YOU CAN’T BE TOUGH ON CRIME WITHOUT PAYING THE PRICE

 If we’re going to continue to pack our jails with those on remands waiting a bail hearing or a trial and by handing out more and longer jail sentences then we have to pay the cost of jails and guards. Should correctional service officers and probation/parole officers be considered an essential service?

The corrections workers, who rejected an earlier tentative settlement, are in a legal strike position at 12:01 a.m. Sunday.

Source: Union, government sit down to bargain ahead of potential corrections strike

CRISIS IN CORRECTIONS: A BAD TIME TO GET ARRESTED

With OPSEU poised to strike on January 10, 2016 we are already experiencing job actions by correctional services employees. This includes jail guards, probation and parole officers. Inmates are already reporting inhumane conditions of being in 24 hour lockup without food or medical or other services. Jail guards are refusing to release prisoners for transport to courts and even refusing to present prisoners for video appearances for purposes of bail hearings or trials. Visitation to jails has been restricted or completely refused. Things can only be expected to get worse if “managers” take over. If you’re arrested and taken to a jail on remand, it may be a long time before you get back to court. There are 2 sides to every dispute however here is a link to OPSEU’s site for information: https://opseu.org/crisis-corrections
I can’t find any information about it on the Ministry’s site: http://www.mcscs.jus.gov.on.ca/english/default.html

Source: Crisis in Corrections | Ontario Public Service Employees Union

SPANKING LAWS: IF IT AIN’T BROKE, DON’T FIX IT

Instead of taking an emotional ideological view let’s take a look at the evidence. “As well-intentioned as the recommendation may have been, following through on it sets Canada on a course which ironically perpetuates aspects of the residential school legacy which we are trying so hard to leave behind. If Canada wants to learn from the residential school legacy, we should be the last to pass a law which has led other countries to forcefully removing thousands of children from their homes and driving a wedge between children and parents. So-called “conditional” physical discipline, which is what Section 43 allows, “was more strongly associated with reduction in noncompliance or antisocial behaviour than 10 of the 13 alternative disciplinary tactics.””

Source: Don’t make parents’ job more difficult › The Lethbridge Herald – myLH.ca

THE STATUTE OF LIMITATIONS

Why did prosecutors in Pennsylvania charge Bill Cosby with sexual assault 12 years after the fact? Because the statute of limitations was about to expire. In Pennsylvania, “the statute of limitations for aggravated indecent assault, which is 12 years, had not expired. The statute of limitations for sexual assault vary by state and crime.” Let’s be very clear though, there is NO Statute of Limitations for any indictable criminal offence in Canada. Police can lay charges and the Crown can attempt to prosecute any serious criminal offence no matter how long ago it’s alleged to have occurred.

Prosecutors used new information to file charges before the statute of limitations expired.

Source: Why a Bill Cosby accuser is getting a second chance at a trial 12 years later

CANNABIS REGULATION: THE LITTLE RED HEN SYNDROME

Why do we just accept, without questioning, that the government should take over the existing cannabis industry, seize control and profit from its distribution and taxation? This is, after all, the same entity that conducted a war against it and is still today prosecuting, convicting and imprisoning us for using it. There already exists a complex, effective distribution infrastructure that has been developed over decades. We don’t need no government intervention.

Before premiers, liquor unions and corporations start falling all over each other in an effort to cash in on legal cannabis sales, let’s remember the real reasons we should be ending cannabis prohibition in Canada.

Source: Don’t Let Those Who Opposed Legal Cannabis Profit From It Now | Dana Larsen

AUTO-BREWERY SYNDROME – Lawyer gets client’s DWI charge tossed after discovering her rare affliction

“His DWI client insisted she consumed only a few drinks on the day she registered a blood alcohol level that was four times the legal limit. Marusak discovered a rare intestinal disorder called Auto-Brewery Syndrome in which ordinary food is converted into alcohol because of yeast in the digestive system.” I think the emphasis should be on the word “RARE”.

Lawyer Joseph Marusak decided to investigate after his DWI client insisted she consumed only a few drinks on the day she registered a blood alcohol level that was four times

Source: Lawyer gets client’s DWI charge tossed after discovering her rare affliction

LIFE BEFORE THE CHARTER: TRIAL BY ORDEAL

King Alfred the Great (849-99) brought a degree of much needed unity to the disparate Saxon kingdoms he presided over when he became King of Wessex in 871. No sooner had he taken the throne than his Book of Laws made its appearance. The resulting Saxon Law was still going strong over 300 years later. In those Saxon times trial by ordeal was a standard way of establishing guilt or innocence in the days before trial by jury became the norm. Ordeal was the Saxons’ way of ‘letting God decide’, the judicium Dei. There were a number of options of varying unpleasantness, one of which was ordeal by iron. Naturally enough the ‘court’ was a church. Present would be a sheriff of the shire, representing the peacekeeping force of the land, and a bishop, representing the celestial judge on high. The trial took place during Mass but the large chalice of hot coals burning near the altar wasn’t to keep the congregation warm. A rod of iron was thrust into the fire, made red hot and planted firmly into the accused’s outstretched hand. Three marks had been made on the floor and the accused was ordered to walk a distance of nine paces, which he was allowed to complete in three large stride before dropping the iron and stumbling to the altar, probably screaming, to be bandaged. Part two of the trial took place three days later, when the parties reassembled for the ceremonious removal of the bandages. If the hand was cleanly healing the culprit was pronounced innocent by a cry of ‘God be praised!’ If it proved to be uncleanly festering then guilt was the verdict.

A variation on the theme was the ordeal by hot water, in which the hand was plunged into a boiling vat to retrieve a ring or coin. On other occasions the hands were spared and walking the distance on hot ploughshares was implemented instead. By comparison, the ordeal by cold water, reserved for the lowly, was a doddle. In this the accused was bound and suspended from a rope, then lowered gently into the village pond. The idea was that God accepted the innocent fully into the waters, so incongruously it was the sinkers who were pardoned and the floaters who were guilty.

Trial by ordeal was abolished by Henry III in 1219.

‘Law’s Strangest Cases’, Peter Seddon

IS DNA EVIDENCE FALLIBLE?

Over the summer, the Texas Forensic Science Commission came to an unsettling conclusion: There was something wrong with how state labs were analyzing DNA evidence. At first they assumed the update wouldn’t make a big difference but it discovered the numbers changed quite a bit. It’s unsettling to find out DNA analysis can vary like this because it threatens to undermine the deep faith people have placed in the technology. If we now push this technology too hard — say, by prosecuting someone on nothing more than a genetic match — then DNA may also be headed for the kind of reassessment that has battered the reputation of older types of physical evidence.”

Experts say the field of forensic DNA is having a moment of truth about years of overstated claims, and it may tarnish its reputation as the “gold standard” of legal evidence.

Source: ‘Great Pause’ Among Prosecutors As DNA Proves Fallible : NPR

WHAT’S YOUR UNIVERSAL CONTROL NUMBER (UCN)?

We’re rushing headlong into a Brave New World and Big Brother is already watching. Police already track you by wide-area surveillance, thousands of networked street-level cameras, auto-scanning license plates, drones, and spy planes, but that is primitive compared to what’s coming. Computerized face recognition is already extremely accurate and fast. You can be matched against a nationwide database instantly. This technology will be integrated with the body cameras police now wear. You will be cataloged and tracked by your Universal Control Number (UCN). Yes, that’s really what it’s called.

In light of recent mass surveillance leaks, this program will certainly upset privacy-minded Americans.

Source: You might end up in the FBI’s face recognition database, even if you’re not a criminal | VentureBeat | Security | by Harrison Weber