John Doe at 33 years old was a mule for a drug cartel in Venezuela. He had the choice of carrying seven kilos into Canada or his family killed. In order for the process to go smoothly he destroyed any identification and went through his plan. He told the Canadian Immigration that he was an illegal immigrant and had to be deported immediately back to his country, but with complications the government wanted a background check on him and released him. The next day he continued and tried delivering the drugs in the down town area, however he got caught. Polices were lacking evidence to have him turned in so they charged him with “trafficking.” The charge became more serious when he proposed he never used drugs himself and that his family would be safe if he carried the drugs. During that time he was in the country for over four months..
The police would have been the first to contact John Doe. They knew what he had done, and the next day he was caught lurking in the downtown area trafficking again but the police were unable to arrest him at first attempt not having evidence however came up with a serious charge with possession for the purpose of trafficking. Upon arresting him, they would have to note themselves as police officers, inform John Doe that he is under arrest, tell him what he is under arrest for and present the warrant (if one was found) touch him to show that he is in custody, and lastly advise him of the charter of rights. The police would conduct a search, which would be connected to the warrants that had to be lawful and reasonable in account for the crime committed. After the search they would have found the possession of illicit drugs, even though it was under the impression of a specific intent. He would ha...
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...and the border is very firm on whom to let in. Even if John Doe’s family did not get threatened I would believe he would still deliver the drugs and his sentence in jail will make him learn he shouldn’t be gullible or entitled to risk his own life as well as his family just the sake of earning any money. Justice system in Canada is to protect the victim, John Doe may view the justice system as unfair but he knows just as much that drug trafficking any illicit drugs would have big penalties, so the illegal immigrant act does not cut it. I hope John Doe learnt his lesson from the drug trafficking industry because it will stick with him for a long time rotting in prison. The main concept of criminal law is to protect the people and any property and preserve the standards of society without chaos occurring. Without the criminal law our society would be truly uproar.
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
“David” was a construction worker from El Salvador and although he was not an MS-13 member, he knew some members through a soccer league of young Central Americans. Actually, he knew one gang member since he had owed him money. David and the gang member made a cash transaction and then decided to have lunch together. However, they were surrounded by federal immigration that arrested them in an MS-13 gang crackdown. They had already arrested 15 member...
Canada, potentially leading some individuals to engage in prostitution activities with no awareness of the illegality of their behaviours?” (p.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
First of all, Oliver Funes-Machado, a 18-year-old who resides in North Carolina, was arrested on Monday afternoon and charged with first degree murder after he stabbed his mother, Yesenia Funes Beatriz Machado, eight times and left the knife in her mouth. According to the police, Funes-Machado personally called 911 to report the killing and remained on the line until the police arrived. Franklin County Sheriff Kent Winstead stated that when the deputies got there, Funes-Machado walked out of his house holding the head of his mother and a large butcher knife. He told the dispatchers that he killed his mother “because I felt like it.” Funes-Machado is from Honduras and was living in the U.S. illegally. He is now wanted by the U.S. Immigration and Customs
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Evidently, Truscott received financial compensation for the ordeal and the suffering it brought to his life by being awarded $6.5 million from the Government. This led to the conclusion that in this case (like many others) the police were solely and unjustly targeting one person. I learned a great deal from this case about Canada’s previous laws. Prior to the case, I had known about the death penalty and that it was legal in Canada, but I did not know when it could be implemented.
Organized crime is a major problem in monetary terms and it costs the loss of billions of dollars every year. Organized crime violates our basic Canadian right to peace, quality of life, personal security, corruption in our political system and governments. Furthermore, weak governments and societal structures are arguably some of the root causes of organized crime. Organized society brings forth organized crime and heavy laws further promote it. The government responds to the violence related to organized crime with strong security measures while paying less attention to the causes of these
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
“Smuggling.” Gale Encyclopedia of American Law. Ed. Donna Batten. 3rd. vol. 9. Detroit: Gale, 2010. Opposing Viewpoints in Context. Web. 14 January. 2014.
With today’s growing world, more and more people want to enter the United States because it’s the “Land of the Free” and opportunities are endless. Unfortunately, there have been an influx of people being smuggled or trafficked into the States illegally. This is a major issue occurring along our borders and major seaports. The government is working on effective ways to help stop this stampede of illegal immigrants from entering the country. This is a local, national and international problem. Penalties for these crimes can be severe. When caught, the smuggler or trafficker is locked up. The justice system makes the decision to deport or