Hard Case Make Bad Law

Hard Case Make Bad Law
- The Robery Latimer case

Robert Latimer killed eight-year-old daughter, who needed totally care all her life, by piping exhaust fumes into his car where the child was trapped. The case closed after seven years with verdict that Robert Latimer must serve 10 years in prison.

I think life imprisonment without parole for 10 years was an appropriate sentence. According to the law, the act or practice of ending the life of an individual suffering from a terminal illness or an incurable condition is regarded as murder. Law is law, any one takes this action would be charged and punished according to the law. No one is exception. If this case were handled by means of a constitutional exception, it would have show that the disabled were regarded as second-class citizens.

Why this case took seven years to close? The reason is very clear that this case illustrate the difference between law and justice. Law is based on fact, which is the father killed his daughter. However, justice is based on opinions. Some people used their views on abortion to question the trail and juries, therefore they considered this case was a mercy killing. in 1997, Judge Ted Nobel gave Latimer constitutional exemption from mandatory sentence and imposed sentence of two years. This outcome based on Ted Nobel’s opinion provoked many of the opponents. Some testimony said that the girl was a cheerful child and liked to sit outside. They questioned the security of life for other cerebral palsy victims. Therefore; Latimer’s fate was changed again.

We can see from this long term case, the fact has had been there and not been changed; that is, the father killed his disabled daughter. But the outcome of the court has changed many times, because justice is based on people’s opinions and how people explain the law.

The article wrote in 2001 says that Latimer may wait two years to apply for pardon. As my opinion, unless the law is changed, his pardon would not be accepted.