CLJS 116

PHILOSOPHY OF LAW
Open Disclaimer
Guess who:
Charter of Human Rights and Freedoms
(excerpt)
Proceedings in criminal and penal matters
 11. Any person charged with an offence has the right
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found
guilty and punished for the offence, not to be tried or punished for it again
 Timeline
 1993 – Paul Bernardo and Karla Homolka arrested in connections to the rape and murder of victims:
Leslie Mahaffy, Kristen French and Tammy Homolka.
 Karla Homolka scheduled for trial in 1993
 Paul Bernardo scheduled for trial in 1995
 1993 – Homolka offered a plea bargain. Sentenced to 12 years custody.
(assumption: bargain officered in exchange for her testimony against Benardo)
 At some point after Homolka is offered plea bargain, and before Bernardo is put to trial, home movies
of their offences surfaced.
 1994 – Publication ban of the home movies… BUT…
 1995 – Bernardo sentenced to life imprisonment and receives a dangerous offender designation, making
it extremely unlikely he will ever be released on parole.
 Aftermath
Philosophy
 What is it we are trying to accomplish? (Rhetorical… for now)

 How do we measure seriousness of offences? (Not rhetorical)

 So then with law, what is a government/state really trying to accomplish?

 And how does it try to accomplish that?

The Tools of Justice

 Imprisonment

 Capital Punishment

 Community Supervision

 Fines

 Unofficial Consequences; warrants for arrest, court appearances,

Presentence Evaluations, Court of ‘Public Opinion’ etc.,
What is the Justice System Avoiding?

 Wrongful imprisonment.

 Failing to redress wrongs, not removing harmful entities from society.

 Making offenders/society more dangerous.

 Bringing it’s own reputation into disrepute.

What is the Justice System Avoiding?
Sir William Blackstone (1723-1780)

"It is better
that ten
guilty
persons
escape than
Gaps in Justice

 Harmful Actions that are not Criminal?

 Harmful Actions wherein there are no criminal consequences?

 Harmful Actions for which there are lenient criminal consequences?

 Virtuous Actions which might be processed criminally?

Refocussed: Purpose of Public Law

 What’s the purpose of this discussion?

 Why does the duty of the administration of justice fall to the state?

 https://www.youtube.com/watch?v=QXaMyP_RelU
 More on Nassar, for anyone interested:

 https://www.youtube.com/watch?v=Zv8MPXxA5LI
An Exercise in Thought:

 Step 1: What is the Law?

 Step 2: What do I feel the Law should be?

 Step 3: Why isn’t the Law the way I feel it should be?