“Reforming and Resisting the Criminal Law” Article by Roach
Roach, K. (2017). Reforming and resisting the criminal law: Criminal justice and the tragically hip. Manitoba Law Journal, 40(3), 1-51.
The abstract of the article makes it clear that the author focuses on the study of Tragically Hip songs as a source of calls to reform the criminal justice system. Specifically, Roach (2017) explores two of the band’s songs that raise issues of wrongful conviction defense as well as judges’ inattention to sentencing exceptions. Thus, from the article, one can expect to learn in more detail not only about real examples and the situation related to these issues but also about ways to reform the criminal justice system.
The purpose of the article was to study the representation of the problems associated with the criminal law system and the sentencing practices in popular culture, in particular in music. Roach (2017) explains that such an approach may enable researchers to consider pluralistic opinions that may be opposed to existing normative laws. It may also suggest ways to overcome existing problems that may not be seen by members of the criminal justice system. The researcher focuses on two songs by the Tragically Hip that raises relevant questions. 38 Years Old tells the story of escape from prison made by 38-yers-old Mike, who killed his sister’s rapist at the age of 20. However, he was soon returned to the prison, which was known for cruelty and violence towards prisoners. Wheat Kings tells about the lengthy process of correcting David Milgaard’s false conviction of murdering a nurse. Thus, the article examines how popular culture represents the problems of the criminal justice system and what insights can be found in it to improve the situation.
The study was conducted on the basis of a literature review, as well as a historical retrospective on events related to the events described in the songs. In particular, genealogical analysis is used, which allows us to establish how the problems that exist at the moment arose from the conflicts and struggles of the past. Additionally, the researcher considers various legal reforms that could address the problems described in songs based on law literature.
The most significant findings of the study are primarily the identification of problems existing in the modern Canadian criminal justice system, as well as the formation of recommendations for potential reforms to address them. Roach (2017) found that both songs reveal issues related to the conditions of detention, the lack of consideration for exceptions in sentencing, as well as miscarriages of justice. These issues are also relevant in the US and other countries, but little attention is paid to them due to normative law restrictions (Wilson & Horn, 2018). Thus, the author draws significant parallels between the representation of the criminal justice system of imperfections with real events from a historical perspective.
Based on a study of law literature, the article concludes what reforms are needed to improve the situation. Roach (2017) concludes that two potential points for reform can be identified based on song analysis. First, it is necessary to introduce mandatory consideration of exceptions from sentencing for murder and other crimes. Second, a more efficient, simpler, and faster system for addressing wrongful convictions and judicial errors should be developed. These actions can help reform the criminal justice system to improve conditions of detention, as well as reduce the risk of false convictions and excessive punishment.
From the article, I learned what I expected when reading the abstract. The main point of most interest is the description of potential reforms. Roach (2017) not only identified the problems of the criminal justice system, explained their causes and current state within the historical context, but also proposed a number of solutions. These conclusions meet the objectives of the article indicated in the abstract and allow the reader to find out all the necessary information on the problem.
References
Roach, K. (2017). Reforming and resisting the criminal law: Criminal justice and the tragically hip. Manitoba Law Journal, 40(3), 1-51.
Wilson, X., & Horn, B. (2018). Medical examiner testifies Vaughn correctional officer could have been saved. Delaware Online. Web.