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That is peculiar indeed.I am speculating here, but I believe it may stem from currently-popular theories regarding alternative sentencing for aboriginals in Canada.In the not-too-distant past there was great concern about why Canada's prisons are overflowing with aboriginal inmates, and an intensive study concluded that the way to reduce the number of aboriginals in Canadian prisons would be to send less aboriginals to prison. (This was the result of millions of dollars of research and years of study, as you can imagine.)-k

This is an absurd oversimplification on par with Shady saying US banks were forced to destroy the economy by Obama.
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"Alternate sentencing for aboriginals?" That helps shed some light on the comment, but all I can say is ... wow. :blink:

Yes. Modeled after the ones that occur in the USA.

Tlulalip band:

http://nnidatabase.org/db/text/tulalip-alternative-sentencing-program

State of Alabama:

http://www.alabamaadr.org/web/restorative/restore_circle_sentencing.php

Navajo Nation:

http://www.navajocourts.org/comment.htm

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Guest American Woman

I'll have to look into that more, but at first glance it looks as if they are speaking of Native American courts, and I do realize that Native Americans have their own system within their communities; but if the offense takes place outside of their community, from what I understand, the court system within that jurisdiction is in effect.

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That is peculiar indeed.

I am speculating here, but I believe it may stem from currently-popular theories regarding alternative sentencing for aboriginals in Canada.

In the not-too-distant past there was great concern about why Canada's prisons are overflowing with aboriginal inmates, and an intensive study concluded that the way to reduce the number of aboriginals in Canadian prisons would be to send less aboriginals to prison. (This was the result of millions of dollars of research and years of study, as you can imagine.)

Since crime can't go unpunished, alternatives to incarceration were required for aboriginals convicted of crimes. One of the things they came up with was "sentencing circles". Basically, these are gatherings where the criminal, the victims, and the community get together and hug it out. When it was reported in the press that aboriginal offenders could be punished with group therapy, rather than prison, the idea was ridiculed by many Canadians.

"No no," the experts replied, "you don't understand native culture! For a native person, being reproached by their community is more punishing than a prison sentence could ever be! Rest assured, this is serious business."

And while I doubt most Canadians are convinced, Canada's legal community has to pretend they take this idea seriously so that they can defend alternative sentencing practices for aboriginal offenders.

So, that might be why this person's "aboriginal status" is an issue. I am just speculating, as I said, but the idea that sentencing native people is different from sentencing other people seems to have currency within the legal community.

-k

A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Aboriginal background under Section 718.2(e) of the Criminal Code.[1]

The process derives its name from "R. v. Gladue", a 1999 Supreme Court of Canada decision.[2][3]

In Criminal sentencing in Canada, a court is required to take into account all reasonable alternatives to incarcerations, with particular attention to Aboriginal offenders (s. 718.2(e)). This is not an automatic "get-out-of-jail-free card." Rather it requires the court to take into account circumstances facing Aboriginal peoples. Where the crime is relatively minor, the court should consider Aboriginal-based sentencing principles such as restorative justice. This incorporates community members and the victim in determining a fit sentence. However, where the crime is more serious, courts will generally find that the Gladue Principle is inappropriate and consider more traditional sentencing objectives such as protection of the public and deterrence.

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This is an absurd oversimplification on par with Shady

Hey, there's no need to get vulgar! :angry:

on par with Shady saying US banks were forced to destroy the economy by Obama.

I will agree that my message is an oversimplification (unlike Shady's claims about banking, which were outright lies). However, as Canuckistani's message shows, my oversimplification is based on the truth. The legal system is indeed under pressure to use alternative sentencing for aboriginals. The legal system is indeed encouraged to consider sentencing aboriginals as being different from sentencing other people. And it is apparent that Mr Addelman was not out of line in requesting that the court consider his client's race in requesting a lesser sentence.

-k

Edited by kimmy
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Hey, there's no need to get vulgar! :angry:

I will agree that my message is an oversimplification (unlike Shady's claims about banking, which were outright lies). However, as Canuckistani's message shows, my oversimplification is based on the truth. The legal system is indeed under pressure to use alternative sentencing for aboriginals. The legal system is indeed encouraged to consider sentencing aboriginals as being different from sentencing other people. And it is apparent that Mr Addelman was not out of line in requesting that the court consider his client's race in requesting a lesser sentence.

-k

you're not wrong, but you should look more into why they do this, when they use it, and where it is used. There's valid objections to be made, but it would only be fair if you recognized the purpose behind this without the implied strawman arguments. For instance, restorative justice is not something that's being pushed for in aboriginal communities alone and Canuckitani's post shows that it's not meant to be used in more serious offences. Edited by cybercoma
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Although I think he was sentenced correctly for physically touching the victims, you have a point. Our society is way too over sexualized. It's disgusting really. I saddens me to look at magazines and how girls feel the need to look perfect. It's what leads them into alcohol and drugs when they can't do it...

Some day we'll look back and see how stupid our society was with all of this mass media bull.

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you're not wrong, but you should look more into why they do this, when they use it, and where it is used. There's valid objections to be made, but it would only be fair if you recognized the purpose behind this without the implied strawman arguments. For instance, restorative justice is not something that's being pushed for in aboriginal communities alone and Canuckitani's post shows that it's not meant to be used in more serious offences.

But is has been, including manslaughter. It's used anywhere there are no minimum sentencing laws. It may not be a get out of jail free card, but it's certainly a get less jail time because you're aboriginal card.

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Although I think he was sentenced correctly for physically touching the victims, you have a point. Our society is way too over sexualized. It's disgusting really. I saddens me to look at magazines and how girls feel the need to look perfect. It's what leads them into alcohol and drugs when they can't do it...

Some day we'll look back and see how stupid our society was with all of this mass media bull.

At the same time it is treated as evil to be aware of sex of of your sexuality. No problem with showing a lot of violence on the screen, but when we have a 'wardrobe malfunction' people get all upset. Does not make any sense to me at all.

The one thing that I was happy to see was that La Senza for Girls was abandoned and the stores shut down. If you want to talk about hypersexualizing, getting rid of that helps.

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But is has been, including manslaughter. It's used anywhere there are no minimum sentencing laws. It may not be a get out of jail free card, but it's certainly a get less jail time because you're aboriginal card.

As I said, this isn't particular in the aboriginal communities. They're working on restorative justice programs in other jurisdictions as well. They've proven to be more effective in reducing recidivism than punitive justice programs and that's why they're used.
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