A jury test does not guarantee justice for black people

Article content

Recent The culprit’s verdict In the Charlie case in Ottawa in the Honor Ravam, the Charlie raises serious questions about the formal pro -ethnic pro.

A basic principle of justice is the right to try by the arbitration of one’s colleagues. In theory, this confirms a fair and uniform judgment, because the accused are brought to the debate room with the diversity of the experiences of those who judge the accused. Charlie, a young black man, was accused of killing a white man and trying to kill another man, admitted that he was not guilty, and argued that he was not a criminal responsibility due to a mental disorder. However, there is no black person in the arbitration.

Article content

This raises concerns about whether he is truly determined by his colleagues or whether it is truly determined by a group, or whether its life experiences and perspectives are significantly different from his own. With the experience of both ethnic discrimination and mental struggles, it is not beautiful to have at least one black juror?

Once the trial begins, the judge – the one who is forced to be warned of dependence on dependence once they are elected – have never raised the potential racist prejudice. He did not raise it in his final instructions for the arbitration – though Well documented evidence 12 Non -black judges recommends formal black anti -racism that Charlie may be more dangerous or criminal than a white defendant.

This pro may be further enhanced by the lighting of the investigation: Charlie was taken to the court room in leg soil every day, strengthening his image as a dangerous criminal before the judges deliberately got the opportunity.

By failing to refer to the race, the judge effectively pretended that it was not a bar, despite evidence that black people were being treated at all levels of the justice system. From the police to do Prisons. Avoiding the debate on race does not change the investigation beautifully; This allowed the existing dependencies to operate without checking.

Article content

Is it okay for a woman to face men or a white person’s arbitrator? Why is the Arbitration Tribunal without a black person?

The Arbitration Tribunal found that Charlie was guilty of the secondary murder of Carl Rainbow, but the criminal responsibility for the attempt and the worst attack in the Kyokai Sun (NCR). But if Charlie was found guilty of murder, the arbitration found that he was not suffering from severe mental illness when he stabbed Rain Bath. Because Section 16 (1) of the Criminal Code tells about the NCR security:

“When no person is criminally responsible or suffered from a mental disorder, it is impossible to appreciate the nature and quality of action or the quality of action, or that it is wrong.”

Therefore, the arbitration may have believed that Charlie was suffering from severe mental disorder when Charlie stabbed, but it was impossible to appreciate the nature and quality of his disorder or that it was wrong.

Article content

But as in all court decisions, Charlie’s decision must be based on what the criminal coat says and how it is Explained In previous court decisions. The courts have noted that if the accused is diagnosed with severe mental disorder, they are able to admire the nature and quality of their actions or that it is wrong. They may still say that if they are able to prove that they do not have the ability to rationally use the knowledge that this law is false in determining whether or not to commit it, they are NCR.

We will never know whether the referee is due to another issue of the Justice Organization: the reasons for the jury are not made public as judges. Without knowing whether Charlie was suffering from severe mental disorder, the arbitration raises questions about the other two key aspects of the judiciary: the concept of prevention and parole.

One of the key justifications to send people to jail is the idea that preventing others from committing similar crimes. However, if Charlie sees a severe mental disorder, what is the right thing to send him to the prison that needs to be prevented from doing others? Getting schizophrenia and punching someone? Similarly, to qualify for Parole, Charlie must be saddened by what he has done. Do you regret becoming a schizophrenic and piercing one?

We still have to go a long way to justify our justice system.

Robin Brown Ottawa’s coordinator 613-819 Black HubIt works to address proper black anti -racism.

Article content