Thursday, March 15, 2012

National Post column argues for the death penalty

One name: Guy Paul Morin.

If the death penalty existed he would surely have been put to death for a crime he did not commit.

(Guy Paul Morin was wrongly convicted of the October 1984 rape and murder of his eight-year-old next-door neighbour, Christine Jessop of Queensville, Ontario. DNA testing led to a subsequent overturning of this verdict. Remember, he is far from the only wrongful conviction in Canadian recent history)


Sometimes justice must exact the ultimate price http://natpo.st/xCadJJ

The testimony given in a London courtroom this week by Terri-Lynne McClintic was numbing. Eightyear-old Victoria Stafford suffered horrific torture and a death that no child, indeed no person, should ever have to endure. Her shattered innocence sears the conscience of a nation; parents hold their children tighter, outrage boils on the Internet, and hearts break for the family and friends who will grieve her forever.

What is the appropriate response of the state in a case like this? McClintic pleaded guilty, and will serve a life sentence with no possibility of parole for 25 years. Michael Rafferty has pleaded not guilty, and stands trial for rape and murder. If convicted, he could also face life in a maximum-security prison.

But in these circumstances, is that good enough? Canada may have outlawed the death penalty in 1976, but in the wake of this case, the issue has again become a topic of debate in the media and at the dinner table - yet not in the halls of Parliament.

28 comments:

Anonymous said...

The Crown in Welland (R. Mahler) is currently prosecuting a citizen of Canada for defending his life and property.



If we have DNA that's enough for the death penalty.

The evidence now is stronger than ever before.

DNA don't lie. IF you got the DNA , hang em high.

Anonymous said...

Why is there no 'Life Without Parole' here in Canada, Morton?

Anonymous said...

Notice as well the reality of the current private members motion regarding abortion. Despite what the Cons are telling us, the abortion debate is being "tackled" regardless of Mr. Harper's statement (what's one more lie among friends?)

"Mr. Harper said the government had no plans to tackle abortion, but in April, the House will debate a private member’s motion seeking a review of the Criminal Code definition of “human being,” which currently only includes children born alive."

Anonymous said...

I'll try again Morton........




Anonymous said...

Why is there no 'Life Without Parole' here in Canada, Morton?





Morton. Why is there no life without parole here in Canada?

Anonymous said...

On Guy Paul Morin,

The travesty was that the legal system worked in the first trial. But incompetent investigation backed by a "I am never wrong" attitude prosecutor resulted in a double travesty.

First - Guy Paul's conviction.
Second - the fact that some sleeze got away with the murder. Try to find out the status of that case...

Of course it would be nice to have the absolute certainty that comes with capital punishment, but I cannot accept that when asked - "Would you accept any innocents being hung in order to fuel societies craving for revenge?" that civilized people would agree.

The life without parole issue is a red herring. That can move back and forth much as Harper adjusts the minimum sentences based on political expedience rather than any scientific analysis.

BemusedLurker (fiscal conservative - social liberal... and in crime and punishment, they are the same - Funny that the same is true in HealthCare)

Anonymous said...

"DNA don't lie. IF you got the DNA , hang em high."

Um, wrong. DNA can lie, a bit. DNA is great to exclude people. DNA is great when you already have a prime suspect from other evidence and then the DNA confirms it.

But say you had a DNA database containing everyone in the country. Using purely DNA evidence to find the suspect can lead you to false positives.

Take matching based on only 9 of 13 loci, and add in the birthday paradox and statistics throws up some unpleasant facts.

Anonymous said...

Why is there no LIFE WITHOUT PAROLE HERE in Canada Morton.


I am reading all these clownish arguments but I want to hear what you have to say about it.

Why is there no life without parole Morton???

Anonymous said...

"Um, wrong. DNA can lie, a bit. DNA is great to exclude people. DNA is great when you already have a prime suspect from other evidence and then the DNA confirms it"


Um , wrong.

Sorry son, but DNA doesn't lie.
Give me one case where DNA lied.

Anonymous said...

"Um, wrong. DNA can lie, a bit. DNA is great to exclude people. DNA is great when you already have a prime suspect from other evidence and then the DNA confirms it"


Um , wrong.

Sorry son, but DNA doesn't lie.
Give me one case where DNA lied.

Anonymous said...

DNA Doesn't lie - BUT the collection of it can and does.

The weak link always is the human component.

Authority with no oversight is always an issue, no matter how badly the apologists claim otherwise.

As to your DNA doesn't lie arguement, you still face the mathematical issue - 1 out of 200,000,000 still means roughly 30 matches given a 6 billion population, but it gets better...

Given family relationships the odds become greater of matches than one may consider.

BemusedLurker - mathematical odds are nice numbers but taken out of context can get one into serious trouble.

Anonymous said...

... and if the DNA doesn't lie arguement is so conclusive, why aren't you directing your efforts to our friends down south that refuse to reopen old cases using the DNA evidence that is there?

Oh yeah, here we go again - accountability of a legal system that has a systemic bias against race, income level and social status.

A whole series of topics, but all relevant if you are going to bring back cap punishment.

BemusedLurker (Can any court ever trust the testimony of the thugs who killed Robert Dziekanski - and distorted the truth when caught? Cannot believe they still have their jobs - Now that is no accountability)

Anonymous said...

"As to your DNA doesn't lie arguement, you still face the mathematical issue - 1 out of 200,000,000 still means "




Where do you come up with those stats?

It's more like ONE IN 3 TRILLION.

There is only ONE person who has the EXACT DNA as yourself. And that is you.

Morton?? Are kids coming out of University these days being taught that DNA is only ONE IN TWO HUNDRED MILLION??????


Really.....


There are shows on everyday wehre DNA has gotten people released from jail.

Where is this clown coming up with this facts?

DNA??? One in 200 000 000????

Unreal.

Anonymous said...

"why aren't you directing your efforts to our friends down south that refuse to reopen old cases using the DNA evidence that is there? "


IT HAPPENS EVERYDAY. HAVE YOU LEFT THE UNIVERSITY CLASSROOM IN THE LAST 7 YEARS????

Unbelievable.


Where do people come up with this crap???

Who teaches these people information like that?

Anonymous said...

"Give me one case where DNA lied."

Here. A man was in jail for months even though he was 200 miles away from the crime and physically incapable of committing it. The prosecution had done a 6-loci match against a database. His lawyer eventually got a retest using a 10-loci match, which exonerated him. What's scary is how law enforcement didn't care how unlikely he was to be the criminal: the 6-loci test gave them their bad guy and that was the end of it.

"Morton?? Are kids coming out of University these days being taught that DNA is only ONE IN TWO HUNDRED MILLION??????

Are there old farts nowadays that believe everything they see on CSI is 100% real and factual? Sure your DNA is unique to you, but they don't test it all. A test is done only on ~9 locations. Hopefully as DNA testing gets cheaper this will improve.

"a systematic search of the 65,000 felons in the Arizona database revealed that there were 122 pairs that matched at 9 of 13 loci."

What are the odds that in a room of 23 people two will share a birthday? 50%. Statistics is weird. It's not that the DNA lies, but that the prosecution can be wrong about what it means for a particular case.

Anonymous said...

The idea that my tax dollars will go towards feeding, clothing, sheltering, educating and protecting those two animals while in prison is outrageous and sickening.

Bring back capital punishment.

Anonymous said...

"9 of 13 loci."


I'm talking a full genetic marker you clown.

Why you keep referring to testing 9 out of 13 loci. What are ya, a geek

Anonymous said...

"I'm talking a full genetic marker you clown."

And do the police and courts commonly use a full genetic marker?

"Why you keep referring to testing 9 out of 13 loci. What are ya, a geek"

Again, what is commonly accepted as being a high standard for DNA evidence in court?

It might also end up being impossible/useless for police to use the maximum number of loci for reasons beyond cost. Law enforcement can be dealing with degraded samples from the crime scene: maybe only 11 or 12 loci are good to start with.

Fernando said...

"9 of 13 loci." I'm talking a full genetic marker you clown. Why you keep referring to testing 9 out of 13 loci. What are ya, a geek

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