FALSE GUILTY PLEAS IN DRUG CASES

False guilty pleas in drug cases.  Hundreds of them in Texas in the last 10 years.  How could and why would so many innocent people plead guilty?  The war on drugs, draconian jail sentences and aggressive prosecutors. Get threatened with a life destroying jail sentence if you plead not guilty or offered a shorter one on a plea of guilty.  There’s a lesson in this American experience as we arm our prosecutors with mandatory minimum sentences, tough on crime laws and remove the power of Judges from the equation.

Lab Reports Show Hundreds “Convicted in Error” for Drug Offenses | Houston Press.

THIS IS NOT A 75 YEAR SENTENCE

To clarify, the mandatory sentence in Canada for first degree murder is life in prison without eligibility for parole for 25 years.  This is not a 25 year sentence.  The sentence means AT LEAST 25 years in prison after which a convict can apply for parole but will not necessarily be paroled.  Even if parole is granted the convict is subject to supervision and restrictions until his/her dying day.  Since 2011 certain multiple life sentences must be served consecutively. Therefore in the case of 3 1st degree murder convictions, although there is only 1 lifetime there are 3 parole ineligibility periods of 25 years.  25 X 3 = 75.  Hence, Bourque will serve a life sentence and cannot apply for parole until he has served 75 years in prison.

Justin Bourque gets 75 years without parole for killing three Mounties | Toronto Star.

BDSM and ROUGH SEX – IS IT ILLEGAL?

BDSM and ROUGH SEX – Is it illegal? It’s a good question since these practices have become more mainstream. A person can legally consent to an assault but according to the law one cannot consent to the causing of bodily harm. The question is, what is bodily harm? Breaking a bone or cutting the skin definitely is but what about a bruise or a scar? In a society where some consider yelling to be both an assault and abuse and where others may take pictures of their rough sex bruises and post them online with pride, where the legal line is drawn is not clear. Be careful out there people. Play safe and don’t go too far.

Jian Ghomeshi Lawsuit: BDSM With Consent Is ‘Murky’ In Canadian Law, Experts Say.

“NO POLICE” SIGNS – DON’T WORK

“NO POLICE” sign – here’s an interesting approach that didn’t work. The owner of a store that sells marijuana paraphernalia (and marijuana as it turns out) posted a sign that said that police officers were not allowed entry without a warrant and had his lawyer send a letter to the Chief of Police to the same effect. Of course undercover police officers went in and purchased some marijuana from the store owner. The trial court liked the idea and acquitted the guy. The B.C. Court of Appeal not so much saying the sign did not create a reasonable expectation of privacy that the police breached. Back down to the trial division for another trial.

CanLII – 2014 BCCA 34 (CanLII).

MINORITY REPORT AND PREVENTATIVE ARRESTS

Within days of the Ottawa attack Harper talks of ramping up hate laws and giving the state new powers that “would include ‘preventive arrests,’ potentially taking the country down the slippery slope of guilty-until-proven innocent authoritarian policies”. This is “terrorism used as a catalyst to break down civil liberties and accumulate more state power.”  This is how dictatorships form and Harper is wasting no time in seizing the opportunity(?).  This is the wrong way of dealing with the threat. Minority Report is here.  It makes one question who the real terrorist is.

via Suspicious Canada Shooting Triggers ‘Minority Report’ Pre-Crime Plans for ‘Preventive Arrests’ | Global Research.

Why Are Lawyers So Expensive? I’ll Tell You Why — Lawyerist

Because you get a lot for your money. “Your problems are now my problems. My clients go home and sleep soundly for the first time in weeks or months. I go home and think about the legal issues all evening. At night I dream about my client’s… case. Sometimes I wake up in a cold sweat and pull up the scheduling order on my phone, convinced I blew a deadline. When I am at the playground with my kids, I check my email in case I get something from opposing counsel or the court. When I go out to dinner with my wife, I talk about hearings and depositions.”

Why Are Lawyers So Expensive? I’ll Tell You Why — Lawyerist.

MANDATORY CHARGE POLICIES HAVE UNINTENDED CONSEQUENCES

In Ontario when a domestic assault situation is called into police SOMEONE WILL BE ARRESTED. “Some are under the impression that when a woman is being abused by her male partner, all she has to do is call 911 and the police will arrive like knights in shining armour. This is not always the reality. Currently across Canada, one person or both involved in the violence are charged right away with a criminal offense, taken to jail and through a costly justice system.”  A woman charged says “We had no idea how the system worked, we had no one to turn to to find out what we should do. She had a part-time job, but earned too much for legal aid and too little to afford a lawyer.” Zero tolerance policies never, ever work but rather promote injustices.

Why doesn’t the justice system help abused women? | rabble.ca.