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Assimilation policy impact on aboriginals
What brings about different subcultures within the prison system
The effectiveness of correctional rehabilitation for prisoners
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In my opinion, I do not believe the criminal justice system is intentionally discriminating against Aboriginal youth but I do believe they are over represented in the system and are at an extreme disadvantage in comparison to other ethnic groups. According to Lithopoulos & Ruddell (2016), "Aboriginal peoples have the highest involvement in offences, arrests, and incarceration rates of any ethnic group in Canada" (p. 186). I do feel overrepresentation of Aboriginal peoples in the CJS is a result of the governments attempts to assimilate them into European culture. Furthermore, Lithopoulos & Ruddell (2016) explain that "historic factors have contributed to poverty, unemployment, alcohol abuse, and domestic violence found in Aboriginal communities" …show more content…
There needs to be support systems for Aboriginal people, as urban Aboriginal residents often live in high rates of poverty, are unemployed, poor housing and little participation in education systems (Lithopoulos & Ruddell, 2016, p. 189). I feel that responses such as the First Nations Policing Program and the Aboriginal Justice Strategy are effective ways to involve Aboriginal people in the CJS and to have role models for aboriginal youth in the justice system. Unfortunately as shown by Lithopoulos & Ruddell (2016) there has been a failure by the federal government to make a long term finical commitment to the FNPP (p.194). Specifically for Aboriginal youth in the the CJS, I think there should be less incarceration since youth struggle to cope with prison and can be very effected by the inmate subculture (Bala & Carrington, 2016, p. 266). Youth are also susceptible to bullying within the prison system, according to Bala & Carrington (2016), "between 20 and 45 percent of prisoners in young offender institutions report they have been victimized during the course of their sentence" (p. 280). I think locking young offenders up is not a solution and that instead they should be participating in support/rehabilitation
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.
Toronto: Pearson Prentice Hall. The Justice System and Aboriginal People: Child Welfare. n.d. - n.d. - n.d. The Aboriginal Justice Implementation Commission. Retrieved December 12, 2013, from http://www.ajic.mb.ca/volumel/chapter14.html.
LaPrairie, C. (1995). Community justice or just communities? Aboriginal communities in search of justice. Canadian Journal of Criminology. 37 (4), 521-535.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
During the late sixteen century, when the first fleet arrived to Australia and discovered the free settlers or known as Australian Indigenous inheritors (The Aborigines), the community of aboriginal inhabitants since then have experienced vast levels of discrimination and racism against their gender, race, colour and ethnicity. The term over representations refers to the presents of minority or disproportionate ethnic aboriginal groups represented in the criminal justice system (CJS). This essay will further explain the relationship between aboriginal communities and policing discussed in Blagg (2008) and Cunneen (2007, the three major sources of concern in association to aboriginal over representation in CJS which include; systematic bias,
The first reason youth leave home is according to Klodawsky, Aubry and Farrell, “pervasiveness of family conflict and violence”. Most street youth, including aboriginals, have been victims of disruption in their family homes, violence and abuse. A considerable amount of them reported having to live in group homes, foster care, jail or i...
the Canadian justice system(Brizinski,1993,395) it has over and over again been stated that the present justice system has and is failing Aboriginal people. It is not suited for their cultural needs and does nothing to rehabilitate offenders but rather does the offender more harm then good. It does not address the underlying conditions causing criminal behavior or in assessing what specific needs must be addressed to rehabilitate.
The current criminal justice system is expensive to maintain. In North America the cost to house one prisoner is upwards of eighty to two hundred dollars a day (Morris, 2000). The bulk of this is devoted to paying guards and security (Morris, 2000). In contrast with this, community oriented programming as halfway houses cost less than the prison alternative. Community programming costs five to twenty five dollars a day, and halfway houses although more expensive than community programs still remain cheaper than prison (Morris, 2000). Tabibi (2015c) states that approximately ninety percent of those housed in prison are non-violent offenders. The treatment of offenders in the current system is understood to be unjust. By this, Morris (2000) explains that we consistently see an overrepresentation of indigenous and black people in the penal system. Corporate crimes are largely omitted, while street crimes are emphasized (Morris, 2000). This disproportionately targets marginalized populations (homeless, drug addicted and the poor) (Tabibi, 2015c). The current system is immoral in that the caging of people is highly depersonalized and troubling (Tabibi, 2015c). This is considered to be a barbaric practice of the past, however it is still frequently used in North America (Morris, 2000). Another moral consideration is with the labelling of youth as offenders in the criminal justice system (Morris, 2000). Morris (2000) argues that we should see youth crimes as a social failure, not as an individual level failure. Next, Morris (2000) classifies prisons as a failure. Recidivism rates are consistently higher for prisons than for other alternatives (Morris, 2000). The reason for this is that prisons breed crime. A school for crime is created when a person is removed from society and labeled; they become isolated, angry
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu...
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
The needs of Aboriginal youth are not being met in mainstream systems. Undoubtedly, with the high dropout rate of “7 out of 10 first nation youth drop out of school” (Donovan, 128), the school system is failing them. Across Canada only “23 percent of the Aboriginal population has their high school diploma” (Donovan, 129). Aboriginal people make up the youngest and fastest growing segment of our population, and yet many still have significantly less education than the general population.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.