Murder and Capitol Punishment Flashcards
What is Capital punishment?
It is present dating back to the colonial period. initially, the list of offences that qualified for death was long, but, post-Confederation, it dwindles down to 3. Support for the death penalty remains in the decades to come, but opposition is also building. The Coalition against the death penatly includes those who morally opposed, had pracitcal concerns, saw that juries were unwilling to render convictions, adhered to regressive ideas on women, and/or were influenced by developments in Britain.
Capital punishment is present dating back to the colonial period
French colonies - dedicated person
Policy for mandatory death for different crimes in British North America - 200+ crimes
Initially, the list of offences that qualified for death was long, but post-confederation, it dwindles down to
Post-confederation: death penalty is maintained but only a few crimes are still considered capital
Murder, rape, treason
Rape because of racism
Black men posed a sexual threat to white women
They were “more prone” to rape
1875 - goes down even further when rape is struck from the list: treason and murder
Makes it optional to continue to kill black men
Support for the death penalty remains in the decades to come, but opposition is also building
People are growing divided on if death was an appropriate punishment
NS abolished in 1871
Said they would revolt if it was pushed upon them
Because of moral or just practical reasons
Also because juries didn’t want to see a person put to death
Causing a legal problem
The colaition against the death penalty includes those who morally opposed, had practical concerns, saw that juries were unwilling to render convictions, adhered to regressive ideas on women, and/or were influenced by developments in Britian
What is the penitentiary system?
Britian is debating the role of terror-based punishment vs. predictable disciplinary penalties.The state establishes the penitentiary system. Post 1867 - penitentiary becomes federal in Canada. The location of executions changing to behind prison walls, will gallows dug down, post-1869. People couldn’t see or it was harder for people to see by digging down. The last public hangings are Patrick Whelan and Nicholas Melady.
1869 - Canada is only Ontario, Quebec, NS, New Brunswick
The move behind prison walls was precipitated by upper-class Victorians who disliked the “hanging crowd”
Rowdy crowds who show up to hanging
Upper-class were turned off of their disrespect of the process, law, and death in general
Worried that they might no longer value life or have compassion
Wasn’t deterring people from committing crimes
Capital punishment cases are now immediately reviewed by the DOJ (in consultation with PM and Cabinet)
Cabinet would decide to uphold, commute, or stop the execution
A build in review
Who is Patrick Whelan?
The last public hangings are Patrick Whelan and Nicholas Melady
Whelan: in Ottawa, February of 1969; Irish born who was fighting for an independent Ireland - Fenian
Assassinates a politician
MacDonald is there the whole time but sitting with the judge
He spends the entire time eating apples
He’s important because of political policing and the Fenians
He also tries to appeal to the death penalty; by bringing up people who were wrongfully convicted and lost their lives
Sentenced to hang - 5,000 people show up
Who is Nicholas Melady?
The last public hangins are Patrick Wheland and Nicholas Melady.Melady: Ontario, first degree murder of his father, step mother, and unborn baby
Lots of controversy, unrelatable evidence, entrapment
2 weeks after Melady, public executions in Canada stop
Who was Diefenbaker?
Efforts to abolish the death penalty continue into the 20th century but executions continue. Ross Thatcher introduces a bill to abolish the death penatly but it was withdrawn becuase there wasn’t a productive conversation. In 1951, the last woman, Marguerite Pitre, is executed in Canada. The election of prime minister Diefenbaker in 1957 marks a turning point. He was a defence attorney so he knew criminal law and the effects on people Diefenbaker intervenes in the case of Steven Truscott, who was wrongfully convicted of murder in 1959. Public debate was split but also was he deserving of death?
7/10 Canadians supported capital
5/10 Canadians supported it after 1950s
Because of the cold war, human rights abuses in the Soviet Union, Show trials, Began to contrast this with our own system
Became really considered with a criminal verdict that is inconsistent with the evidence
He felt confident to reduce Truscott’s sentence to life
He is spared and there starts to be a shift away from capital punishment
Diefenbaker commutes 52/66 death penalties
Diefenbaker commutes Truscott’s sentence to life in prison and reclassifies murder into capital and non-capital murder
Now first and second degree murder
Also passes the bill of rights
Who are Aruthur Lucas and Ronald Turpin?
They are the last two people executed in Canada in December 1962
They both had killed police, exceptions
In Toronto
What was Bill C-84?
After the 5 year moratorium in 1967 expires in 1973, the partial ban is continued, which buys Trudeau Sr. Time to introduce Bill c-84. A debate ensures but the bill to stop captial punishment passes and becomes law in July 1976. A slim majority passed the bill with the only exception being miliary laws but this stopped in 1999. Prison guards are really unhappy by this. The conservatives challenge the law under PM Mulroney, but he opposes their efforts and Bill C-84 holds.
Who was Steven Truscott?
A 14 year old boy who was convicted of murder as an adult. He was sentenced the manatory sentence of death, before Diefenbaker reversed it to life with parole after 10 years. He appealed, was denied from Court of Appeals and SCC. A book was published with a sympathic view and changed public idea. Diefenbaker pleads the government for a new trial but is paroled in 1969. He is acquitted in 2000s after Criminal Code 690.
What do wrongful convictions have to do with the death penalty?
Part of the conversation surroudning the end of the death penalty had to do with wrongful convictions. It showed the irresability of the criminal justice system.
Who was David Milgaard?
He is falsely accured of sexual assault and murder. The case is controversial becuase of inappropriate police pressure, a crooked inspector, and societal bias against youth.
What is Extradition?
Despite maintaining the stance of being against the death penalty, Canadian law is murkier when it comes to extradition. It is allowed in Kindler v. Canada and reaffirmed in cases after.
Who was Donald Marshall Jr.?
He was accused of murdering his friend, Sandy Seale. Sydney police were inexperienced in homicide investigations and refused the help of the RCMP. As a result, they made a number of critical mistakes that leads to MArshall’s conviciton. Marshall secures a release after 11 years. The Nova Soctia government appoints a royal commission that criticized the police, prosecutors, and judges, and makes a series of recommendations to update the criminal justice system.
What is Kindler v. Canada?
In this case, the Supreme Court ruled that the government could allow extradition to a country where the death penalty existed and furthermore that this was acceptable under the charter. This is reaffirmed int he case of Charles NG, a convicted serial killer who rights extradition to the US.
What is Canada v. Schmidt?
It establishes the concept of punishment that “shocks the conscience”
What is United States v. Burns?
In this case, two Canadian Citizens, Glen Burns and Atif Rafay, are accused of murdering Rafay’s family. A confession is obtained using the Mr. Big Tactic. Burns and Rafay launch charter challenges. In the ruling surroudnign the Charter challenge, the Supreme Court determines that Canada should not extradite people untill they could get a guarantee that the death penatly would not be applied. This overrules the Kindler decision and further builds on Schdmidt.
/What was R v. Hart
Helson Hart is convicted of killing his 2-year-old twin daughters after the police get a confession using mr. Big. At the Supreme Court, it is ruled that an abuse of process took place as a reult of Mr. Big and that, moving forward, the onus was now on the Crown to overcome the presumption of inadmissibility of evidence. When the Supreme Court heard the case of Dax Mack, suspected of murdering his roomate, they dismiss his appeal becuase it is found that the probative value of the confession, which prodcued new evidence, outweighed any prejudicial effect caused by Mr big.
