Crime and Punishment in the Latimer Case

Saskatchewan Law Review, Vol. 63, No. 469, 2001

22 Pages Posted: 12 Aug 2008

See all articles by Kent Roach

Kent Roach

University of Toronto - Faculty of Law

Date Written: August 10, 2001

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.

Suggested Citation

Roach, Kent, Crime and Punishment in the Latimer Case (August 10, 2001). Saskatchewan Law Review, Vol. 63, No. 469, 2001. Available at SSRN: https://ssrn.com/abstract=1215196

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

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