Crime and Punishment in the Latimer Case

Abstract:     
This article examines a number of legal and political issues arising from the conviction and punishment of Robert Latimer. Latimer's acquittal of first degree murder is examined in relation to jury nullification. In light of the Latimer case, the author also examines restrictions on the defences of necessity, provocation, and mental disorder, as well as the relevance of motive in the criminal law. Latimer's punishment is analyzed in the context of mandatory sentencing and the role of clemency granted by the executive. The author concludes that the Latimer case is an example not only of a new political case, pitting the rights of the accused against those of the victim and groups of potential victims, but also of the criminalization of politics, which in this case is the politics affecting people with disabilities.

Number of Pages in PDF File: 22

Accepted Paper Series