- Showing 1 posts filed under: Country:Canada [–], Case:Homicide [–] published between Aug 01, 2011 and Aug 31, 2011 [Show all]
Zeal to punish eliminates a useful tool
....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.