Before this gets tooooo out of hand…
I believe the first thing one has to realize is what the Criminal Justice System was created for. As the name implies, it was created to do “Justice” on Crimes. It was not created to prevent crime – the name makes that obvious.
Now, over the centuries, some people have realized that in itself could serve no real purpose other than something as irrational as revenge, and that what would make sense was having a system that served its purpose as a crime deterring tool, besides the police force (which WAS created to prevent crime), which clearly isn?t enough. It’s much more rational to try and deter crime rather than provide a means to exert revenge, and the police force is badly in need of help in that department.
Unfortunately, the fact is that Justice Systems all over the world are still trying to do Justice. Even though I believe that concept is fundamentally flawed, and that the whole Justice System thing should be fully replaced by something that is a little more rational, I’m not going to preach on that since I know that humanity is so bent on the concept of revenge (the “eye for an eye” concept that permeates even most, if not all, religions) that changing that would probably require a full redesign of the species.
So, let’s forget for a moment how effective they are preventing crime; let’s focus if they’re good at dispensing Justice, which was what they were designed to do.
The biggest problem with a non-deity like the human species to try and dispense justice is that we are not omniscient, and, hence, we don’t really ever know what the “truth of the facts” surrounding a potential crime is. So we compromise in our pursuit of the truth.
Clearly, the US system is a lot more aggressive than Canada’s in the way it compromises. Is that good or bad?
In essence, Canada chose to follow the current Western European trend of being very, very careful and avoiding conviction of people that don’t “deserve” to be convicted at all costs – even if the cost is letting people who did commit horrendous acts go easily.
So, in Canada, the compromise is that a lot of “evil” people get “away” easy to prevent at all cost that “good” people get convicted wrongly.
The US, however, chose, in practice, the opposite compromise: by having much longer and harder sentences, it severely punishes however gets convicted, even if that means that some “good” (innocent) people get their lives destroyed (literally or not).
So, in the US, the compromise is that a lot of “good” people will get convicted – and their lives destroyed – so that more evil people get “properly” convicted and taken off the streets.
I’m not going to defend or attack either of the systems in general, because the consequences of their compromises are both very serious, and, as I say above, the whole concept behind them is fundamentally flawed.
Just think of it this way: which one would you feel would be more unjust for you:
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In Canada, your daughter gets raped (or worse, killed) and, in spite of the overwhelming evidence, the rapist / killer gets “away” with a short sentence and will be back on the streets to rape or kill more in just a few years
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In the US, your 22 year old son gets in a drunken bar fight and gets convicted of murder and sent to jail for life – or, worse, death row – even though you know he didn’t kill anyone and got framed for it. While in jail, he becomes a human toilet
Take your pick…