Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.3 Tandy Xenix 02/17/86; site gilbbs.UUCP Path: utzoo!lsuc!watmath!clyde!burl!ulysses!bellcore!decvax!ittatc!dcdwest!sdcsvax!ncr-sd!hp-sdd!hplabs!qantel!ptsfa!gilbbs!mc68020 From: mc68020@gilbbs.UUCP (Tom Keller) Newsgroups: net.politics Subject: Re: Television coverage and censorship in Canada (in net.columbia??) Message-ID: <42@gilbbs.UUCP> Date: Fri, 7-Mar-86 04:56:46 EST Article-I.D.: gilbbs.42 Posted: Fri Mar 7 04:56:46 1986 Date-Received: Mon, 10-Mar-86 06:06:57 EST References: <6396@utzoo.UUCP> <514@kontron.UUCP> <814@alberta.UUCP> <11573@watnot.UUCP> Distribution: net.politics Organization: Gil's Place, Santa Rosa CA Lines: 80 Summary: "accused" often confused with "guilty" In article <11573@watnot.UUCP>, jjboritz@watnot.UUCP (Jim Boritz) writes: > Asides from this I would like to mention some things that are different in the > Canadian and American systems of justice. > > In the US you tend to lean very heavily towards protection of the accused, and > freeedom of the individual. In fact you lean in this direction so heavily, > that there are cases in which guilty persons have been set free because the > police violated the rights of this individual. Oh, good heavens! You mean the system isn't *PERFECT*? Oh, what *SHALL* we do, what shall we do? > In Canada we lean towards the protection of society as a whole, and we place > less emphasis on the rights of the accused that we do on the rights of > society. The arm of the law in Canada is much heavier in Canada than it is > in the US. The biggest problem is that most Canadians know more about the > American Legal System than they know about the Canadian Leagl System. I > myself was one of these, luckily I have been told or taught what the > differences are. Canada now has a constitution of its own. Could you believe > that we existed for over a hundred years without a constitution. Imagine that. > :-) Somehow we haven't gone to hell in a handbasket, we haven't become > socialists or communists or Nazi's. We did not have 'Freedom of Speech' as > a right. Yet we had it somehow. We had no CIA or FBI or NSC . When we got > our constitution though we soon after got the CSA (Civilian Security Agency) > They are probably not related, but sometimes I wonder. In other words, sir, in Canada, the law presumes that because you are accused, your have few, if any rights. On the other hand, society *MUST* be protected from filthy criminals, and society has the right to stopm on you as an individual because you are accused. Unfortunately, we in the U.S. are also moving toward this disgusting point of view. Our so-called "victim's rights" movements are nothing more than thinly veiled attempts to remove the protections provided under the law to ensure that one will be, in fact, considered innocent until proven guilty, and that the evidence generated against the accused must be gathered in a lawful and honest fashion. Having been the victim of a violent crime, I can fully understand the emotionally driven desire for revenge. Certainly, it is difficult to see the perpetrator of a crime against you, or your family or friends, set free under some technicality. This is partially the fault of an imperfect system, and partially the fault of unethical attorneys, who view their role as that of "getting the client aquitted", as opposed to "ensuring that the client receives the full protection of the law". Okay, so the system isn't perfect. In a society that CLAIMS to value freedom, it remains true that it is better that 10 guilty perpetrators go free, than that one innocent person is convicted. Sure, we as members of society want to know what protections we can expect, against being robbed, raped, or murdered. These things are important to me too. Sometimes it is difficult to accept that there *CAN BE* no such protections that are 100% effective, even *IF* you deny the accused any rights, and protections under the law. Remember that the laws granting the accused protections and rights were eneacted to counteract perceived brutality and injustice in the system. Remember also that someday, it may be *YOU* who is the accused, and won't you want some protection, some rights to defend yourself? There are *NO* gaurantees in this life...it is all one big gamble. Passing or accepting brutal, injust and insensitive laws won't change that one bit. It will simply reduce the quality of life for everyone. -- ==================================== Disclaimer: I hereby disclaim any and all responsibility for disclaimers. tom keller {ihnp4, dual}!ptsfa!gilbbs!mc68020 (* we may not be big, but we're small! *)