Notes

• Author: David M. Paciocco
• Pages: 393-417

NOTES

CHAPTER

i:

The

Credibility

Crisis

1 See

Julian

V.

Roberts

and

Loretta

J.

Stalans,

Public

Opinion,

Crime

and

Criminal

Justice

(Boulder,

Colo.:

Westview

Press,

1997).

2

Sheremeta

Davis, "Call

it a

merciless killing:

A man

accused

of

murdering

a

euthanasia activist goes

free,"

Alberta

Report

- The

Weekly

News

Magazine,

9

June 1997,

25.

3 See

John

Fekete,

Moral

Panic:

Biopolitics

Rising

(Montreal: Robert Davies

Publishing,

1994),

for a

critique

of

victimization statistics

and

their penchant

for

overrepresenting

the

incidence

of

crime. Although

the

critique

is

vitriolic

and

animated,

it is

difficult

to

discount

the

general thesis.

In a

number

of the

studies, sexual victimization

and

family violence rates have been shown

at

preposterous levels. This exaggeration contributes

to a

crisis mentality

in

which fundamental change

is

both

demanded

and

sympathized with.

4

"Victims politically exploited,

says

group," Ottawa

Citizen,

11

April

1997,

A3.

5

Roberts

and

Stalans,

Public

Opinion

at

292-93.

6 R. v.

Parks,

[1992]

2 SCR 871 at

908.

7

R. v.

Collins,

[1987]

1 SCR 265 at

282.

8

Ibid.,

quoting Dale Gibson,

The Law

of

the

Charter: General

Principles

(Calgary:

Carswell, 1997)

at

246.

9 R. v.

Collins,

[1987]

1 SCR 265 at

282.

10

Walter

Schaeffer,

"Federalism

and

State Criminal Procedure" (1956)

70

Harvard

Law

Review

1 at 26.

11

[1987]

1 SCR 265 at

282.

CHAPTER

2: In

Defence

of the

Need

to

Punish

1

Canadian Sentencing Commission,

Sentencing

Reform:

A

Canadian

Approach

(Ottawa:

Ministry

of

Supply

and

Services, 1987)

at

145.

2

Negley

K.

Teeters,

The

Cradle

of

the

Penitentiary:

The

Walnut

Street

Jail

at

Philadelphia,

1773-1835

(Philadelphia: Temple University Press, 1955),

cited

in

George

B.

Void

and

Thomas

J.

Bernard,

Theoretical

Criminology,

3d ed.

(Oxford: Oxford University Press, 1986)

at 8.

394

NOTES

3

Canadian Sentencing Commission,

Sentencing

Reform

at

40-44,

quotes six-

teen

Canadian government reports, dating back

to

1831,

which arrive

at

the

same conclusion.

4

Home

Office,

Crime,

Justice

and

Protecting

the

Public,

Cm. 965

(1990)

para.

2.7, cited

in

Andrew

Ashworth

and

Michael Hough, "Sentencing

in

the

Climate

of

Opinion"

[1996]

Criminal

Law

Review 776.

5

Solicitor General

of

Canada,

"A

Summary

and

Analysis

of

Some

Major

Inquiries

on

Corrections

-

1938

to

1977,"

cited

in R. v.

Wismayer

(1997),

115CCC(3d)

18(Ont.

CA).

6 Le

Dain Commission,

Final

Report

of

the

Commission

of

Inquiry

into

the

Non-Medical

Use

of

Drugs

(Ottawa: Information Canada, 1973)

at 59.

7

Canadian Sentencing Commission,

Sentencing

Reform

at

138-39.

8

Clemens

Bartollas,

Correctional

Treatment:

Theory

and

Practice

(New

York:

Prentice Hall, 1985), reproduced

in Ron

Boostrom,

Enduring

Issues

in

Criminology

(San Diego:

Greenhaven

Press, 1995),

229 at

234.

9

Daniel

J.

Curran

and

Claire

M.

Renzetti,

Theories

of

Crime

(Boston:

Allyn

and

Bacon, 1994)

at 135 et

seq.

10

Neil

Boyd,

The

Last

Dance:

Murder

in

Canada (Scarborough: Prentice

Hall,

1988)

at

8.

11

Falcon

Baker,

Saving

Our

Kids

from

Delinquency,

Drugs

and

Despair

(New

York:

HarperCollins,

1991),

reproduced

in

Boostrom,

Enduring

Issues

in

Criminology,

237 at

246.

12

Curran

and

Renzetti,

Theories

of

Crime

at

40^41.

13

Ibid,

at

42-45.

14

Void

and

Bernard,

Theoretical

Criminology

at

84-92.

15

Curran

and

Renzetti,

Theories

of

Crime

at 62.

16

Ibid,

at

65.

17

Void

and

Bernard,

Theoretical

Criminology

at

95.

18

Curran

and

Renzetti,

Theories

of

Crime

at 68.

19

Void

and

Bernard,

Theoretical

Criminology

at

102.

20

Curran

and

Renzetti,

Theories

of

Crime

at 78.

21

Void

and

Bernard,

Theoretical

Criminology

at 99.

22

Curran

and

Renzetti,

Theories

of

Crime

at

91-99.

23

Ibid,

at

99-103.

24

Ibid,

at

114.

25

Boyd,

The

Last

Dance

at 9. New

research

is

being

touted,

however,

to

sug-

gest

that

criminal conduct

is, in

fact,

much more prevalent among

the

mentally

ill, specifically

those

with schizophrenia.

Dr.

James

Beck

of

Harvard

University claims

that

the

prevailing practice

of

discounting

the

link

between mental illness

and

crime "was

a

matter

of

kindness

and

polit-

ical

correctness." Jeannie Marshall, "Mentally

ill

often

violent, research

reveals,"

Ottawa Citizen,

3

June

1998,

A5.