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Notes -
Canadian judges routinely give lighter sentences to immigrants than citizens for the same crimes. This started in 2013, when an immigrant was convicted and sentenced to 2 years for drug trafficking, and successfully argued that it should be two years less a day to avoid extra immigration consequences. Now, a sex offender gets discharged instead of sentenced after being found guilty.
From another case:
To which I respond: Good. The tests for citizenship, sponsorship, and professional licenses are supposed to exclude sex offenders, and doing so by looking at criminal convictions and sentence length should be a reliable standard. Instead, the judge decided he didn't like what they would do with accurate reports, so he gave a different answer instead.
If I was in charge of the professional licensing body or citizenship and immigration, that would piss me off to no end. I want to know if the accused's conduct was 90-days-of-prison bad, or not that bad. Given that information, I would choose to kick them out (or not). Instead, the judge is taking that out of my hands by reporting whether it's 90-days-of-prison-and-loss-of-licence-and-deportation-and-etc. bad or not. If the judge doesn't share my opinion on the value of a sex-offender-free workplace (and there's no indication that he does), then I can't trust that he summed it up properly.
Also: The Onion hits different 14 years later: Being tried as a black man would be great given how pervasive sentencing adjustments are.
The problem is that judges are people.
For example, it used to be the procedure in the Netherlands that, assuming good behaviour, you only served two thirds of your sentence. The remaining third you'd normally be on parole.
This was removed in order to be tough on crime, and this changed pretty much nothing, because: judges are people. They're using their judgement. They also know the laws and procedures, including this one. So under the old system, if you really wanted to put someone away for ten years, you'd give fifteen. And now, if they want to put you away for ten years, they just give you the ten.
We also have that same law that foreigners who are sentenced to two years or more in prison, should be deported afterwards. This seems on the face of it like a very reasonable law. If you've done something that bad, we'll probably be better off without you around.
But again: judges are people. If the judge doesn't think someone should be deported, they are not going to hand out a sentence that automatically comes with deportation. They are going to hand out a lighter sentence. So now we're having Afghan rapists sentenced to 20 months.
The politicians are now talking about implementing mandatory minimum sentences in order to fix the problem. My guess is, it won't work. If a judge doesn't want to give a sentence, he won't. If he has to acquit the criminal entirely in order to avoid it, he will.
If you want tougher judgements you need to appoint tougher judges.
Yes this problem is everywhere.
Judges were originally given a tenure-like 'life' appointment to protect them from short term blowback from their sentencing, but by doing so the system can't deal with them if they repeatedly hit the defect button against community expectations.
There needs to be a way to indict, recall or otherwise censure judges that do this. Maybe an oversight sentencing board that can be appealed to by victims to review sentencing. And have members of that board be elected for a term of 2-3 years.
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