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Re:Does China’s digital police state have echoes in the West? by sandworm101 on Wednesday June 06, 2018 @12:06PM (#17248262)
The rule in Canada is that the evidence is admitted unless its admission will "bring the administration of justice into disrepute". So where the cops act like total jerks and break into someone's house for no good reason, the court can throw out the evidence. But the court isn't going to let a drug dealer go free because the cops didn't get a warrant before searching the trunk of his car.

The perception of rights goes both ways. Canadians sometimes laugh at the US legal system. Canadians see crimes like felony-murder or misdemeanor-manslaughter as ridiculous. So too with the American tradition of supernatural punishment (ie "life plus twenty"). And the duel-sovereign thing, the risk of being tried in state and then again federal court, is very strange outside the US.

The biggest cultural difference has to be the levels of incarceration. As the US increased punishment in recent years, Canada did the opposite. Have a look at their military prison. It is more often than not empty. https://globalnews.ca/news/4097208/military-prison-edmonton-...

Re:Does China’s digital police state have echoes in the West? by cgriswald on Wednesday June 06, 2018 @12:17PM (#17248367)
> So too with the American tradition of supernatural punishment (ie "life plus twenty").

This isn't "supernatural punishment". It's sentencing for more than one crime. Life, probably for murder, plus 20 for (say) armed robbery. It's not meaningless to tack on those 20 years. If the murder conviction is overturned, so is the life sentence, but not those 20 years, unless those convictions are also overturned.

Re:Does China’s digital police state have echoes in the West? by sandworm101 on Wednesday June 06, 2018 @02:45PM (#17249878)
Super = above. Natural = life. US criminals are regularly sentenced to things beyond any concept of their natural lives. There is no legitimate purpose behind these. If a charge is later dropped or overturned, in a normal country, the person is re-sentenced accordingly. Stacking life upon life, decade upon decade, is just scoring points. In countries like Canada or the UK these would be deemed indeterminate sentences meant to put people away for life for crimes that would not normally warrant such treatment.

Some of these (10,000+ years) read like something from a harry potter novel, not a realworld justice system.

https://en.wikipedia.org/wiki/List_of_longest_prison_sentenc...

Re:Does China’s digital police state have echoes in the West? by cgriswald on Wednesday June 06, 2018 @04:56PM (#17251050)
You're conflating so many things it is difficult to know how to respond.

Life + 20 is a completely different class of sentencing than the ones in the Wikipedia list. I don't see a large distinction between re-sentencing or not. The end result should still be 20 years, no? "Life without parole + $X years" is functionally equivalent to a "whole life order" in the UK.

The extremes in the list are of two classes:

1. Mass murderers, serial murders, or others who have gone on large crime sprees. These generally carry life sentences without parole. So, they cannot be indeterminate no matter how many years are tacked on, unless they have a successful appeal of all convictions that result in life sentences.

2. The indeterminate sentences you're talking about. Generally speaking, these are pretty egregious, violent crimes with many victims or the same victim over a long period of time. In many cases, the convicted could have received a life sentence, or one would have been mandated depending on the crime and the state.

But this isn't common by any stretch, except on TV crime dramas. A problem is the giving of life sentences to nonviolent offenders (e.g. California's three strikes law). Also problematic is the stacking of charges to compel plea bargain, which is exacerbated by cumulative sentencing. But "Life + 20" is just, effectively, a life sentence with a different label.