WATERLOO REGION RECORD ALSO CALLS OUT OUR LOCAL JUSTICE SYSTEM

In Saturday's paper, the Record published their Editorial titled "Hefty fine victimizes victim of sex assault". The Record referred to the victim/complainant's behaviour as a technical breach of the law. They also stated "Not only was she unaware she was breaking the law, her violation was limited rather than egregious." Finally the Record stated "A more appropriate -and more just-response would have been to give the woman a suspended sentence. Or a symbolic fine of $1.". ............................................................................................................. It is my opinion that our judicial system has long needed to be given more attention by the media. This latest outrage is possibly the tip of the iceburg. How many citizens are convicted of crimes on the flimsiest of evidence? How many are convicted because they do not present themselves well either to a judge or a jury? How many are convicted of serious crimes when they are sufferring mental distress and simply can not handle the stress and rigors of a courtroom? How many do not have the money to hire a proper lawyer and go into court with at best advice from an overworked Duty Counsel? ....................................................................................................................... I have read about too many cases where the criteria of "guilty beyond a reasonable doubt" becomes a farce. If the accused is not a sympathetic figure for any of a dozen reasons then the criteria appears to become well why didn't you behave this way? Why didn't you express more emotion/tears etc. when you heard the bad news? Why did you not phone 911 first instead of your wife ? was the question asked in a local court recently. These questions or their answers are not evidence beyond a reasonable doubt. At best they might provide weak evidence with the lower criteria of "on the balance of probabilities". Circumstantial evidence is not strong evidence. ............................................................................................................. Behind all this may also be a mindest from either judges or even juries that they do not make mistakes. Give me a break. Both Canada and the United States (& maybe the rest of the world) have been exposed again and again for egregiously locking citizens up for years and decades via wrongful convictions. If our system is so bad that they get it wrong repeatedly with serious crimes such as rape and murder then why do we think they also don't screw up theft, simple assault, fraud etc. Our judicial systems are filled with fallible human beings who unfortunately sometimes pretend that they are infallible. They also use the resources of the state to convict citizens without any such resources to defend themselves. The system needs reform.