Zeal to punish eliminates a useful tool

from Emile Therien's op-ed in the Toronto Star:

....The “conditional sentence of imprisonment” (CSI) was introduced in Canada in 1996 as an alternate form of incarceration subject to specific criteria. It is not, as some assume, the same as probation.

When sentenced to less than two years, an offender deemed not to pose a danger to society is allowed to remain in the community, but with more stringent conditions than offenders on parole. The offender must abide by a number of typically punitive conditions, such as a strict curfew. If a condition is broken without a lawful excuse, the offender may serve out the rest of the sentence in prison.

Unfortunately, conditional sentences for the type of offence Tobin committed — impaired driving causing death — were eliminated in the last session of Parliament, thus ending Canada’s tradition of granting discretion and independence to the judiciary.

The accident last Christmas Eve that killed his friend Alex Zolpis can only be described as “tragic and senseless.” But giving Jack Tobin a prison sentence may well also prove to be “tragic and senseless,” as there is mounting evidence that jail time does not reduce the chances of re-offending.

Aug 30, 2011 Country:Canada, Politics, Case:Homicide, Region: North America and Caribbean

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NPR: Victims confront offenders, face to face

from Laura Sullivan's interview with Sujatha Baliga on Talk of the Nation:

BALIGA: Yes. And I said there's no chance. You know, this is not a case for restorative justice. The system is not amenable, particularly in your state. And I can't tell too many details, because we're still finishing things up with that case right now. It's not quite a done deal yet. But we're close.

And the mother of this young man was so persistent and told me that she had actually been meeting with the girl's parents. She and her husband were meeting with the girl's parents, and that the girl's parents actually were the one interested in restorative justice. And she said, Can I give them your information? I said I'd be happy to talk to them and tell you the same thing I'm telling you, which is that this is not happening.

(SOUNDBITE OF LAUGHTER)

Aug 01, 2011 Practice, Victim, Mediation, Other, Region: North America and Caribbean, Case:Homicide, Country:USA

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