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.
Much of society mistakenly interchanges the two concepts of crime and deviance, assuming that they are one in the same. "A crime is what the law proclaims it to be, and is an act punishable by law" (Winterdyk 9). Deviance, on the other hand, is a contested concept; it can be defined as differing from a norm or accepted standard of society (dictionary.com). Deviance involves acts that fluctuate from social norms; although such actions can be, they are not necessarily against the law (Winterdyk 9).
Society often constructs views, and perceives certain individuals or groups as deviants and as threats to established moral standards and values. Perfectly exemplifying such views can be seen in the wrongful conviction of seventeen-year-old hippie, David Milgaard, in 1969, for the rape and murder of Gail Miller. Then, as now, teenagers and especially hippies are seen as limina...
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...for wrongfully convicted and jailed citizens.
There were three main issues behind the wrongful conviction of David Milgaard, each playing their own role in the ruling. Pre-existing views and perceptions of deviance placed Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who are innocent from being targeted because of the law.
Some time after returning from their short trip to Alberta, Cadrain heard about the $2000 reward for information into Miller's death. Cadrain went to the police with a version of what happened that night, although he had been questioned earlier and had no information to give at that time. This is what made Milgaard a suspect in the case. From then on the police concentrated their efforts on finding evidence implicating Milgaard.
Crime is a unlawful activity while deviance is a behavior that is different from that of the
A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it. Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with numerous images of violence. Many of which often portray a victim avenging their opponent by means of force. Thus, indoctrinating a nation of individuals to believe that it is only through aggression that problems can be resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition, the success of films like The Godfather, Gladiator, and Troy further aid in reinstating the fact that we live in a society that praises violence. Furthermore, this ideology allows for individuals to partake in violent acts with little or no backlash from ones community. However, when an individual strays away from the “norm”, they are likely to then be viewed as a deviant. Such cases of rejection within a society, are often seen in the portrayal of serial killers. Although our society tends to condone violence when it is directed towards a specific individual(s), it does not allow the killing of innocent bystanders. Instead, crimes that are targeted against a number of people over a long period of time, entail the harshest forms punishments under the law. Sadly, in executing the law for said crimes, those in charge often face much public scrutiny. Such occurrences were apparent in the faulty murder investigations of Canada's most notorious serial killer Robert Pickton. This is due to the ...
Deviance is described as “the recognized violation of cultural norms”(Macionis 238). While deviance can include crime, it is not always such. Deviance can mean trying to sneak into a hospital room, desperately searching for someone like the character of Benny in the movie Benny and Joon. Or it could be preforming on the streets for people to watch. Deviance isn’t always a criminal act. The movie Benny and Joon gave several examples of deviant behavior portrayed by the three main characters, Benny, Joon, and Sam.
A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it, (Lapham, 1985). Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with countless images of violence. Many of which often portray a victim avenging their opponent by force. Thus, indoctrinating individuals to believe that it is only through aggression that problems are resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition, the success of films like The Godfather, Gladiator, and Troy further aid in reinstating we live in a society that praises violence. Furthermore, this ideology allows for people to partake in violent acts with little or no backlash from ones community. However, when an person strays away from the “norm”, they are likely to then be viewed as a deviant. Such cases of rejection within a society, are often seen in the portrayal of serial killers. Although our society tends to condone violence when it is directed towards a specific individual(s), it does not allow the killing of innocent bystanders. Instead, crimes that are targeted against a number of people over a long period, entail the harshest forms punishments under the law. Sadly, in executing the law for said crimes, those in charge often face much public scrutiny. Such occurrences were apparent in the faulty murder investigations of Canada's most notorious serial killer Robert Pickton. This is due to the fact that, the negligence of the Vancou...
As it will be outlined in this essay, the events that transpired with respect to the threat for his cousin’s safety only serve to establish a motive for Buzizi’s actions. There is insufficient evidence to satisfy the objective and subjective conditions that are required to prove the provocation defense that was argued at trial. Protections afforded under the Charter enforce individual rights at the cost of broader social protection. In this case, the principles of fundamental justice prevented the criminal law from punishing moral guilt and/or from protecting society from a dangerous offender. As some of the Supreme Court of Canada justices opined, there was simply not enough evidence available to mitigate the accused’s moral guilt. Due to the failure to satisfy the subjective and objective elements needed to prove the defense of provocation, the defense in the case of Mr. Buzizi was not valid, and the conviction of second degree murder should have been upheld. But they didn’t
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
What is deviance? Deviance describes actions or behaviors that go against the social norms of a society. There are two types of deviances. Positive deviance is when someone over conforms to the norms of society. Like a straight “A” student in middle school or high school, this makes everyone else not like them because they make them look bad by doing extra. Negative deviance is the more recognized of the two. It’s when someone under conforms to society’s norms. For instance, a student who skips class and doesn’t do any work. Deviance is determined by three circumstances. Social status and power of the individuals involved; social context in which the behavior occurs; and the historical period in which the behavior takes place. Social status and power also manipulate deviance. During times of racial segregation whites were the ones in charge, if a white and black man committed the same crime the white man would get the minimum punishment if any, while the black man got the maximum and be labeled deviant for his crime. On another note, deviance is based on social definition and over a period of time. For immigrants, if they were in their homeland coming to America for a better life, it is considered a norm for their homeland. However if they are in America and did not complete the necessary process to become a citizen, then they are deemed a deviant for violating our norm, which is to go through the full process of becoming a citizen. Illegal immigration is not considered to be deviant in some countries since it’s their norm, but in the U.S. it is against the norm. Illegal immigration is a negative deviant because they did not follow proper procedure for entering the U.S. and currently the U.S. is trying to con...
In response, the court system for many years has tried to formulate the policies that will address the issue of public confidence. In the Roberts’ article, it is suggested that even though a slight majority of Canadians have trust in the justice system, the citizens seem to have more faith in institutions other than in the courts (159). This difference is mainly because of the perception that the public has on the justice system in regards to its practices (Roberts 164). The public appears dissatisfied with some practices of the court leading to decreased confidence in the system. For instance, most Canadians feel that the justice system failed to reduce crime in the country. Instead, they argue that it is among the primary causes of increased crime rate (Roberts 164). Most citizens claim that allowing a guilty person walk free is worse off when compared to convicting an innocent one (Roberts 171). Boosting public confidence is, thus, critical to improving the criminal judge. Apparently, this can be accomplished as mentioned by Anthony N. Doob in the article, increased engagement of an ordinary citizen in the courts is needed,
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
This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
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.
Social deviancy is the violation of social norms. A deviant is someone who rejects folkways and mores. Any action that violates the values or rules of a social group is deviant behavior. In order to actually be characterized as a deviant, the individual must be detected committing a deviant act and be stigmatized by society. A stigma is a mark of social disgrace, setting the deviant apart from the group. Criminality is healthy for society. Deviance affirms our cultural values and norms. Responding to deviance clarifies moral boundaries and brings people together. There will always be people who break society’s rules and that’s important.
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.