Pubdate: Wed, 18 Oct 2006 Source: Calgary Herald (CN AB) Copyright: 2006 Calgary Herald Contact: http://www.canada.com/calgary/calgaryherald/ Details: http://www.mapinc.org/media/66 Author: Don Martin, Calgary Herald THREE-STRIKE BILL ISN'T DANGEROUS -- BAD GUYS ARE Prison construction companies would seem like a secure investment as the law-and-order Conservatives pitched a plan Monday to strike out convicts after a threepeat of serious offences. Upon a third conviction, unless the accused had a damn good excuse for committing three rapes or attempted murders, a judge would have to impose a dangerous offender designation along with a seven-year minimum sleepover in the slammer. Thus, many more prisons. So one need only throw a cash bundle at the nearest McPrison Construction Ltd. as it prepared to bid on a Canadian correctional services building boom and wait for the proceeds of serious crime to roll in. But first, given my troubled buy-high, sell-low history of stock market activity, a bit of research was in order. And, lo and behold, there was Minister of Justice Vic Toews doing a television interview in the office next to my tiny cubicle with his flack standing outside. So, I asked him, how many hundreds of chronically dangerous offenders would this new bill put behind bars and how many expensive new Supermax prisons might be needed to accommodate the population surge? The flack punched a few buttons on his BlackBerry. "Um, there were 25 designated last year, half that number this year," he said. So the new law's gonna add a couple zeroes to that number of chronic evil-doers in jail, right? "After this legislation passes, it might reach 50," he predicted. Fifty more dangerous dudes? Total?? Gosh. Scratch the inmate population explosion. Cancel the share buy. The new federal legislation released Monday is hardly as dangerous as it seems to the hysterical bleeding hearts who view the worst inmates as victims of hard justice. For starters, only the dirtiest dozen of serious crimes trigger the reverse onus, which means the convicted inmate has to successfully argue they are NOT a dangerous offender after a professional assessment suggests the label should stick. And those crimes have to be linked to a series of nasty add-on activities to qualify for the strikeout call. So an incest conviction might get the Crown's attention, but it has to be committed during a kidnapping or torture or any of a few dozen other ugly conditions before the offender qualifies as a crime worthy of the dangerous designation. A check with The Centre for Justice Statistics, a wonderful resource that puts numbers to everything in the judicial system, couldn't produce a count of three-time major crime offenders, which suggests this isn't an epidemic. But wait, others say, what about California where they pioneered the strikeout as harsh law and order in 1994? Trouble is, the golden state's net casts so wide that a bar-room brawler would qualify for a life behind bars after three fights. This has struck out some 43,000 inmates but, because most of them would live behind bars in any event, the expected $20-billion, 20-year prison construction program is barely half that amount. Others argue this is cruel and unconstitutional punishment triggering incarceration overkill. It's doubtful. The Crown must first produce a professional assessment on the hopelessness of the inmate to be rehabilitated. Even if he or she is deemed a lost and dangerous cause by the experts, the presiding judge still has the discretion to apply the label or opt to impose a less aggravating sentence. But it won't be a deterrent, others argue. Given that the average Canadian inmate is in their mid-30s with two hard time sentences to their name and a third on the way, might I suggest jail won't be a deterrent from a fourth crime? About the only moment's hesitation they'll have before reoffending might be the prospect of not being able to escape a seven-year sentence. Let's face it. After three times of being proven guilty on violent crimes, these cons are inherently dangerous and it should fall on their shoulders to plead their case for leniency. Of course, there's considerable doubt any of the three opposition parties will support the government, which would doom the bill to failure or a delay until after the next election. That's a pity. This tough-love government has introduced welcome rules for a whole new ball game. Until now, three strikes usually meant a walk. But this bill will banish the most dangerous players to the dugout for a long, long time. - --- MAP posted-by: Elaine