To address the who or who shouldn’t be in jail question - People love to compare US and Canadian incarceration rates as though you guys somehow have it wrong. I disagree.
Not only do we not lock people up for drug crime, but we also don’t lock people up for property crime, and rarely for violent crime. Nearly all murder cases in Canada are plea bargained down to manslaughter, or end up in a manslaughter conviction - no matter how gruesome the murder. In most cases any sentence over five years for a homicide is appealed on the grounds of being “too harsh”.
Think about the following stats:
Adult prosecutions as a percentage of crimes reported in the US stands at nearly 60%
Adult prosecutions as a percentage of crimes reported in Canada is 15%. (Before anyone jumps in and claims Canadian crime rates are lower than US crime rates think about these numbers first. Crime rates are based on convicted crime, not reported crime. These numbers are from a UN survey both countries reported to.)
In 2003 there were 57,562 violent crime convictions in Canadian adult court. Of those convictions, ONLY 35% RESULTED IN A PRISION SENTENCE. Of those prison sentences, the median sentence was 60 days.
13% of those convicted of homicide in 2003 were not sentenced to any jail time. Of those who received a jail sentence the median was just 7 years. Statutory (automatic) release kicks in 2/3rds of the way into a sentence, so assuming these people are not let out on parole much sooner than this, you can automatically reduce this median down to just over 4 and a half years.
In Canada the only crime you can get a life sentence for is first or second degree murder. In 2003, of those serving a “life sentence”, only 60% were actually incarcerated. The rest were serving our their “life sentences” in the community.
For most sentences, parole eligibility kicks in 1/6 of the way into a sentence.
Found with 50,000 child pornography images? Don’t worry about it, your not going to jail, even if the prosecution can prove intent to distribute.
Molest children? Don’t worry, if it was really bad, say you drugged and sodomized a dozen sick children at the hospital you worked at, the very most you’ll get is two years, and if you’re good in jail you’ll be on parole in 4 months.
Kill someone? Here are some popular foolproof ways to get your sentence down to a couple of years tops:
Intent:
“sure I stabbed her 17 times but I didn’t mean to kill her.”
“Sure I plunged a butcher knife six inches into his groin and watched him bleed to death on the floor, but I thought he was faking the whole dying thing.”
“I didn’t realize cutting off the oxygen supply to her brain for two minutes would actually end her life.”
“I just wanted to smash his head in 30 times with my steel toed boots, not actually kill him.”
Or try provocation:
“I strangled her but it was because she made a wisecrack about my sperm count. I couldn’t help it”
Or try the homosexual defense:
“I did stab him 63 times with 6 different knives, but it was because he was hitting on me.”
Or try automatism:
“It was like a big whoosh came over me and I was suddenly watching myself kill her”
Or try a combination (I’m serious):
“I’m totally innocent. Also, I did not mean to kill him, but if I did, it was because I was provoked, but I am not responsible because I was insane at the time.”
Remember, it is up to the prosecution to prove these things are not true.