It’s difficult to understand why a Prime Minister who is so devoted to making the criminal justice system jail more people would fail to staff it with sufficient judges to ensure that takes place. Is it disdain for lawyers and judges? Is it that he has no loyal lawyers in his ranks to appoint? The result is a return to crippling delays in criminal trials, civil case resolutions and family court settlements. It hurts everybody.
RCMP officers break rules on note-taking: internal audit – Politics – CBC News
This is how we keep officers honest. Every officer knows the importance of making careful detailed notes of every aspect of their investigation as they will need to refer to it, sometimes months or years later, to refresh their memory. The content of an officer’s notes forms the basis of their cross-examination at trial. If it’s not in their notes we assume, in court it’s because it didn’t happen. Poor note taking loses cases.
RCMP officers break rules on note-taking: internal audit – Politics – CBC News.
HIGHWAY ROBBERY – THE NEW PIRATES
If you’re considering driving to Florida this winter be careful because Florida is one of the worst offending states. Born out of the drug wars in the late 1980’s as a way of depriving drug runners of their profits police are now using traffic stops as a way to steal from innocent citizens. Don’t carry cash. Use credit cards and local bank machines. (This contains an 11 and 1/2 minutes video which does a good job of showing you how it happens and what it feels like.)
Federal officials issue new code of conduct for police highway seizures – The Washington Post.
IF YOU HAVE A PARDON APPLICATION IN PROCESS YOU MAY BE OUT OF LUCK.
Since the Conservatives made changes, the present backlog of pardons may never be processed. Pardons are now “record suspensions” and among other changes, if you have 3 convictions – no pardon for you. If convicted of a sex crime against children – no way no matter what the circumstances. Waiting times are increased from 3 to 5 years and 5 to 10 years and the fee has increased from $50 to $631. The parole board suggests you abandon your application and try again.
Thousands of requests for pardons in limbo after Conservative rule change | Toronto Star.
THE FAILURE OF JUSTICE IN FERGUSON
Justice is the key to peace and the process must APPEAR to be just. Officer Wilson may well be not guilty but the problem is that this was not the question. The question was whether there should be a trial. The grand jury’s function, like our preliminary inquiry, is to receive evidence and assuming it to be true, decide whether it is sufficient that an impartial, properly instructed jury COULD (possibly) find guilt. If so, then there is a proper trial conducted by a judge which is open and transparent to the public. This grand jury assessed evidence, determined credibility of witnesses and made findings of fact in a proceeding considering inadmissible evidence, without cross-examination, without a judge or proper legal instruction, directed by a prosecutor behind closed doors in secret. The jury did not decide if there should be a trial, they effectively were the trial and rendered a VERDICT of not guilty. That leaves open the very reasonable suspicion that a police friendly prosecutor manipulated the process in favour of the police. Confidence in justice cannot be achieved by a flawed process conducted in secret.
NO CONTEST PLEAS
“If a client says, ‘I am not guilty but I just want to get it over with,’” can you enter a plea of “no contest”? Technically it’s available but practically it is not. If you don’t plead guilty or not guilty the criminal code directs a Judge to enter a plea of “not guilty” on your behalf. You cannot admit the allegations as being true because that’s admitting guilt which is the same as a guilty plea. If not admitted, the Crown still has to prove guilt by presenting evidence, which is a trial. You either admit the allegations or you don’t. There is no middle ground.
JUSTICE ON TARGET CONTINUES TO FAIL
As the federal government gets tough on crime Ontario’s Attorney General finds it tough to get tough on crime. When it didn’t reach its Justice on Target goals by 2012 it reduced its goals. Nice. Even so more people are entering guilty pleas too early because duty counsel is funnelling them that way, Overburdened duty counsel often do a quick assessment of the case and ask the accused if they’d like to plead guilty. In every respect you get what you pay for. Still, if you want a trial you’ll have to wait 240 days for it.
A NEW LOW FOR LEGAL AID
Now they want to hire poor articling students and not pay them. Despicable.
PEEL COPS – DISHONEST
What happens when the police themselves have no respect for and abuse truth, citizens, Judges and the judicial process? Apparently nothing. It’s outrageous.
Judges have had issues with Peel Police before | News | Toronto Sun.
POLICING FOR PROFIT
Not only are drug dogs frequently wrong, if you’re driving to Florida this winter be careful of policing for profit – highway robbery on the Interstate. In some states the police keep what they seize, so they will stop you and use any technique they can to search you and your car and they will seize any money you have on you claiming it must be drug/crime related.