How Not to Argue in Favour of 2-for-1 (Cinco)

This column by Edward Greenspan in favour of two-for-one sentencing credits is little more than a screed against Stephen Harper, so it hardly warrants much attention (and, really, if you aren't going to accept at face value the arguments of criminal defence counsel on matters of the criminal justice system, then you are just far, far too cynical).  Greenspan wanders through the usual rote collection of arguments in favour of sentencing credits: remand is tough, judges need more discretion, Stephen Harper is a big meanie, etc.  Greenspan's argument largely rests on the notion that Stephen Harper is a bad guy, and since Harper's the one who came up with this idea, it must therefore be a bad idea.  Regrettably, Greenspan never mentions that the proposal to eliminate two-for-one sentencing credits didn't fall out of the clear blue sky, nor was it concocted by a cigar-chomping cabal of Reformatory and Rethuglican strategists - it's something that has been repeatedly agreed upon and requested by provincial attorneys general, over a period of years.  Those provincial attorneys general represent parties across the political and ideological spectrum - Conservative, Liberal and NDP.  The measure proposed by the federal Tories has also secured support from the federal Liberals and NDP - something else which somehow manages to escape Greenspan's attention.

But all that is mere throat-clearing for this post.  My favourite moment of Greenspan's column comes about two-thirds of the way through:

Prisoners are given two-for-one credit because pre-trial detention typically involves conditions that are harsh. ... Some plead guilty just so they could be removed from the harsh conditions of a detention centre and be sent to a prison with better conditions. And our prisons aren't spas, believe me.

You're absolutely correct, Mr. Greenspan.  Our prisons are not spas... except when they are:

For nearly seven years, Kuldip Singh Samra has been playing chess, baking cookies, preparing his own meals in his residential-style unit, working in his vegetable garden, taking courses in sociology and jogging on a private track at the minimum security facility that isn't surrounded by a high wall or a barbed-wire fence. Ferndale Institution also boasts a tennis court and weight room.

Or we could talk about the convicted cop-killer who gets to hang out at the minimum security Kwikwexwelhp Healing Village.  Or when first-degree murderers get to board their horses and play golf in prison, or attend football games while on day parole.  I'm on the outside, and I don't even get to tend my vegetable garden or play golf on the government tab - heck, where am I supposed to put my horse?

Comments

[Go Bob Go]

"You're absolutely correct, Mr. Greenspan. Our prisons are not spas... except when they are:"

You should know that Vegas is no longer accepting action on Tarnatino vs. reality proposition wagers, it's not even a fair fight anymore.