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Took 5 days for jury to deliberate.
Verdicts read on February 28, 2006.
Kevin was found guilty of first-degree murder in the death of Johnathon and guilty of attempted murder in the attack against Ralston.
Tim was found guilty of manslaughter in the death of Johnathon.
Pierre was found not guilty in the death of Johnathon, and not guilty of the charge of attempted murder of Ralston.
Both Kevin and Tim were charged as adults, thereby lifting the publication ban that limited the press' ability to mention their names.
Pierre's real name is still protected by the YCJA.
(National Post, 2006)
Youth Criminal Justice Act, S.C. 2002. c. 1.
Reporter Joseph Brean uncovered Ashley's blog.
This blog was the reason that the trial was declared a mistrial because it brought into question the truth of Ashley's testimony and the motives the boys (Tim and Pierre) might have had in making the phone call to her in the first place.
Significant because the phone call implied motive and pre-planning. However, if it could be proven that Ashley would have been impressed by the story that the boys were going to kill Kevin's family, the phone call and what happened later that day could potentially be taken as a horrible coincidence.
Judge David Watt only had this to say about Ashley's actions:"If this young woman did not commit perjury, she came close enough for government work to it" (Langton, 2008, pg. 134)
People's relationships (with family, friends, etc), commitments, values, norms, and beliefs keep them from breaking the law.
If individuals are involved in the community, have something to lose, they will follow the rules in order to keep what they have.
Weak social bonds with parents, school, other institutions leads to weak transmission of values, weak social constraint against delinquency.
People are controlled by assinging values, costs, and consequences and defining certain actions as evil, immoral, and/or illegal.
Hirschi said that the bonds come in four different, but related forms: Attachment, commitment, involvement, and belief. The first three are obvious, but belief in regards to this theory refers to the degree to which one adheres to the values associated withbehaviours that conform to the law and the belief that the society can meet their needs (Key Idea: Hirschi's Social Bond/Social Control Theory)
Theorists: David Matza and Gresham Sykes
This theory focuses on how people get into criminal activity rather than why. It says that criminal behaviour is learned. Skills are taught by peers, and it is through these peers that individuals learn and begin to think about criminal activity for themselves.
(Hamlin, 2006).
The Neutralization Theory states that those who commit crime do so because of the reduced constraints on their behaviour. They rationalize the deviance from conventional values and their subsequent criminal activity.
O'Connor manages to simply explain the five techniques of neutralization as follows:
1. Denial of responsibility -- It's not my fault; I didn't have a choice
2. Denial of injury -- It's no big deal; They have too much money; I didn't hurt them.
3. Denial of victim -- They had it coming; They had a bad attitude; They deserve it.
4. Condemnation of the condemners -- Everybody does it; Why me?; You're a hypocrite for condemning me
5. Appeal to higher loyalties -- Only cowards back down; protecting a group or family.
(2006, para. 17).
A patient (over 18 years old) can be diagnosed with APD if they at least three of the following seven symptoms:
1. Failure to conform to social norms with respect to lawful behaviours as indicated by repeatedly performing acts that are grounds for arrest.
2. Deceitfulness, as indicated by repeated lying, use of aliases, or conning others for personal profit or pleasure.
3. Impulsivity or failure to plan ahead.
4. Irritability and aggressiveness, as indicated by repeated physical fights or assaults.
5. Reckless disregard for safety of self or others.
6. Consistent irresponsibility, as indicated by repeated failure to sustain steady work or honor financial obligations.
7. Lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another
(Langton, 2008, pg. 80).
APD patients also usually share three childhood traits: wetting the bed, setting fires, and exhibiting cruelty to animals.
They are described as people "without conscience, empathy and remorse" (Langton, 2008, pg. 145).
A psychopath is someone who doesn't understand what's going on emotionally, but understands that something important has happened. Psychopaths have the ability to hide their differences and to mimic people's emotions.
Psychopaths lure people in with a veil of normalcy, even exceptionality.
According to Kiehl and Hoffman (2011) "The symptoms of psychopathy include shallow affect, lack of empathy, guilt and remorse, irresponsibility, and impulsivity. The best current estimate is that just less than 1% of all noninstitutionalized males age 18 and over are psychopaths" (pg. 3).
Used as a defense by trial witness, Dr. Dominique Bourget of the Royal Ottawa Hospital.
Said Kevin told her that he had almost no contact with his biological father, that Ralston physically and emotionally abused him, was resentful of his mother because of her inability or lack of desire to protect him from Ralston. Also said that he wasn't successful in school, sports, or anything really other than video games, but, Bourget said that he had a feeling of grandiosity, that he demonstrated hostility, attitudes of bitterness, social alienation and distrust of others, that he felt his life was going nowehere and that he frequently minimized reporting of his own mental condition (Langton, 2008, pg. 116).
His bouts of depression, anger, and violence (followed by an adrenalin rush) led to anything being in his way--objects or people--becoming a target. This she diagnosed as Intermittent Explosive Disorder, but clarified that it was only a temporary diagnosis.
Literature states that those with Intermittent Explosive Disorder have a
“persistent reaction to frustration with irritability, temper tantrums, and destructive behavior” and were “generally excitable, aggressive, and overresponsive to environmental pressures” with “gross outbursts of rage or of verbal or physical aggressiveness different from their usual behavior” (Coccaro, 2012 pg. 577)
In his book Langton talks about the research he did on the differences between psychopaths and sociopaths. Sociopaths usually make it clear that they have APD; they don't try to hide it:
They are not interested in others' opinions.
They often sport obvious outward signs of rebellion such as piercings, tattoos or unusual mode of dress.
Sociopaths make their illnesses obvious and scare away the people they most want to be in contact with (Langton, 2008).
Many researchers believe, however that there is little difference between psychopaths and sociopaths.
Developed by Marcus Felson and Lawrence E. Cohen.
Says that in order for crime to be committed, three motivational factors are needed:
1) Motivated offender
2) A Suitable Victim
3) Lack of a Capable Guardian
Essentially: "Crime is likely to occur when a motivated offender and suitable victim come together in an environment that does not provide protection to the potential victim" (O'Grady, 2011, pg. 130).