Hank
Active Member
I predict this guy will get off with the insanity excuse in the Criminal Code...
16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. [1]
I hate this defence, as I care little if the person knew what they were doing was wrong. I know that's why we have the courts to decide what's wrong and right.
Our justice system is based, quite rightly, on rehabilitation, not vengeance (factors such as specific and general deterrence are also considerations). If someone is truly not responsible for their actions, how, morally, can we punish them? I understand that the victims might want to see someone pay for the crime, but that's just not something we consider in sentencing.
I actually agree that sentences are far too light for certain types of crimes (sexual assault, especially on children, is a glaring example) and that judges are too willing to give people more chances than they deserve, but I don't disagree with making rehabilitation the main focus of sentencing. Punishment for vengeance's sake is best left to the middle ages.