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Racial inequality in the criminal justice system history
Racial Discrimination in the Criminal Justice System
Racial and Ethnic Inequities Within the Justice System
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Canada is a nation known for its multicultural society. In such a diverse nation many would believe equality would exist. However it does not; and it is evident in the Criminal Justice System in Canada. The racial disparity in the Criminal Justice System is the result of bias treatment of certain individuals based on their race. The selective prosecution of visible minorities, immigrants and Aboriginals has been recognized as a racial inequality and corrupted the Criminal Justice System. The unequal treatment of immigrants and Aboriginals within the justice system has become evident through various forms. Canada`s colonial past has greatly influenced the judicial system and it seems obvious that race plays a factor in many of the facets of …show more content…
This paper will illustrate a brief summary of two chapters and give a critical analysis of the readings. In addition I would conclude the paper by briefly discussing my opinion on the readings. In the featured novel “Crimes of colour: racialization and the criminal justice system in Canada” the authors, Wendy Chan and Kiran Mirchandani illustrate their view points of Canada`s Criminal Justice System and how race and crime are connected. The first chapter, “From Race and Crime to Racialization and Criminalization,” addresses the connection that ‘race’ in Canadian Criminal Law is not really defined but rather it is viewed as a ‘trait’ possessed by individuals and groups (12). The authors want to argue the shift from “race” to racialization and “crime” to “criminalization”. They want to focus on the process of race and “highlight the historical influences of colonization and conquest in shaping the ideological frameworks developed around categories of race” (12). This concept of racialization allows one to understand racial meanings and other social forces like political, economic, religious factors. Also defines groups that were not previously defined as ‘races’ are now are able to consider the various
A Critical Analysis of Racism in Canadian Law and the “Unmapping” of the White Settler Society in “When Place Becomes Race” by Sherene H. Razack
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
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
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
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
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...
To begin with, the role of Critical Race Theory provides us with the idea of “racial realism”, the idea that racism, the normalcy of white supremacy is part of the everyday life of an ‘other’, in other words, racial or indigenous minorities in Canada (Slides on Critical Race Theory). The Critical Race Theory gives an understanding of the power that can be given to a definition such as ‘race’, and how
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system.
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
Barbara Perry (2011, p. 57), referring to Audrey Lorde’s conception of the “mythical norm” explains that it lies somewhere on the edge of consciousness, and may be defined as “white, thin, male, young, heterosexual, Christian and financially secure”. It is with this norm that the trappings of power reside within this society (p. 192). In analyzing Lorde’s concept, Perry, refers to this privileged group as continuing to set the behavioral standard, despite the claims of Canadian Law, which officially pledges justice and equity for all, Perry provides a critical examination of the Canadian system of justice from a historical perspective, ending with a present. Perry argues that, as a result of the bias favoring the privileged group identified
In this paper, I will be providing comments about chosen aspects, outlining and critically accessing the main themes and ideas of the article, voicing out my opinions on the article while presenting
In the context of our reading this week regarding cultural diversity within our criminal justice system, I found it very interesting in how the indigenous justice paradigm conflicts with the present day system. In many aspects, there are two dual justice systems in operation here: indigenous paradigm and the criminal justice system. We will examine the two systems differences, as well as, determine if there are any principles of the Native American paradigm that compliments the mainstream correctional initiative.
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.