This assignment was written January 31, 2007 for my UFV Crim 212 (Women, Crime and Criminal Justice) course, taught by Sherry Mumford.
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CRIME
Charged and convicted of second degree murder.
CIRCUMSTANCES
In 1997 Kelly Ellard, then 15, beat and drowned 14 year old Reena Virk during a swarming.
THEORY / CAUSATION
The theory, I believe, that could be applicable to this criminal act is Dodge et al’s Reactive aggression theory. Reactive aggression includes anger expressions, temper tantrums, vengeful hostility, and, more generally, “hot-blooded” aggressive acts (Bartol et al; p. 256; 2005).
MEDIA'S IMAGE
The news media made Ellard into a monster.
OUTCOME
There were a total of three trials. In the first trial Ellard was found guilty, however an appeal overturned that conviction. Crown pursued a second trial which ended in a mis-trial. While out on bail awaiting for her second trial, Ellard assaulted a 58 year old woman. On the third trial Ellard, 22, was again found guilty and was sentenced to a life term with no chance of parole for seven years. However, as Ellard had already served.
WRITER'S OPINION
Canada’s version of a life sentence is a slap in the face to truth in justice. In Canada, it is very rare that a person sentenced to life will actually get life.
Kelly Ellard will be eligible for parole in 2012. What then? Most likely she could be released. Ellard has already proven to us that she is a violent person. Even while on bail while awaiting for her second trial she had assaulted a 58 year old woman. It is also possible that, like Alan Craig MacDonald, Ellard could kill again upon her release. In the matter of Alan Craig MacDonald, if he either stayed in prison for life, rather then being released after serving only 12 years, or was excecuted, Lynda Shaw would still be alive today.
A better alternative to life in prison for a murder one, or murder two conviction is capital punishment.