But by and large, we seem to find more humor than outrage in these crimes. In part, this simply reflects the nature of our criminal justice system, which has become decreasingly rehabilitative and increasingly retributive.
Indeed. I'm not sure if anyone has been able to tell from the subjects I like to blog about, but I think that justice and prison reform should be one of the most pressing political issues of the day. If I were a politician I would be pushing it as one of my highest priorities. For me, it all goes back to thinking about what our objectives our with respect to the criminal justice system. Is our objective to promote a peaceful, law abiding, socially adjusted populace? Or is it just to feel momentarily good about the revenge we are inflicting on people who break the law? From a public policy perspective the obvious answer is the former. So, off the top of my head, here are some of my specific proposals for justice reform:
1) Decriminalize and regulate (and tax) all drugs. What are now illegal narcotics should be treated in two ways depending on their addictive nature (to be determined through an open and scientific regulatory structure). Non-addictive drugs should be regulated in a way that is similar to alcohol or tobacco. Production or sale of these drugs outside the regulatory regime should be result in strictly regulatory (i.e. non-criminal) fines and punishments. We should prohibit the production and import of addictive drugs. Again, the result of production or importation should be a regulatory, non-criminal punishment. Simple possession of prohibited addictive drugs should be dealt with in specialized statutory drug courts whose sole purpose should be proper medical treatment of addiction.
2) Prostitution should be legalized and a special tribunal created to adjudicate disputes arising out of legal prostitution. The tribunal should place special emphasis on the privacy of the women involved in prostitution and the prevention of exploitation.
3) Both general and specific deterrence should be removed from the Criminal Code as factors for judges to consider in sentencing. Judges should be directed through statute to consider more alternative, non-penal sentencing options and to take specific consideration of the offenders social and economic background, and the influence of addictive drugs on the commission of the offense.
4) Amend s. 24 of the Charter to include an independent, Constitutional, tortious cause of action against law enforcement agencies for Charter violations.
5) Create an independent body to consider new, exculpatory evidence at a lower legal threshold than is currently applied.
6) Massively increase funding for addiction harm-reduction programs (like Insite in Vancouver) and mental health resources.
Feel free to add to my list. These are just off-the-cuff proposals mostly.
Update: Some other points that go to access to our legal system.
7) Create a single-payer, optional, government administered legal insurance regime.
8) Extend legal aid services to included everyone charged with a criminal offense of any kind.
9) Increase the maximum value of claims in small claims courts; give small claims judges wider statutory discretion to settle claims on equitable outcomes (in order to dull the disadvantage of self-represented litigants); allow awarding of full costs.