News (Media Awareness Project) - CN AB: LTE: Judge's Sentencing Logic Flawed |
| Title: | CN AB: LTE: Judge's Sentencing Logic Flawed |
| Published On: | 2005-03-23 |
| Source: | St. Albert Gazette (CN AB) |
| Fetched On: | 2008-01-16 19:48:25 |
JUDGE'S SENTENCING LOGIC FLAWED
The sentence by Judge Jeanne Burch regarding the marijuana grow
operation is an excellent example of why judges should not be
appointed for life.
This judge has thrown out good cases with solid evidence time after
time by merely disregarding the facts as noted in many impaired
driving charges heard in Morinville. Is there a body in place to track
her court record? Her logic in this grow-op case is flawed.
It was noted the accused has been growing marijuana since 2003. It is
now 2005. The amount seized in St. Albert was more than that found at
Rochfort Bridge in the quonset house of Mr. Roszko. What astounds me
is the judge's logic that the accused did what he did out of
desperation and it was a stupid decision. Following this logic, anyone
who is desperate for money and commits a serious offence -- steals
from their employer, robs a bank, does a car jacking, robs an elderly
person -- should only get a community sentence. For any judge to
suggest that someone gets involved in a drug grow operation out of
desperation and not greed is a crime itself.
When a judge is allowed to pontificate in such a fashion, without
rebuke, it leads me to believe it is time for a complete overhaul of
our judicial system. Perhaps judges should be elected. If judges were
a little more attuned to preventing crime and looking after the
victims and society, we would not live in fear and justice would be
served.
It seems many still wonder how things like the murder of the four
Mounties occurred. It is because our Charter of Rights is flawed and
needs an overhaul, as does our legal system. Look how powerless the
police were when it came to doing something about Mr. Roszko. It would
appear our laws only enable the police to act when the criminal
commits the crime and often that is too late.
The sad part about this scenario is that judges and lawyers do not
have the wherewithal to stand up and be counted for the necessary
changes in the law as they all come from the same background and seek
political patronage.
A. Williams
St. Albert
The sentence by Judge Jeanne Burch regarding the marijuana grow
operation is an excellent example of why judges should not be
appointed for life.
This judge has thrown out good cases with solid evidence time after
time by merely disregarding the facts as noted in many impaired
driving charges heard in Morinville. Is there a body in place to track
her court record? Her logic in this grow-op case is flawed.
It was noted the accused has been growing marijuana since 2003. It is
now 2005. The amount seized in St. Albert was more than that found at
Rochfort Bridge in the quonset house of Mr. Roszko. What astounds me
is the judge's logic that the accused did what he did out of
desperation and it was a stupid decision. Following this logic, anyone
who is desperate for money and commits a serious offence -- steals
from their employer, robs a bank, does a car jacking, robs an elderly
person -- should only get a community sentence. For any judge to
suggest that someone gets involved in a drug grow operation out of
desperation and not greed is a crime itself.
When a judge is allowed to pontificate in such a fashion, without
rebuke, it leads me to believe it is time for a complete overhaul of
our judicial system. Perhaps judges should be elected. If judges were
a little more attuned to preventing crime and looking after the
victims and society, we would not live in fear and justice would be
served.
It seems many still wonder how things like the murder of the four
Mounties occurred. It is because our Charter of Rights is flawed and
needs an overhaul, as does our legal system. Look how powerless the
police were when it came to doing something about Mr. Roszko. It would
appear our laws only enable the police to act when the criminal
commits the crime and often that is too late.
The sad part about this scenario is that judges and lawyers do not
have the wherewithal to stand up and be counted for the necessary
changes in the law as they all come from the same background and seek
political patronage.
A. Williams
St. Albert
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