Wednesday, December 19, 2007

There Is A Place For Vigilante Justice

I've probably held the view for a good 20 years now, that the current justice system in Canada is flawed. And it's not only because of the fact that Canada does not have the death penalty (that is another topic for another time, though I have touched on it in one of my earlier postings - but with the state of New Jersey outlawing capital punishment recently, it's worth another look...later). Much of my beef with the justice system has to do with the amount of legal loopholes criminals and their associated lawyers can conjure up to minimize the charge, or get it thrown out, on a mere technicality. Only in Canada does life in prison mean no parole for 25 years (which means that theoretically, you may be able to get out at some point after 25 years). While the U.S. justice system has its fair share of flaws, at the very least they generally mean business in having some relatively "strict" laws. Now, I know, the big criticism is often cast at California's "three strikes" law where you are locked up for life whether you commit three very minor felonies, or commit three increasingly heinous crimes that involve murder and such. Now, it is not my intention to debate the equity or fairness of that kind of system; I only mention it as an example of why I believe that the U.S. takes crime and punishment more seriously than Canada does. I am sure you heard of the recent sentencing of Robert Pickton, the pig farmer who was found guilty of killing many women and performing some heinous acts on them. Now, my freaking tax dollars will now be used to house, clothe and feed this sub-human, just like my tax dollars fund keeping convicted serial pedophilic murderer Paul Bernardo alive.

A long, long time ago, I used to be affiliated with the Guardian Angels street patrol group. They are not vigilantes, as much as the media would like to tar them with that brush. They have, and always will, continue to work with current law enforcement, aiding officers on the street. Fact of the matter is, troubled communities welcome the Guardian Angels, since the police can't be everywhere at once. The Angels have been documented and reported as preventing a number of street crimes all over the world. I am all for citizen patrols and community policing.

But as much as I try my best to put on the happy face and assume that the courts and justice system will do their job, the fact of the matter is, they aren't always successful. As a result, criminals get away with lesser (or no sentences). It is my firm belief that in such cases, where there is irrefutable, compelling evidence that is, without a shadow of a doubt damning on the charged individual, but they get off on a technicality or slick legal representation, that there is a place for vigilante justice. What I mean by this is that I believe there is an opportunity to ensure that the perpetrator does not get back onto the street and recommit a crime. It is a statistical fact that violent criminals have an exceptionally high risk to re-offend. The solution that I'd support is a simple one and is very natural. Victims' families need not live in fear, that the scumbag that hurt their family member is now on the street, released by the court, or tried unsuccessfully by the justice system. I read of a case recently where the police had all sorts of damning evidence against a perpetrator, but because they managed to procure this DNA evidence without a warrant, none of it could be used, even though the evidence leaves no doubt that he raped several women. As a result of the inadmissible critical evidence, the perpetrator was let loose, and guess what he did again? They caught him the second time and now he's behind bars. But not before some other woman was a victim of rape.

Given all this, if you were the family member of the initial victims, or the first victim herself, what would you have done? Clearly the courts are more concerned with following bureaucratic processes rather than discerning the truth. I generally am not a subscriber of the "ends justify the means" argument, but when it comes to collecting evidence, I don't look at it any other way. So in these cases, a lot of trouble (and hurt) could have been saved, if some responsible citizens decided to pay the perpetrator a visit and "strongly encourage" him against doing anything else that may get him in trouble again.

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