The Canadian House of Commons sent a bill {S-6} back to the Senate that would have done away with the Faint Hope clause {§745.6 of the Criminal Code of Canada-pdf}. The clause allows prisoners sentenced to life imprisonment with a parole eligibility of greater than 15 years to apply for early parole if they have served 15 years. {Canoe News was alluding to the idea that this was politically motivated, in the wake of Conservatives in the Senate killing an environmental bill, C-311}.

The Conservatives have been wanting to get rid of the faint hope clause and may eventually get their way. The Conservatives’ stance is that it re-victimizes the families by having them prepare at an earlier date for parole hearings. A Toronto Sun columnist, Jerry Agar, isn’t interested in rights and rehabilitation of convicted criminals. He wants tougher sentencing and the elimination of the Faint Hope clause for the sake of victims. In my mind, this brings up a fundamental question. Does society view the criminal as forever “bad” or is even the most notorious criminal subject to rehabilitation?

Moreover, while the rights and safety of the victim shouldn’t be discounted, at what point does the weight of a victim’s impact statement have more gravitas than the evaluations of a prisoner’s current state. I wonder about government intervention when it comes to the wishes of the victim. The attempt by California courts to get Roman Polansky extradited from Switzerland in spite of the victim’s wishes after her civil settlement makes me wonder what the guidelines should be. Specifically, how should prosecutors and the courts balance a victim’s wishes and the interests of justice?

One factor that may be influencing this is culture. European sentences for homicide can be lenient by North American {US & Canada} standards, but there appears to be a cultural norm that tough sentencing is a deterrent and metes out justice for the victim. While “vengeance” may be a strong term, I recall watching a HBO documentary on capital punishment about a decade ago and much of how the death penalty was framed was to help the victims obtain closure.

I suppose much of this boils down to whether one believes in rehabilitation. Are the Jimmy Boyles {Scottish gangster and convicted murder turned artist and writer} merely outliers in the annals of crime and punishment?

Twitterversion:: [blog] Do You Believe a Murderer Can Be Rehabilitated?: Canada’s Faint Hope Clause Clings to Hope—for now. @ThickCulture @Prof_K