Bringing 'Em Back or Not? (I.D.'ed Cdn ISIS fighters, families, kids?)
- Thread starter The Bread Guy
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But the reason you are Remanded is due to risk to reoffend, severity of the charges, flight risk, history to fail attend and the list goes on. If your Remanded it is for a good reason, conditions should be better then they are, but many like to be off the streets with three meals a day and a dry roof.
It should be day for day, unless there is something extraordinary. Then it should be case by case only. To many taking advantage of the 1.5/2 for one rule, Lawyers real the rewards.
It should be day for day, unless there is something extraordinary. Then it should be case by case only. To many taking advantage of the 1.5/2 for one rule, Lawyers real the rewards.
I’ve written the briefs to crown that have gotten plenty of people sent to remand on primary, secondary, or tertiary grounds, but thanks for stopping by to explain all that to me.
Thanks, others may not be as wise as you
lenaitch
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Off the top of my head, no programs like education, addiction, counselling, etc.
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I stand to be corrected, but time served before sentencing is bonused, in part, because it's served before guilt is proven.
Generally, more crowded, more violence, fewer supports and resources etc. It’s basically warehousing accused.
OldSolduer
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Correct - that is what we do.
CountDC
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ah, thanks for the answers. Another reason the courts have to be fixed so cases get through quicker.
Still not a fan of giving more credit for it when they are found guilty based on that but I did read an interesting article by a lawyer that showed in math terms that the additional credit for time served does not actually mean they serve less time than the person that goes direct to court and is given the same sentence. Can't find it now but the basics was the person that delay and stalled their court case to get the time credit doesn't end up serving less time than the one that goes direct. The example was if sentenced to 90 days you will usually do 2/3 of the time so 60 days. The person with credit does 30 days holding gets credit 45 days and has 45 days to serve (90 days) . 2/3 of 45 is 30 days to total 75 days served. To walk directly out free at sentencing due to credit you would have to do 60 days in holding for the 90 credit, the same amount you would serve anyway.
Could be wrong but that lawyer makes it seem to make sense.
Still not a fan of giving more credit for it when they are found guilty based on that but I did read an interesting article by a lawyer that showed in math terms that the additional credit for time served does not actually mean they serve less time than the person that goes direct to court and is given the same sentence. Can't find it now but the basics was the person that delay and stalled their court case to get the time credit doesn't end up serving less time than the one that goes direct. The example was if sentenced to 90 days you will usually do 2/3 of the time so 60 days. The person with credit does 30 days holding gets credit 45 days and has 45 days to serve (90 days) . 2/3 of 45 is 30 days to total 75 days served. To walk directly out free at sentencing due to credit you would have to do 60 days in holding for the 90 credit, the same amount you would serve anyway.
Could be wrong but that lawyer makes it seem to make sense.
FormerHorseGuard
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Till you are the one in the cell, and the world as you know has changed, and then you find out just how many rights and benefits you have coming.
You have more rights once you are charged or convicted of a crime then you did before you were charged or convicted.
rob a bank spend time in jail waiting for the trial, found guilty, and get a reduced sentence time because you had to wait behind bars for your trial.
murder some one and spend time awaiting trial and you are rewarded for your time in jail before being convicted.
Show up at last call when sentenced to weekends and if they have no room for you, they send you home with full credit for time you would of served.
I think the Canadian Justice system needs a rewrite, till it is you on the on the other side of the cell door, then the system is great, because it seems to benefit the accused more than the victims.
If your case takes too long to get in front of the judge, toss the charges, so you know there will be delay tactics planned, along with the normal delays. Enough delays and you are free
What a system
You have more rights once you are charged or convicted of a crime then you did before you were charged or convicted.
rob a bank spend time in jail waiting for the trial, found guilty, and get a reduced sentence time because you had to wait behind bars for your trial.
murder some one and spend time awaiting trial and you are rewarded for your time in jail before being convicted.
Show up at last call when sentenced to weekends and if they have no room for you, they send you home with full credit for time you would of served.
I think the Canadian Justice system needs a rewrite, till it is you on the on the other side of the cell door, then the system is great, because it seems to benefit the accused more than the victims.
If your case takes too long to get in front of the judge, toss the charges, so you know there will be delay tactics planned, along with the normal delays. Enough delays and you are free
What a system
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Latest on this one ....
Shamima Begum loses appeal against removal of British citizenship
Lawyers sought to overturn ruling last year that revocation of her citizenship was lawful
www.theguardian.com
As a former CO here, let me just clarify a few things...
- Being remanded sucks, especially if it's for something stupid & destined to be thrown out in court. It also makes defending yourself substantially more difficult
Not everybody who is remanded is remanded for good reason. I've seen more than a few folks remanded into custody that shouldn't have been...
for many it does not. For a first time person I agree. Many use the system to their advantage to gain time towards their sentence, be safe(er) then on the streets etc.
Lots of charges laid that should not have been either. But the people who choose for them to be remanded have good reasons. They may not be the right reason. That is why the court does their job.
Both fair points
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