Ms. Jamie Tanis Gladue: Analysis on the facts

Ms. Jamie Tanis Gladue Name Institution Date Ms. Jamie Tanis Gladue Introduction Ms. Jamie Tanis Gladue as the appellant, in this case, was pregnant with their second child and had every reason to believe that her husband had an affair with her younger sister. A dangerous argument transpired between the two spouses that resulted into insults from Beaver which attracted the attention of the neighbor. The neighbor believed that there was physical abuse taking place as a result of the loud argument. The moment that followed was scary since the neighbor saw Gladue chasing Beaver with a knife, Beaver collapsed under a pool of blood as Gladue danced with a knife in her right hand. She had stabbed Beaver right at his heart leading to instant death. The preliminary hearing, made the appellant enter a plea of guilty of manslaughter. Thesis statement; “There is need to conduct a thorough research on the legal system and character traits of different races including Aboriginals for the purposes of giving a sober judgement in the occurrence of any criminal activity.” Analysis on the facts In the first instance, the deceased had earlier been convicted for assaulting Gladue in her first pregnancy leading to intermittent sentence for 15 days. The presence of bruises on Ms. Gladue was not convincing enough to trial judges even though it was an indication of a physical assault. This is since they did not believe on Ms. Gladue’s character of being a respectful wife. However, the appellant was considered as the aggressor in this case, since she made the charge of stabbing her spouse twice on the chest (Stack, 1999). Medical examination revealed that Ms. Gladue had a condition referred to as hyperthyroid that triggered the production of exaggerated emotional reaction towards any situation. Ms. Gladue was sent on bail for seventeen months awaiting her trial during which she was subject to counseling on use of drugs. She was found remorseful with no initial intention to murder her husband. The woman had an Aboriginal background and lived within an urban setting (Stack, 1999). Sentence on Ms. Gladue The lady Ms. Gladue received a sentence of three years imprisonment with an additional ten years prohibition on the use of firearm. Such a sentence was considered appropriate for such a crime on manslaughter. The sentence was based on mitigating factors that include her tender age, counseling on drug abuse, her spouse’s insulting behavior, her medical condition, pleading guilty as well as a genuine apology to her deceased husband’s family. On the basis of aggravating factors, the judgement considered the fact that she actually stabbed Beaver twice on the left chest, with the intention to seriously cause harm, and she was not afraid of committing a crime. In this case, the judgement on specific deterrence proved unnecessary, however, it was important to reflect in the judgement the principle that supports denunciation as well as general deterrence. There was also a proposal on the need to send the accused to a rehabilitation center (Stack, 1999). The accused managed to appeal on the ground that the trial judge over-emphasized the principles of general deterrence as well as a denunciation. Instead, the trial judge failed to recognize her efforts on rehabilitation within the seventeen months period awaiting trial. There was also an element of failure in identifying and considering the extent of abuse Beaver subjected Ms. Gladue. The trial judgement also did not consider her heritage linked with an Aboriginal background as per section 718.2(e) of the criminal code. The judgement also failed to consider the aspect of “battered woman syndrome” as a defense following the enunciation by the Supreme Court of Canada in “R. Vs. Lavallee.” However, the Supreme Court of Canada considered only one case relevant out of the many reasons to appeal. This was the instance where the trial judge failed to consider the accused situation from the Aboriginal offender perspective. Other reasons for appeal were all acknowledged by the Judgement, but somehow considered unimportant by the Court. The Case Interpretation by the Supreme Court This case provided the Supreme Court with the first opportunity to apply the law provisions of section 718.2(e) of the criminal code. In this case, the application of the provision was considered on a broader perspective. The section provided a remedial duty that could be enforced in such cases. This led to alteration on the method of analysis used by the sentencing judges in the determination of sentences. In this case, the judgement explains the fact that the reference given to aboriginal offenders as per section 718.2(e) especially in the application of imprisonment provides for uniqueness in dealing with those of aboriginal background, which considers imprisonment as a lesser sanction on their cases. However, judges received direction on sentencing Aboriginal offenders on an individual basis and also be considerate of the various uniqueness in background factors. This created an avenue that gives judges the authority of exploring acceptable sanctions from the community when dealing with Aboriginal offenders. This works better as an alternative to imprisonment. The legislative arm of the government also included their interpretations on the same where the conclusion was that every finding deserves recognition of the magnitude as well as gravity resulting from the problem alongside solutions (Stack, 1999). Political Implications from the case The case of Gladue presents one of the misused chances for the Supreme Court of Canada in dealing with the problem of over-incarceration of people of the Aboriginal descendants, based on racial segregation as well as gender. The ruling on this case also led to the turning of the lower court’s narrow interpretations of the section, which could easily shorten its potential. The entire judgement made limits on the application of section 718.2 (e) where the case narrows down to non-violent as well as minor offenders. However, the Supreme Court in its ruling excluded Ms. Gladue as one of the beneficiaries of the interpretation. Ignorance of the spousal abuse According to the Supreme Court judgement, the problem of over-incarceration of Aboriginal people is often worse in the case of ladies as compared to men. However, the directions from such cases excluded the unique qualities and needs of the Aboriginal women. This aspect led to the setting of a platform whereby domestic violence against Aboriginal women was not a consideration. Such an aspect led to serious implications in the result of this case alongside the interpretation of section 718.2 (e). In the event that the Supreme Court considered the extent of abuse from Beaver towards Ms. Gladue there could have been the possibility of attributing her aggression to “a response of anger from a battered woman syndrome.” This could have given the chance for the Court to question the position of domestic violence as part of Gladue’s case as an Aboriginal offender and reconsidered s. 718.2(e) of the Criminal Code. The point where abuse from one’s spouse was excluded from the case made the Supreme Court consider Gladue’s case from the gender-neutral perspective. In such a case, there was the possibility of isolating from the real context, therefore, considering the trial Judge’s final decision (Stack, 1999). The conclusion of the matter as per the trial judge was that Gladue was not afraid of the husband, therefore, considered as the aggressor. Such consideration made it easier the aspect of describing the offense as near murder. This made the Court to de-contextualize violence into several parts that reflect the traditional sentencing jurisprudence that promotes denunciation and rehabilitation, general deterrence as well as separation. The other gap that emanated from the Supreme Court judg...