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How should the Canadian justice system handle cases where the perpetrator is guilty, but mentally ill?
Canadians across the country are crying foul this week over the ruling of Vincent Li, who brutally beheaded victim Tim McLean on a Greyhound bus over the summer. The judge's verdict deemed Li 'not criminally responsible,' ordering him to spend time in a mental facility, rather than behind bars. The ruling could leave Li without a permanent criminal record, and could see him integrating into society again if he is rehabilitated. While McLean's family claims he's 'getting away with murder,' the Canadian courts insist that justice has been done. Tell us, should perpetrators of this nature be held responsible for their crimes?
Board to decide Vincent Li's future
http://ca.news.yahoo.com/s/capress/090306/national...
Victim's family says Manitoba bus beheader 'getting away with murder'
139 Answers
- Anonymous1 decade agoFavorite Answer
The Canadian government should stop wasting tax money to take care of these people who commit such horrific crimes.
Rather than trying to rehabilitate and integrate them back into society, I think a better solution would be to ship them off to Afghanistan and use them in suicide missions against the Taliban.
- 1 decade ago
If Vincent Li is not criminally responsible, then WHO is? This verdict sends a loud, clear message...if you wish to get away with murder, then just say that voices told you to do this and you are away with a clean record and on the road in a short time thereafter. Perhaps Vincent Li was not in a sound mental state when the murder took place and indeed required to be in a mental facility, however he should have a criminal record for committing murder and if at sometime in the future he is declared fit to be released into some community, then at that same time he sould be tried for murder OR remain in a Mental Hospital in order to protect the public from his possible future actions. If this guy is released, and not tried for the murder he commited then who will be responsible if he commits the same crime again? The Justice System needs immediate attention and send the message: Do the Crime, Do the time. At what point in time did Life in Prison become 5 to 10 years? I always thought it meant Life in Prison. Why has this changed and why is a premetedated murder charge not ensuring that the person in question RECEIVES life in prison.
- Anonymous1 decade ago
I fully understand Tim McLean's family's hurt. I also understand their need for closure--through trial. Coming from a different perspective, I am mentally ill and know what those voices are like. It's terrifying. And once you get to a point, or you don't even know you are mentally ill, you do not know they're hallucinations. With treatment, Li could get better, and chances are, he'll not feel good about what he's done. It will still be something he will live with forever. If he's released and doesn't comply with his treatment, no more chances should be granted.
Mental illness isn't an excuse. It's a reason.
Tim's family no doubt feels it's not enough. Unfortunately, whether Li went to prison or a psychiatric hospital, Tim won't come back. What happened is a tragedy however you look at things.
My heart and prayers go to the McLeans. I wish them strength and comfort through this horrible time.
- 1 decade ago
Having been involved in the legal profession since the 1970s as well as some personal knowledge of mental health problems, I can sort of see both sides of this Issue. However, I don't feel it is right that when someone is determined to be "not criminally responsible" that there should be absolutely no record of the crime they committed! They may not be "criminally" responsible, but they are still responsible to various degrees regardless of their mental state at the time of the crime they committed. I believe it would make more sense for those "not criminally responsible" to not be sent to jail, but to a psychiatric facility for at least the same duration as a jail sentence would have been, plus that it is on record they committed the crime. If they should ever be released from the facility, then they could have the opportunity to appeal to the courts to have this crime "commuted" to time served and/or erased from their record depending on the nature of the crime, perhaps with a Victim (of the crime and/or their family) Statement on record as well. In this case, I would have to say that Mr. Li should never be released from any facility, that there be a record of this heinous crime he committed and a Victim Statement from Tim McLean's family be included in Mr. Li's record. At the time of any review for the person incarcerated, the file, psychiatric/prison records, and Victim Statement could be read and decisions made from those as to whether they be released or not.
This would possibly help deter those that use "not criminally responsible" as a way to get out of sentencing for a crime they committed; would help the person get the mental health help they definitely need; and give the victims some kind of feeling of control and/or closure of the crime and future of the perpetrator.
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- 1 decade ago
I hear many different opinions for and against the judges decision. What the majority of the public do not realise is that there is a Spiritual War going on all around us every day.
Look at what happened in 9/11 , it was a war of good and evil. Yes there is evil all around us and we all have a choice. Ether choose Good and try to be a kind , considerate , upstanding person.
Or like some people that choose to follow evil and do hideous crimes like this man did on the bus.
We all have a choice , the sad thing is that once a person chooses evil it takes over them and makes them a prisoner inside their own body.
I hope that any one reading this will see that choosing evil is the wrong choice and that they will end up the loser like this man.
He now has to face the crimes he has committed and will most likely never see the outside world again while in a mental institution or jail.
I pray for the family of the young man that was killed and I pray that GOD will help them in these terrible time in their lives right now.
Now to answer the question, did the judge make the right decision , I can not say Yes or No , BUT the most important fact is:
This man must be kept locked up away from the public weather in jail or a mental institution ether way he needs to be kept away from the public for the rest of his life.
- 1 decade ago
There are many people who suffer from mental illness in Canada. The majority of people with mental illness don't carry around large hunting knives and do what Li did! When it comes to murder I think it is a term that is abused to excuse things that most of us would never do. Quite simply having a mental illness should not give one a license to kill. Anyone who takes a life no matter their mental state has committed a crime and should be held responsible. Should Li get treatment, sure! Anyone who takes a life should! But due to the ghoulish nature of his crime, and based on the interviews with his co-workers saying he was a nice quiet guy and always did a good job... but then the next day got on the bus and caused the horror he did. Who's to say in a few years after "treatment" in a lock down facility his quiet nice guy behaviour convinces his doctors that he's well enough to be released... then turns around and gets on another bus or a train or a plane and takes another life. I wouldn't and don't want him on the street with me, or around anyone I care about. Also his doctors, or the people treating Li need to have a long talk with the survivors who were on the bus and witnessed what Li did so they can be really aware of Li's other side.
- 1 decade ago
Our system has once again failed us . my heart and my condolences go out to the victim's family, for they have been robbed by our judicial sytem . from a disconnected judge and a self serving defence team composed of lawyers and doctors trying to make a name for
themselves . It is very clear to see a victim a crime and a murderer, and I do not have the degrees nor the experience that these professionals have . So why can't they see what most Canadians see or feel the pain of the victim or his parents. have they become distanced and hardened through their job or have they just forgot about right and wrong and justice for all .
So less than a year ago a crime was committed, a criminal was caught but just last week this crime was compounded by not finding this man criminally responsible . The obvious couldn't be anymore obvious.
- Anonymous7 years ago
Perhaps Vincent Li was not in a sound mental state when the murder took place and indeed required to be in a mental facility, however he should have a criminal record for committing murder and if at sometime in the future he is declared fit to be released into some community, then at that same time he sould be tried for murder OR remain in a Mental Hospital in order to protect the public from his possible future actions. If this guy is released, and not tried for the murder he commited then who will be responsible if he commits the same crime again? The Justice System needs immediate attention and send the message: Do the Crime, Do the time. At what point in time did Life in Prison become 5 to 10 years? I always thought it meant Life in Prison. Why has this changed and why is a pre
- Thamain PLv 71 decade ago
How could you possibly punish someone who is mentally ill? It is not miscarriage of justice. It is the same criminal Justice System all over the world. All of the experts' opinions have indicated that when Vincent Li committed the crime he was mentally insane & didn't know what he did to Tim Mclean. A legally insane person can't be held accountable for his or her actions & this applies to all of the Criminal Codes all over the world.
Do you simply think that it is fair to lockup someone who needs treatment in the first place? The question is why Vincent Li was out in public to commit such a brutal crime? The answer is , the Health system has failed to protect him.
I have all the sympathy for Tim Mclean's family but at the same time I truly believe that Vincent li should be institutionalized to get the help he needs.
- dshenoeLv 61 decade ago
The family isn't going to feel any better about the death of Tim McLean regardless of what happened to him. I suspect if Mr. Li was found criminally responsible, they'd be upset we don't have a death penalty for brutal crimes like that one. In this case, the problem isn't the justice system, but the reasons why someone like Vincent Li had to get to the point where he did what he did. There is a problem with our mental health system. Hopefully, Vincent Li will not be released too early due to the stress on the system. Li and McLean and their respective families are victims to mental illness.
- 1 decade ago
Make an example out of him, and give LcLeans family some justice, if it was politians son you know this would not be happening. A criminal is a crimial, if a drunk driver kills a person, does it matter if they are an alcholic? It shouldn't, its time people where held responsible for their actions. No matter what the reason.
No The person is dead, end of story.
If you have a problem take care of it before it becomes someone elses, and if you dont then you should be held responsible.
Canada's judical system is a joke.
Time to fix things. At least send him back to his home land where he came from, instead of us tax payers paying to house him, reform, him etc. rehabilitation doesn't work if you dont continue the care, and that was the problem in the first place.