Hello fellow JoeUsers,
I'd like to invite you to be a member of a jury today. I'm going to blab for a bit about boring stuff you probably don't want to read (feel free to skip ahead if you so choose) and then I'm going to present three criminal cases that are 100% real and take place in Canada. If you could be so kind, please respond with your verdict and if guilty, sentence, for each one. The first case is already closed but I won't reveal just yet what the final verdict was. The second case is in progress right this instant, taking place in my city, thank the gods I didn't get called for jury duty as it's going to run for months. The third case is one that's in limbo and the status is still to be determined, so we'll call it a hypothetical case, although the events behind it are very much real.
Now, for the boring preamble-ramble:
What I find so difficult about the legal system is that in order for it to work properly, justice must be blind. The judge and jury have to be as un-biased as possible to hear both sides of the story and make their decision accordingly. To make matters more confusing there's a million legal technicalities and loopholes that can derail a case or change the direction entirely. Lastly, keep in mind that there's the spirit of the law- the intent behind why a particular law was crafted in the first place. With this there's a bit of legal wiggle room for interpretation as society would otherwise need an infinite number of laws to cover every possible eventuality. Throw in the fact that as human beings we're often quick to judge before learning all of the facts (I'm guilty on this one) It's no wonder that folks have been condemned to death row only to be exonerated years later by DNA testing. Gotta love that combo-pack; wrong place + wrong time + no alibi + no money + shitty lawyer + horrific crime = faulty conviction. Not always, but it's happened enough to call things into question.
Case 1:
This happened in Eastern Canada. An on-duty police officer decided to pull over a car on the road at random. He did a spot check- licence, registration, blah blah blah. There were two men in the car and everything checked out. On a hunch, he decided to do a full search of the vehicle and when he got them to pop the trunk he found that they had several kilograms of cocaine stashed there, the value in the multi-millions. The men were charged with possession of a controlled/illegal substance. Verdict and sentence?
Case 2:
This happened in Hay River in the Northwest Territories, a small town of about 3,500 people. At about 5 AM an RCMP officer was responding to a call that dispatch had received about a suicidal man. Upon arriving at the address, the officer encountered three men trying to get into a taxi, all of whom were known criminals and involved in the drug trade. The officer singled out one of them and ordered him to place his hands on the hood of the car. The officer went to search the fellow but he bolted and ran into some nearby woods, the officer chased him. A few seonds later 4 gunshots were heard in rapid succession (as per the taxi drivers testimony) The officer was found some time later by other RCMP, he was dead. He had been shot four times and his pistol was still in it's holster. The fellow who he had been chasing, Emrah Bulatci, fled the scene immediately and six days later he was captured in a swat team raid at one of his suspected hideouts. One of the fellows who was helping to hide him testified that Bulatci's exact words were "I feel stupid for not shooting the cab driver because he was the only witness"
Bulatci is charged with first degree murder (any murder of a peace officer in Canada is automatically first degree charges) And the trial had to be held in the territorial capital, Yellowknife as they did not think that they would be able to find an impartial jury in the town. At the beginning of the trial, Bulatci tried to plead guilty to manslaughter as he stated that he did not intend to kill the police officer but only to wound him. This plea was rejected by the judge and the case is proceeding right now-
http://www.cbc.ca/canada/north/story/2009/10/30/nwt-trial-escape.html
Verdict?
Case 3:
This happened at the Vancouver International Airport. A Polish immigrant named Robert Dziekanski arrived after a long trans-oceanic flight and was going to meet his mother after getting through customs. However, there were problems. Dziekanski did not speak english, and there were no Polish speakers on staff this particular day and he did not clearly understand what was going on. Customs officials had difficulty dealing with him and it took nearly 8 hours before he was cleared through customs. Although they had cleared him, he did not understand that he was free to leave the secured area and instead lingered there trying in vain to communicate with those around him. By this time his mother had already left as she had thought that for some reason he did not get on the flight. Dziekanski, tired confused and angry, started to throw a fit and started to pick up furniture and yell at people around him. The RCMP were called and 4 officers responded. When the officers arrived on the scene, Dziekanski backed up to a wall as they motioned for him to do. Less than 25 seconds after arriving, the officers deployed their tasers, and it turns out that they shocked him five times in rapid succession, while forcing him to the ground and handcuffing him.
While on the ground, he went into cardiac arrest and died. Paramedics were called but were not able to revive him.
The RCMP officers wrote in their reports that he had been unco-operative and threatening, therefore they used a taser on him only once after which he went into cardiac arrest.
However, the whole thing was caught on amature video by a bystander which told a very different story, showing that they had tasered him several times including while he was on the ground and not a threat. Also, the video brings into question whether the officers made any serious attempt to communicate or otherwise engage him.
http://www.cbc.ca/canada/british-columbia/story/2007/11/14/bc-taservideo.html
Now, the officers were not charged but an inquiry was held. If this had gone to court (and it still might some day) Let's say that the charge would be manslaughter, or possibly second degree murder. What would your verdict, and sentence if any, be?