Sunday 2 December 2012

The Law of Unintended Consequences

Years ago I made up a term called The Law of Unintended Consequences.  In essence it means that there are consequences to every decision you make.

Let's say that you decide to use the scenic route to drive work, the consequence is that it will take longer to get where you are going.  The unintended consequence is that you will be late for work or you have to get up earlier in the day (thus losing sleep).  Your intention was not to be late for work or to lose sleep... those were unintended consequences.


A week or so ago, Toronto Mayor Rob Ford was found guilty in a conflict of interest case.  The judge slapped him with the loss of his job.  True, the case did not involve huge sums of money or influence pedaling, i.e. Montreal area mayors, but he was guilty none-the-less.

Well his friends on the right side of the political spectrum went ballistic.  There was gnashing of teeth and foaming mouths and cries of left-wing political motivation on behalf of the judge.  "The punishment does not fit the crime," they screamed from their corporate board rooms.  The right wing press joined in the frey and kept the issue alive even past the time that Ford decided to be contrite in accepting his punishment (all the while saying he was innocent).

While I agree that the punishment was severe considering that Ford did not make money or break any criminal law, I have to agree that the judge was right.  After all there was no allowance in the law for discretion on behalf of the judge.  The penalty was prescribed in the law. This is an example of Mandatory Minimum Sentencing (MMS). 

Does that term ring a bell?  It should, because the same rabble that decry the penalty handed out to Ford, support the Fed-Con government's push for mandatory minimum sentences for a whole array of petty, and not-so-petty, crimes.  Non-supporters of MMS say that it abrogates judicial discretion.  Tough noogies, say the Feds.

If the right sees MMS as democratic then they have no basis to attack the penalty that was handed out to Ford... because that was MMS also.

Unintended Consequences.  You cannot have it both ways, my friends.

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