Aboriginal women account for 24.9% of the general population and 32.5% of the incarcerated female population (Amey Bell, Shelly Trevethan & Nicole Allegri, 2004). Aboriginal female offenders are also responsible for violent crimes (Bell et al., 2004). Aboriginal female offenders have an adverse childhood; the childhood for Aboriginal women are centred around family violence, instability and substance abuse (Colleen Dell & Jennifer Kitty, 2012). The Canadian government is attempting to solve the over representation by implementing bills such as 718.2(e) (Gillian Balflour, 2012). This becomes a challenge to the correctional system since Aboriginal female inmates account for a great number of the prison population despite the bill 718.2(e). …show more content…
Aboriginal female inmates are not treated fairly since there is stigmatization attached to them, this becomes a challenge to the offender since they may not receive equal treatment (Debra Parkes & Kim Pate, 2008). Aboriginal female inmates are also seen as deserving for victimization since they are dependent on drugs (Dell & Kilty, 2012). The marginalization Aboriginal women face can also determine their reintegration and quality of program. This also becomes a challenge to correctional personnel since there is a prominent culture barrier between the inmate and staff. The correctional staff may also have their preconceived judgment towards Aboriginal women. Moreover, it is vital for the staff to understand and acknowledge the past of the Aboriginal women (Dell & Kilty, 2012). This creates challenge in corrections since Indigenous women have disparities with the rest of the prison population; with their unique circumstances, they should have programs tailored towards their reintegration (Dell & Kilty, …show more content…
Cross-gender staffing can raise many concerns for the female inmate and the correctional staff. Female inmates have dynamic interactions with the correctional officers, this can result in the offenders having a close relationship with their superiors; however, the lines can become blurred (Griffiths & Murdoch, 2014). A pivotal point in female corrections was the implementation of the Arbour Report (Griffiths & Murdoch, 2014). This report recommended that an all male emergency response team should not be the first response, also, male correctional staff cannot be present while a strip search in being conducted (Griffiths & Murdoch, 2014). This report shaped corrections and it makes the female offenders accounted for since their rights were infringed. Cross-gender staffing can bring up previous victimization the female offenders endured (Zinger, 2006). Many female inmates have a troubled past with males, and correctional officers’ may make prison a difficult (Zinger, 2006). There are also instances of sexual assault in regards to cross-staffing (Parkes & Pate, 2006). Many female offenders are assaulted by their superiors, however, they fail to report is since they are afraid (Parkes & Pate, 2006). This becomes a major challenge to female offenders since it can cause further victimization, making it difficult for them to rehabilitate. In turn, this complicates the offender’s ability
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. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
The correctional subculture is not described as extensively as the police subculture; however, many elements of misconduct and criminal activities are similar (Pollock, 2014). The parallelism of corruption between the police and correctional officer are as follows: (1) use of force; (2) acceptance of gratuities from inmates; (3) mistreatment/sexual coercion of inmates; and (4) abuse of authority for personal gains (Pollock, 2014). According to Pardue et al. (2011), there are two types of sexual coercion found within the prison subculture and they are as follows: (1) coercion between convicts; and (2) coercion between convicts and staff members (p. 289). The Department of Corrections is aware of staff sexual abuse and harassment of women prisoners, and they have been playing “catch up” to accommodate the challenges of this persisting problem (Clear et al., 2013, p.
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
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.
Despite the decreasing inequalities between men and women in both private and public spheres, aboriginal women continue to be oppressed and discriminated against in both. Aboriginal people in Canada are the indigenous group of people that were residing in Canada prior to the European colonization. The term First Nations, Indian and indigenous are used interchangeably when referring to aboriginal people. Prior to the colonization, aboriginal communities used to be matrilineal and the power between men and women were equally balanced. When the European came in contact with the aboriginal, there came a shift in gender role and power control leading towards discrimination against the women. As a consequence of the colonization, the aboriginal women are a dominant group that are constantly subordinated and ignored by the government system of Canada. Thus today, aboriginal women experiences double jeopardy as they belong to more than one disadvantaged group i.e. being women and belonging to aboriginal group. In contemporary world, there are not much of a difference between Aboriginal people and the other minority groups as they face the similar challenges such as gender discrimination, victimization, and experiences injustice towards them. Although aboriginal people are not considered as visible minorities, this population continues to struggle for their existence like any other visible minorities group. Although both aboriginal men and women are being discriminated in our society, the women tends to experience more discrimination in public and private sphere and are constantly the targeted for violence, abuse and are victimized. In addition, many of the problems and violence faced by aborigin...
...een family problems, address the lack of appropriate education initiatives, progress the development of adequate employment opportunities, and alleviate problematic self-conceptions of cultural identity are realistic endeavors, which support cooperative relationships across cultures. Fostering these circumstances through engagement that warrants features of social bonding to be achieved by providing support in a way that does not minimize the experience of Aboriginal oppression will facilitate positive social change. This results in the possibility of ameliorating the complex injustices experienced by Aboriginal peoples today that are entrenched in the conditions of the past. Ultimately, these positive advancements will enable the adoption of pro-social values and solidify an environment that subsequently inhibits Aboriginal youth from resorting to gang involvement.
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
However, this disparity is more of a perception, as the differences of how the actual crime was committed, mitigating factors, and the victims change the overall treatment of female sex offenders and male sex offenders through the criminal justice system. These perceptions cause a belief that female offenders are treated differently than male offenders. These perceptions are unfounded, as they do not include the factors that affect the outcome of proceedings. Because no two cases are similar, a conclusive answer to “fairness” may never be found. Works Cited Center for Sexual Offender Management.
For the course of weeks spent in social issues I have decided to choose my topic on Portraits of Girls in the Criminal Justice System. I believe it’s important to acknowledge that the variety of murders and crimes committed is not only done by men but woman as well commit these crimes. As generations have passed by it has been seen that gender roles have changed woman are now more involved with crimes.
Why do females commit crimes? Female’s percentages in jails and prisons have increase in the recent years. This has led to our society being concern of female crimes and how they affect us. This paper will discuss female inmates and some of the legal and social problems they face in the criminal justice system.
Traditionally, there has been little research on or interest in the impact of female crime in modern society. In addition, juvenile crime rates are on the rise, which combine for a void of research or information on female juvenile offenders. In general, crime rates for women offenders have risen since the 1990's. Increasing numbers of young women are also offending at higher rates. In a 1996 U.S. Department of Justice Report, the number of arrests of young women had doubled between 1989 and 1993. Twenty percent of all juvenile arrests were committed by girls, an increase of 87 percent. However, according to The National Study of Delinquency Prevention in Schools, males are far more likely to admit to criminal involvement than are females. For example, 12 percent of males and 4 percent of females reported carrying a hidden weapon other than a pocketknife in the past year (Wilson, p.150). There are several theories for this rise in crime proposed by modern feminists, including that the introduction of women into traditional male roles prompted women to commit increasingly dangerous and violent crimes. However, this paper will rely on Meda Chesney-Lind's theories from The Female Offender.
The main issue of this proposal that must be taken in consideration is that many critics argue that men become ignored by feminism and that the argument for non-custodial sentences is feminist exceptionalism at work (Reed, 2013). Many argue that attempting to keep only women out of prison could be seen as sexist towards men and not about equality. However, it is important that equality is understood as not about treating everyone the same, but about treating everyone in such a way that the outcome for both men and women can be the same (Corston, 2007). Consequently, catering to everyone’s individual needs and preventing them from a life of
Furthermore, both indigenous children and women are over-represented in the criminal justice system. In the United States, Native Hawaiians comprise 24 percent of the general population of Hawai‘i, whereas 27 percent of all arrests (Nielsen & Robyn, 2003). The researchers also mentioned that native American women are most likely to be over-represented. These