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Old 05-22-2023, 02:34 PM   #187
MBates
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Quote:
Originally Posted by Captain Otto View Post
He turned himself in because he had to. But he had no intention of doing so. His family was actively trying to hide him.

Warrants. There were 4 criminal warrants - 1 for assault and 3 fail to comply. Not witness or anything else. Whether it was endorsed or not makes zero difference as he likely doesn't know the difference. Either way, endorsed or unendorsed, you're getting arrested. Doesn't seem like a guy on the right track. The FTC's are pretty telling.

I mean I can't believe you are making excuses. He admitted he has been with the wrong crowd since 2017. Yet day after day, he made the same decision to both affiliate AND participate in whatever that wrong crowd was doing. On New Year's eve, there was a consequence to that (those) decisions. In fact, during the traffic stop:

"As two officers were at the passenger side door dealing with Abdulrahman, he allegedly began shouting for his younger friend to take off."

Seems like he was well on his way to be a productive member of society.

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I mean, if he had a thousand warrants and was hanging out with the worst crowd in the world, but when the traffic stop was conducted he just sat there and said and did nothing he would be guilty of precisely nothing as it related to Sgt. Harnett.

He did, however, do something, including yell at the driver to drive. As a result, he was initially charged with murder, pleaded guilty to manslaughter (being a legal cause of the police officer's death without having intended to cause the police officer to die) and went to prison for it.

A very experienced and conscientious Crown prosecutor sought 8-9 years based on his view of the facts and law. A very experienced Defence lawyer sought 2 years followed by 2 years of probation. The judge ordered 5 years (saying 6 years would have been the sentence but knocking off a year for the guilty plea and other mitigating factors).

What exactly was the level of remorse and was it genuine? I don't know. Everything I am pointing out about this case comes from media reports.

Should his remorse after being partly to blame for the death of a police officer matter? I think it should matter. Our criminal law says it matters. I have heard other homicide victim's family members talk about how it matters to them. Not always of course.

Should him taking genuine steps toward rehabilitation and getting on the 'right track' matter if it took him going to prison after a person's life was taken before he got the message? Again, our law says it matters. I have heard other homicide victim's family members talk about how it matters to them. Not always of course.

I fully appreciate my perspective is shaped by my career experiences. I know your comment was directed at others but I am not sure it is 'making excuses' for people to advocate for a principled and restrained approach to punishment for crimes.

I also, take no issue with people advocating for a more harsh / longer sentences approach.

For those that do, however, I would prefer to see them also do two things:

1. Address the costs and how it assists society to pay for significantly extended incarceration of people at a cost of about $118,000 per year per person; and

https://www.publicsafety.gc.ca/cnt/r...dex-en.aspx#s1

2. Address why they are uncritical of the deplorable manner in which incarceration in Canada systemically ignores internationally recognized standards of care.

https://macleans.ca/news/canada/hous...tem-is-broken/

I raise the first issue because at our current punishment practices our jails and prisons are in disrepair, over crowded and understaffed. If you added 30% to every sentence starting tomorrow, well, let's just be honest...you couldn't. Because apparently nobody wants to pay taxes at a level to properly incarcerate people now, never mind more often and for longer.

I raise the second issue because well, after 20 years of watching us use methods of systemic abuse (including for example solitary confinement to a level recognized internationally as torture, and in Alberta completely ignoring the "Mandela Rules" a Canadian-signed UN treaty setting Standard Minimum Rules for the Treatment of Prisoners), I can't help but wonder how we think behaving that way will help offenders learn to respect the law and society when they get out?

Maybe our manner of using incarceration is itself not on the 'right track'? It is at least worthy of debate.


Also, back more to the topic, it is noteworthy that the driver's proceedings have been continuing and after trial he was found guilty of manslaughter as well...but the ruling has been made that he will receive an adult sentence (and the Crown is seeking 11-13 years):

https://www.cbc.ca/news/canada/calga...ence-1.6838455
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