Does Lady Justice Need a Sword?

Review of Benjamin Perrin, Indictment: the Criminal justice System on Trial. Toronto: AEVO UTP, 2023.

By Noel Semple[1]

         Lady Justice can often be found, in statute form, in or near courthouses.  This symbol of the Western justice system is blindfolded to show neutrality.  She carries a scale, to weigh facts and arguments fairly. Sometimes she also holds an olive leaf, to symbolize mercy and healing.   A sword is the other accessory that Lady Justice invariably carries. The sword is a ubiquitous part of this symbol because most people believe that justice in general, and criminal justice in particular, necessarily involves inflicting pain upon wrongdoers.

Benjamin Perrin’s provocative new book Indictment is a call to leave the sword of justice in its scabbard.  Perrin, a Professor at the University of British Columbia Faculty of Law, argues that Canada’s criminal justice system is “fundamentally flawed,” because its objectives cannot be met by the painful and coercive techniques that it uses.[2]  Perrin offers a new vision for criminal justice based on healing trauma, recentering victims, abolishing traditional prisons, and empowering indigenous Nations.

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