R v Morris is a fascinating decision for many reasons.

This is a sentencing decision of Justice Nakatsuru from Sep 2018, which is now before the Court of Appeal.

It's about whether and how courts can consider anti-Black racism when sentencing Black people in Canada.

1/5

The decision really delves into anti-Black racism not just in the criminal legal system but also in society at large.

But it also includes an interesting observation about the role of punishment in addressing violence that is perhaps inadvertently subversive.

2/5

"The problems are complex. And the answers are not easy" Nakatsuru says.

He includes a list of possible solutions, like:

Getting at the roots
Investing in communities
Addressing socioeconomic inequalities
Treating addiction and mental illness
Hinting at legalizing drugs

3/5

What can courts do about violence, then?

"But the criminal justice system plays an important role. Not only to deter gun crime with fit sentences, but to make sure the criminal justice system commands the respect of the people who look to it for solutions."

That's it.

4/5

Nakatsuru recognizes, perhaps without meaning it, an extremely limited role for the carceral state:

To deter. And to legitimize itself.

Meanwhile, the jury is still out on whether deterrence actually works.

#prisonabolition

5/5