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Criminalization is a term with many connections to smaller terms such as racialization, discrimination, marginalization, and oppression. This term is also connected to smaller terms as well as factors such as social location, age, race, sexuality, and religion. Overtime, this term has evolved into a concept encompassing many different social categories and inflated by many micro-aggressions controlled by normativity and the status quo. It is through a critical perspective and an anti-oppressive lens that I will discuss the evolution of racialization and criminalization in connection to minorities as well as its connection to the prison system and how it relates to crime and violence in Canadian society. Criminalization is a concept connected to racialization with roots in colonialism. Race as we know it has no biological bias with some scholars claiming the term did not exist in the ancient world. In the ancient world, status was defined by wealth and religion instead of physical characteristics. As time progressed, Europeans began colonizing and race became the rationalization for their conquests. From this, a new social structure emerged based on skin phenotype with African slaves and Aboriginals at the bottom and Europeans at the top. This furthered the notion of racial superiority and divided people based on race and assigned them to social categories based on phenotype. Author Chris Weedon describes Western racism as defining people from the east as exotic, sensual, irrational and sometimes violent, and people of African descent as lazy, less intelligent, hyper sexual, and physically strong (Weedon, 1999, p. 410). Thus the historical view of colonization was that primitive blacks must be saved and or changed in order to m... ... middle of paper ... ...s: Public Schools in the Making of Black Masculinity. Ann Arbor: University of Michigan Press, pp. 77-96. Human Rights Commission |. (n.d.). What is racial profiling?. Ontario Human Rights Commission |. Retrieved April 1, 2014, from http://www.ohrc.on.ca/en/paying- price-human-cost-racial-profiling/what-racial-profiling Rhoda, Y.J. (2000). Racial stereotyping of Asians and Asian Americans and Its effect on Criminal Justice: A Reflection on the Wayne Lo Case, 7 Asian AM. L.J. 1 Available at: http://scholarship.law.berkeley.edu/aalj/vol7/iss1/1 Weedon, C. 1999. Race, racism and the problem of whiteness. Chapter 7 of Feminism, theory and the politics of difference Wesley, M. (n.d.). Marginalized: The Aboriginal Women's experience in Federal Corrections. Retrieved March 4, 2014, from http://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/mrgnlzd/index-eng.aspx
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
Alexander (2010) suggests mass incarceration as a system of racialized social control that functions in the same way Jim Crow did. She describes how people that have been incarcer...
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander states that we still use our criminal justice system to “label people of color ‘criminals’ and then engage i...
The work by Victor M. Rios entitled Punished: Policing the Lives of Black and Latino Boys and Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness depict ways in which policing and incarceration affect inequalities that exist in society. In this body of work I will draw on specific examples from the works of Victor M. Rios and Michelle Alexander to fulfill the tasks of this project. Over the course of the semester and by means of supplemental readings, a few key points are highlighted: how race and gender inequalities correlate to policing and incarceration, how laws marginalize specific groups, and lastly how policing and incarceration perpetuate the very inequalities that exist within American society.
Tanovich, D. M. (2006). The colour of justice: Policing race in Canada. Toronto, Ontario: Irwin Law.
African-Americans are the predominant race in prisons in the United States of America (Rushton). Aboriginals are the predominant race in prisons in Canada (Wortley). The majority of both of these nations are whites. Does this show that minorities commit criminal offences more than the majority population? There have been different theories t...
Years after the United States civil rights movement, the removal of formal segregation laws, and implementation of anti-racist policies, the American criminal justice system still fails to display the same reform. As one of the largest superpowers and industrialized nations in the world, the United States has not attained a “post-racial status,” defined as being a society in which race, although it remains a concept, does not influence individuals. The failure of the United States to attain “post-racial status” is exemplified in the criminal justice system by overwhelming evidence of disproportionate levels of crime, arrests, and incarceration that primarily affect minority populations. Past and present patterns of American society dealing with crime and the people involved committing crime show extreme racial disparity in terms of individuals’ predisposed environments that increase ones likelihood of being involved in the criminal justice system, the system itself that processes individuals, the encouragement of mass incarceration by mainstream society, and the effects these processes have on society.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
Schmalleger, F. (2009). Criminal justice today: an introductory text for the 21st century (10th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.
The United States of America is by all rights a multi-racial, multi-ethnic society comprising mainly of Whites, African-Americans, Hispanics, Asian and Native Americans. This multi-racial society has seen with it the development and manifestation of racial disparity since its inception. Such notions are commonly based on beliefs that some races are more superior to others. Such notions have found root to the core of the American society, and to this end to the justice system which is by all means a social element. Under criminal law, this may be reflected in regards to legal factors as well as extralegal factors. Whereas the legal influences may contain aspects like the seriousness of the crime as well as the criminal records, extralegal notions are based on factors like gender, race, and class amongst others. These thus fail the test of criminal behavior as they are based mainly on the group membership an individual belongs to.