Crime Bail Out

Posted: March 2, 2013 in Uncategorized

With Crime being on the rise for the last 3 years and reaching the point now of being totally out of control, we are in a situation where we are in desperate need of reform in all areas of Criminal Justice from the police to the jailhouses. However, rather than propose and pass legislation that would allow for a more progressive and fair approach in all aspects of justice, where criminals would feel the brunt of the law and those innocent will receive the protection provided by the law. The latest end run around good legal reasoning, comes from one of our greatest legal minds, whose mind seems to be on vacation. The Attorney General is proposing legislation to make Firearm offenses (including possession) a non-bailable offense, i.e. bail cannot be granted. What comes to mind immediately are images of vicious gang members being separated from their weapons and locked away from the get go. What happens however when we let the fear of our current crime situation subside and look at this proposal from a holistic and unclouded view? When reason and sense come to mind we can see through this hard face into a squishy interior of political puss that infects much of what is passed off by those in authority as a solution. 

No Bail coming for Gun accused is the cry of the Government to reflect what the public would like to hear, shaping what they may thing. First of all, it is important to understand that bail is not a matter of you ‘pay and get off.’ Bail is the court allowing the accused to be released from jail until the calling of the trial under certain conditions and are monitored by the police (being required to do mandatory check ins, drug tests etc.). Also understand that in cases of murder whether gun of not, no bail can be granted due to the severity of it. Once someone is held for a summary (minor) offence it is up to the magistrate’s discretion to grant bail based on the basis of the severity of the charge and how much of a threat it is to have that person on bail until the trial is called. All of this is taken into consideration. When the trial is called, the person must go through the full process and face the penalty outlined by the law, bail or not.

Now that that is out of the way, this new proposal does nothing but further perpetuate the stereotype that a man charged is a man convicted. With no bail the Judiciary’s hands will be tied in not being able to make a reasonable call on bail for each particular circumstance. What does this say now about the presumption of innocence which is the basis of our criminal proceedings? This will be compromised, making the outward image of the proceedings to appear as guilt presumed on the accused. Then comes in the even more personally serious issue of abuse. There are many instances of Police planting guns on people, and cases where there is at least a reasonable doubt as to the situation of a person possessing a firearm and/or ammunition. So the mandate will be jail from the point of accusation, to possibly be beaten and raped until they reach a court months later, or cave into the abuse and sign a confession no matter what it says in hopes of escape for some time? The magistrate or judge in sitting is no fool , and in the best of a professional opinion to advance each matter from bail to jail. 

We have here something that can, quicker than fix the gun crime situation overnight, turn into an overnight mess, defiling the basis of our law and violate our simplest safeguards in one foul swoop. We must never let fear cloud our good judgement. We need smarter and progressive legislation, as well as proper policing, not the over-glorified shots in the dark that we accept when power is in the hands of those who want to give us only what looks good on the surface. There is such a deep rot underlying that we can taste it in our everyday lives in so many areas, this proposal being rotten from the inside from the get go, whether we or even the Government sees it or not.

  1. […] heavy fines. At first (like many other proposals such as “No bail for gun offenses”- the idea seems appealing to the general public as we often only think of the criminals being […]

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