's parents had a history of mental instability, he did not qualify under the legal definition of "insane," and was sentenced to 25 years without parole.

In January, the Federal Court of Canada ruled that Coffin should be moved from the maximum security prison at Joyceville, near Kingston, to an institution closer to his home, relatives and friends.

Coffin's family (widow, kids and other relatives) don't want MacDonald anywhere near them, and oppose the move, which the courts didn't take into account.

Karl Walsh, president of the OPP Association, launched the petition on behalf of the Coffin family, whose "rights" he feels should outweigh MacDonald's.

"Ours is a legal system, not a justice system," he says. "It's wrong that someone like MacDonald should get preference over his victims, but this is happening all the time."

If that weren't sufficient cause to wonder about our system the federal court also ordered that MacDonald be reimbursed $4,000 for court costs.

It's this latter decision that I and others find so appalling.

Yep.  Nothing is more precious than our criminals rights. 

 

[Yrys]

hijack for an American judgment

Judge orders men to learn English

http://news.bbc.co.uk/2/hi/americas/7317794.stm

 

[PMedMoe]

Article Link

WILKES-BARRE, Pa. - A Pennsylvania judge known for creative sentencing has ordered three Spanish-speaking men to learn English or go to jail.

Judge Peter Paul Olszewski says the men, who faced prison for criminal conspiracy to commit robbery, can remain on parole if they learn to read and write English.

They must also earn their high school equivalency degrees and get full-time jobs.

In the past, Olszewski has ordered young defendants who are school dropouts to finish school. He often orders defendants to get full-time employment. But he also has his staff coordinate with an employment agency to help them find the jobs.

More on article link.

We need more judges like this!!!

 

[NL_engineer]

I don't he would fit to well in our justice system  : as he is too creative and is trying to make criminals more productive.  Let alone the human rights crowed screaming that he is forcing them to work  :

 

[MED_BCMC]

We need more judges like this!!!

Why?

While having these three guys learn english, and get full time jobs would make them effective members of society, you'd almost expect them to have these goals already (if they were interested in becoming effective members of society, that is). While a "conspiracy to commit robbery" isn't a very serious change (in my opinion, at least), it is still a criminal charge and shouldn't be taken so lightly.

To me, this simply reads as sentence of "Do what you should have been doing already".

 

[PMedMoe]

Yes but making people get a diploma/job/language training is certainly much more productive than sending them to jail.

 

[Sham]

Yes but making people get a diploma/job/language training is certainly much more productive than sending them to jail.

You can have them sit in jail and earn their credentials instead of using their downtime to go out and
commit more crimes.

 

[midgetcop]

Meh. If they're not doing it on their own accord, I wouldn't necessarily consider them "productive" members of society. ::shrug::

 

[medaid]

You can have them sit in jail and earn their credentials instead of using their downtime to go out and
commit more crimes.

Ah! I love the way you think! Because the tax payers in the States needs to have MORE of their money go towards housing people like this, AND give them a free education  :. Im sure many people would rather have these people on the streets being watched, instead of in prison, learning how to be more cholo, and how to actually rob someone next time.

Yes, we ALL know how much good prison time does for everyone... give me a break.

 

[PMedMoe]

You can have them sit in jail and earn their credentials instead of using their downtime to go out and commit more crimes.

I'm thinking that would violate their parole.

 

[Greymatters]

While having these three guys learn english, and get full time jobs would make them effective members of society... 

Either that or they'll become smarter bi-lingual criminals...

 

[Yrys]

Judicial power, size of juries could be system cures , KIRK MAKIN, From Saturday's Globe and Mail, March 29, 2008 at 8:17 AM EDT

OTTAWA — High-level discussions are under way to increase the size of juries, provide financial incentives to lawyers who use legal aid funds efficiently,
and give judges more power to ride herd over lawyers prior to trial, a University of Ottawa legal conference was told yesterday.

The moves would help repair a criminal justice system that has been crippled by irresponsible legal tactics and interminable trials, said University of Toronto law
professor Michael Code, a criminal law specialist. Prof. Code is preparing a report on the problem of megatrials for Ontario Attorney-General Chris Bentley. He said
that strict deadlines are likely to be imposed on defence lawyers who seek disclosure of evidence, as well as for the prosecutors who respond to those disclosure requests.

The reforms - which Prof. Code said are under active discussion at a "very high" political and judicial level - are prompted by an intense perception that the court system
is out of control. He did not specifically identify which authorities are considering the reforms, and could not be reached for further comment. He urged lawyers and
their associations to stop resisting change on the basis that a few "bad apples" are causing all the problems.

It only takes a handful of bad lawyers to destroy public faith in the courts, Prof. Code said. "We cannot afford to allow even a few lawyers to warp the system in
this way," he said. "I do not think the train of law reform that is coming down the tracks will be turned back simply by saying there are a few bad apples." Prof. Code
said that the move to enhance judicial power would permit more aggressive management of cases, allowing judges to force lawyers on both sides to drop unnecessarily
time-consuming legal motions. He said that expanding juries would respond to a growing fear that jurors caught up in lengthy trials may start to "revolt," creating
an instant mistrial if there are no alternate jurors on hand to fill their places.

Prof. Code was joined by another panelist - Mr. Justice Michael Moldaver of the Ontario Court of Appeal - in warning that endless legal motions and the squandering
of legal-aid funds have created an unsustainable crisis within the justice system. They said that unseasoned defence counsel who lack mentoring and sound judgment
have caused great damage by marring serious cases with unnecessary and ill-conceived legal motions.

Prof. Code also urged legal regulators to punish lawyers who are "abrasive, abusive" toward their opponents or court processes. He said the phenomenon is steadily
growing and leads to time-wasting courtroom warfare.

"All of this unethical conduct is flatly contrary to the rules of professional conduct," he said. "It's right in there - and it should be enforced. Law societies have got to get
serious about enforcing these ethics. The counsel ought to be reprimanded." Prof. Code noted that appellate courts have frequently gone out of their way to admonish
lawyers who engage in this type of "shocking" misconduct, yet their rulings are blithely ignored by the law societies who regulate the profession.

Meanwhile, he said, trial judges have grown passive and afraid to rein in lawyers, for fear that they will not be backed up.

Prof. Code placed part of the blame for the erosion of professionalism on law schools failing to teach ethics and professional responsibility. He said that many lawyers
enter the profession believing that their only duty is to the client.

Judge Moldaver told the conference that a major reason the criminal courts are on the verge of collapse is that criminal trials, "have become interminable games
in which the trial of the accused is regularly overshadowed by the trial of the investigation." Murder trials plod on for many months, draining police resources and
consuming legal aid funds that might otherwise go toward litigants who have needs in family law and civil cases, he said.

Judge Moldaver cited an Ottawa murder trial that was recently thrown out on the basis of unreasonable delays - 17 years after an endless series of preliminary hearings,
trials and retrials first commenced. "Without ascribing blame to anyone, I consider it a disgrace," he said.

"Shame on our justice system. ... Cases like the one I just described give the Canadian justice system a black eye and bring the Canadian justice system into utter
disrepute. "I tell you the whole thing is insidious and it feeds upon itself," Judge Moldaver said. "The public is becoming disenchanted. Some are beginning to lose faith
and confidence in our justice system."

He faulted appellate courts such as his own for writing incomprehensible judgments. He also blamed them for spouting "philosophy" instead of providing clear instructions to lawyers and trial judges.

Link

 

[zipperhead_cop]

I guess it's time to bump this thread again.  Another pathetic ruling:

Quebec con who weighs 430 pounds gets reduced sentence because of weight
http://ca.news.yahoo.com/s/capress/080522/national/crime_obese_con

MONTREAL - A former chef who goes by the nickname "Big Mike" has had his sentence for drug trafficking reduced because the provincial jail where he's incarcerated isn't dealing with his 430-pound weight.


Michel Lapointe has already served 20 months behind bars awaiting sentencing in what his lawyer described in court as hellish conditions. "For the first eight months he didn't have a bed adjusted to his size," defence lawyer Clemente Monterosso said in an interview Thursday.


"He never got a chair adjusted to his size. The chair and the tables were too tight and he could not sit down. In jail, the chairs are bolted to the ground and you cannot adjust them."


Monterosso said jail officials refused to provide a chair with a back to accommodate Lapointe's tattooed bulk - jail chairs are more like stools - saying they feared it could be broken and used as a weapon.


The poor prison diet has added more than 50 lbs to the Lapointe's pre-arrest weight of 375 pounds.


Where the shaven-headed convict consumed six pills of medication upon arrival in jail, he now must take 23. It was also hard for Lapointe to take a shower.


"He's only 37 years old but now his health situation has deteriorated to the point that now he has to walk with a cane," Monterosso said. "He's been asking for a better diet but of course they refused that to him, telling him he's in jail, he's not in a hotel and there's only one menu."


Lapointe was arrested during police raids on Sept. 20, 2006, that netted 24 others. He pleaded guilty in February to charges of conspiracy, drug trafficking and gangsterism.


He was sentenced to five years in jail Wednesday but under the formula used to calculate actual time behind bars, Lapointe will be out in about 14 months. Quebec court Judge Marc Bisson also showed clemency in his case because of Lapointe's weight problems.


He also ordered the prison to get Lapointe a proper bed and chair.


Claire Lapointe, Big Mike's mother, says her son has always had weight problems but they were exacerbated by his time behind bars and his health suffered.


"I think it's a terrible situation," she said in an interview. "Happily, the judge's decision yesterday was good, thanks for that, and I hope it will bear fruit.


"I hope it will serve to help other people who have the same health problems who unfortunately have to spend time behind walls."


The mother said earlier attempts to better her son's situation in detention were ignored by officials.


Monterosso said the problem accommodating special-needs convicts is particular to Quebec provincial jails and Lapointe would get better treatment in a federal prison.


Monterosso cited several other cases in seeking compassion for Lapointe before the court.


They included the case of an anglophone biker from Ontario who was locked up in a majority francophone environment, far from his family.

Other cases involved a convicted police officer in Alberta who faced potential harm by being in close contact with people he had helped put in jail.

Clemency has also been granted in the past because of overcrowding in Toronto-area jails and the lack of a vegan diet for a British Columbia convict.

:threat:

 

[PMedMoe]

If the stupid, fat f**ker hadn't committed a crime, he wouldn't have to worry about the prison having a chair, bed or shower to fit his over sized a**! 

 

[TCBF]

Ah! I love the way you think! Because the tax payers in the States needs to have MORE of their money go towards housing people like this, AND give them a free education  :. Im sure many people would rather have these people on the streets being watched, instead of in prison, learning how to be more cholo, and how to actually rob someone next time.

Yes, we ALL know how much good prison time does for everyone... give me a break.

- Prison isn't for them - it's for us.  It's keeps one per cent of the scum off our streets for brief periods of time.  You should be thankful for that tiny gift.

 

[zipperhead_cop]

- Prison isn't for them - it's for us.  It's keeps one per cent of the scum off our streets for brief periods of time.  You should be thankful for that tiny gift.

I'd be more thankful if the brief period wasn't so brief, and if the prisons were a little less comfy for our precious offenders.  Justice shouldn't be a "gift".  It should be a "given". 

 

[TCBF]

I'd be more thankful if the brief period wasn't so brief, and if the prisons were a little less comfy for our precious offenders.  Justice shouldn't be a "gift".  It should be a "given". 

- "Natural justice" is a given.  "Bureaucratic justice" is a gift. 

 

[Greymatters]

I guess it's time to bump this thread again.  Another pathetic ruling:

The poor prison diet has added more than 50 lbs to the Lapointe's pre-arrest weight of 375 pounds. 

Which is why every other prisoner has also gained 50 pounds since they were interned... so it couldnt possibly be his lazy ass never finding time to exercise or diet...  :

 

[zipperhead_cop]

Which is why every other prisoner has also gained 50 pounds since they were interned... so it couldnt possibly be his lazy ass never finding time to exercise or diet...   :

Or his access to a steady stream of cocaine was somewhat stemmed. 

 

[Bruce Monkhouse]

Just another day in "Judgeuntouchable Land". Its no wonder Police just pull thier hair out......

http://www.torontosun.com/news/columnists/joe_warmington/2008/10/17/7113941-sun.html

Where's a sense of outrage?
We need to know why 2 women died

By JOE WARMINGTON

Last Updated: 17th October 2008, 4:15am

The rest of us can't let anybody try to bury the apparent junk justice that resulted in two innocent women allegedly falling victim to an alleged serial predator under house arrest next door.
If we let them, that is exactly what they will try to do.

For example, look at this quote: "All of our thoughts are with the families, the relatives and the community," Attorney General Chris Bentley says in a story by Jonathan Jenkins, one of Sun Media's Queen's Park reporters. "We're all part of a community that was affected by these terrible tragedies."

WHERE'S THE ANGER

It's not strong enough for me. I want to hear some anger there. Like the rest of us are spewing.
All I know is he, and Premier Dalton McGuinty, had better be at that funeral Monday at 10:30 a.m. at Highland Funeral Home (Markham Chapel), 10 Cachet Woods Ct., near Hwy. 404 and 16th Ave. or at the visitation Sunday, from 4 p.m.-8 p.m.
It was, after all, allegedly the system they administer that failed these women.

But I get the feeling the brass think this story is running out of steam and that it will soon to be replaced by the next outrage. But for Susan John and Saramma Varghese, or any future victim, waiting for the next news cycle is just not good enough.
Keep in mind Nathaniel O'Brien, 31, was charged with first-degree-murder in the killings which happened while he was on house arrest awaiting trial on charges stemming from two previous violent sexual assaults.

The horror of it all is not lost on neighbour Kevin Hurford, whose family heard the whole attack through the adjoining wall. He described the slain as "wonderful people" but also wonders if his wife or daughter could have been in danger, too. "Had I known there was someone under house arrest next door I would have taken precautions," he said. "I know people before the courts have rights. But we do, too."

It's not really fair that he didn't know the suspect was released on a $10,000 surety, with no deposit, which means if he breaches any of the conditions, his parents could lose that cash.

$10GS SURETY

I'll bet the previous victims would have been curious to know, too.
Is $10,000 the appropriate amount in this case? The police didn't think so. The province can't even take the suspect's family's house for breaching the conditions on that amount!
"We can only hope someone in power will consider our very flawed judicial system and make some drastic improvements," said relative Philip Varghese, who says their "infectious smiles" from Thanksgiving dinner Sunday are imprinted in his memory.

Tory opposition leader Bob Runciman wants to find what went wrong at every level. "The victims' families, and the public at large, have the right to know what went wrong here."
He wants an inquiry to determine how the judge came to the conclusion to place this suspect back into the community, was the surety enough, was a psychiatric assessment completed and was there appropriate supervision?
He also wants an examination of the role the backlog in the courts played, the overcrowding in penal institutions and "did the Crown appeal the bail decision to Superior Court? If not, why not?"

FAIR QUESTIONS

All fair questions and the kind of reaction I think should have come from the minister!
Meanwhile, as they throw dirt on the latest victims, we must dig to find what happened and to prevent travesties of justice from ever happening.

For now, there will be a funeral. But we need a public inquiry to try to prevent any more.