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in some (many?) jurisdictions. (at least as far as Canada is concerned)
>>> In a court of law or a body that tries to act as the same, they can not take into account what someone might possibly do in the future. They can of course judge what someone has done, if they have been found guilty and they can of course take into account what was done in the past but they is all they can do. >>>
In applying a sentence or possible punishment, judges can and do take into account whether the guilty party will possibly (probably) re-offend.
If there is a chance that the "criminal" will commit another (usually similar) crime, they can be deemed a "dangerous offender" and incarcerated indefinitely (with reviews for possible release somewhere down the road).
Parole hearings are also based on whether the "criminal" has a good chance of repeating their past illegal behaviour. They can be denied parole with only the CHANCE of future wrong doing and not having yet again done something criminal.
Even bail hearings are based on the possibility of the "accused" (at this point) being a future flight (or other) risk.... and they have yet to be even tried or found guilty of anything.
>>> They can not find someone guilty for something that hasn't happened yet >>>
Not found guilty but possible/probable of committing the same crime thru "criminal illness" (psycho, not curable, etc), lack of remorse, lack of rehabilitation, etc.
Bottom line... not all legal systems work the same way as in the U.S. - Posted by: MacCanuck Posted on: 03/19/04 You are currently: a Guest | Members login | Terms of Use
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