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Originally Posted by CliffFletcher
So where do we draw the line? Low IQ impacts mental capacity and culpability, obviously.
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It's a spectrum obviously, but the ability to tell right from wrong has to be the most important aspect for me. I get that not everyone believes our Justice System should include punishment (as opposed to just rehabilitation), but I mean if you are going to punish someone, I think they need to understand what they did was wrong.
Quote:
Originally Posted by CliffFletcher
I don't think that's a wise path to take, and I worry that we're well on our way. The fact is, most violent criminals have low IQs, awful family histories, and substance abuse issues. Reducing sentencing on the basis that those factors reduce culpability would seriously undermine the public's faith in the justice system and its role in keeping them safe.
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But the Justice System should be not only about punishment but rehabilitation as well, in my mind. Maybe the people you described don't deserve the same punishment, but require longer rehabilitation, so I wouldn't necessarily suggest that shorter sentences for less intelligent people is the next logic step.
In any case, aggravating circumstances like that are already considered. Judges have to consider First Nation status in sentencing now:
https://www.theglobeandmail.com/news...article535585/