[Newsbot]

Title: Majority of Canadians support return of capital punishment
Category: Law & Order
Posted By: stemmer
Date: 2014-12-28 14:19:36
Canadian

[CrazyNewfie]

Don't count me among them.

[Xort]

The last few high profile murders in which the suspect was clearly both unquestionably guilty and cruel in their actions likely has a lot to do with this.

The new sentencing which puts people in jail without a chance of parole for each murder sorta makes jail seem pointless. It's just a death sentence that takes 75 years to happen.

[Freakinoldguy]

This will never happen. It was tried back in the 70's and failed despite a majority of support. The problem used to be the Gov't unwillingness to carry out that will. Now it's the fact that we're no longer ruled by elected politicians but by lawyers and an omnipotent legal system neither of which will allow the will of the people to interfere with their ability to write, implement, amend or rule on any laws as they see fit so, the status quo will remain.

The sad part is that if any Gov't ever tried to reinstate the death penalty and it actually made it through Parliament, referendum or not, it'd end up mired in the Supreme Court star chamber and be overturned within a week.

[martin14]

too true Foggy.

[Xort]

Freakinoldguy Freakinoldguy:

it'd end up mired in the Supreme Court star chamber and be overturned within a week.

Might just be the wedge to reform the SC. The SC has stepped wildly out of line from it's actual legal powers, a good slap might reset the system.

[Jabberwalker]

Xort Xort:

Freakinoldguy Freakinoldguy:

it'd end up mired in the Supreme Court star chamber and be overturned within a week.

Might just be the wedge to reform the SC. The SC has stepped wildly out of line from it's actual legal powers, a good slap might reset the system.

It wouldn't be the Supreme Court's fault. There is nothing there to "reform". The SC appears to be wildly out of step with its powers because legislators have chickened out since "The Charter" came along and they leave it up to the Supreme Court to make interpretations rather than legislating and passing good laws. The Supreme Court just rules on what they're told to rule on. They don't go out and make it up themselves.

Vote for some politicians with balls enough to pass laws (and with smarts enough to make them good ones). They are mostly chicken-shit because someone, somewhere won't vote for them afterward.

[andyt]

Jabberwalker Jabberwalker:

It wouldn't be the Supreme Court's fault. There is nothing there to "reform". The SC appears to be wildly out of step with its powers because legislators have chickened out since "The Charter" came along and they leave it up to the Supreme Court to make interpretations rather than legislating and passing good laws. The Supreme Court just rules on what they're told to rule on. They don't go out and make it up themselves.

Vote for some politicians with balls enough to pass laws (and with smarts enough to make them good ones). They are mostly chicken-shit because someone, somewhere won't vote for them afterward.

I don't think it's that simple. These good laws you talk about would have to pass the Charter test, which means the hard core lawnorder crowd wouldn't like them, since they would leave in place protections for the accused. For instance with prostitution, the Reformacons are pandering to their base by continuing to pass laws that won't meet the charter as defined by the Supremes. They just count on letting the law run thru the courts and getting struck down again. So in order to pass a law regarding prostitution that's charter proof, they'd likely have to pass a law their red meat base wouldn't like at all. Note that 5 out of 9 (is it 6 now?) of the Supremes have been appointed by Stevo, and still they ruled against him often as not. Then he tried to appoint a puppet out of left field, and the Supremes ruled that unconstitutional. The court is less deferential to parliament these days. Probably a good thing to balance the absolute power of a majority government.

The only way the govt can show balls would be to use the notwithstanding clause.

[stratos]

I think AndyT answered my question already but he was using prostitution laws and attempted laws regarding prostitution.

In the charter is there a clause or clauses that help prevent Capital Punishment from being put back into place. I would assume those same clause(s) were used in sticking down the original Capital Punishment laws.

[Zipperfish]

I support bringing back capital punsihment but only if the judge hangs if it turns out he got it wrong and sent an innocent person to die.

[andyt]

Zipperfish Zipperfish:

I support bringing back capital punsihment but only if the judge hangs if it turns out he got it wrong and sent an innocent person to die.

The jury as likely did the convicting - going to hang them too? Good luck getting people to serve on capital cases. Many of our 1st degree murder cases where the convicted was innocent was due to prosecutorial or police misconduct. Going to hang all of them too. Even if there's no misconduct, evidence all points to the accused being guilty, often later evidence comes to the fore that exonerates him/her. Who you going to hang in that case? I hope you're just being facetious here.

People here have said that only those convicted with no doubt of their guilt should hang. That means we would hang very few people indeed. So what's the point? Just leave them locked up, as we do now.

What we should have is an open referendum, where your vote is recorded with your name. Then, when it's found that an innocent person was hung, those that voted for capital punishment would get a notice from the government congratulating them on helping to kill an innocent man. Because with an anonymous vote, after the first innocent was killed, it would turn out that nooooobody actuall voted to return the death penalty. Well, except for the can't make an omelette crowd.

[andyt]

stratos stratos:

I think AndyT answered my question already but he was using prostitution laws and attempted laws regarding prostitution.

In the charter is there a clause or clauses that help prevent Capital Punishment from being put back into place. I would assume those same clause(s) were used in sticking down the original Capital Punishment laws.

The original striking down capital punishment happened long before we had a charter. I doubt the charter has anything to say directly about capital punishment, just cruel and unusual.

[ShepherdsDog]

I'd agree with a similar approach to parole board members who release a murderer or rapist who re offends, especially one who authorities labelled as a high risk to re-offend.

$1:

The jury as likely did the convicting - going to hang them too?

Only judges do the sentencing. Juries only determine guilt or innocence, based on the evidence presented. The judge has the discretion to choose between a term of incarceration or an execution. Judges also hold the power to overrule a jury's verdict. So, why should the jury be held responsible?

[Thanos]

I like the part where some of the ones who say 'lock 'em up' are also the ones most likely to say 'what do we need prisons for anyway?'. Can't ever satisfy the type of liberal that genuinely believes everyone except for the criminal is always in the wrong.

[Thanos]

andyt andyt:

What we should have is an open referendum, where your vote is recorded with your name. Then, when it's found that an innocent person was hung, those that voted for capital punishment would get a notice from the government congratulating them on helping to kill an innocent man. Because with an anonymous vote, after the first innocent was killed, it would turn out that nooooobody actuall voted to return the death penalty. Well, except for the can't make an omelette crowd.

How about we do the same for when every time a criminal is released early and robs/rapes/kills again the liberals that agitated for their freedom get a special thank you card for all their efforts that put him back on the street? But the criminal is never ever guilty, just as the liberal is never ever wrong, so obviously anyone who got in the way of these misunderstood victims of society probably had it coming.