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. The American criminal justice system was founded on the view of Europeans and is retributive ideology. “The retributive philosophy is hierarchical, adversarial, punitive, and guided by codified laws and written rules, and procedures” …show more content…
(Hand, Hankes & Shouse, 2012, p.450). With this ideological way of thinking, it designates criminals as evil and that they should be punished because the victim has suffered in one manner or another. Restorative justice is a key point of the American criminal justice system which sets out to right a wrong that was committed against a person. The focal point is on healing the victim and promoting their physical, emotional, mental well-being. Although the focus is on the victim, the focus is also placed upon the offender to apologize for their actions to seek forgiveness and make restitution. One key attribute within the American criminal justice system is the aspect of the separation of church and state so as to appear uncontaminated by politics and religion. The indigenous justice paradigm is based on a holistic philosophy.
“These systems are guided by the unwritten customary laws, traditions, and practices that are learned primarily by example and through the oral teachings of tribal elders” (Hands, et al., 2012, p.452). This paradigm can be viewed much like that of a circle in that pursuit of justice that connects everyone involved with a problem and everyone’s focus being on that of the problem. In order to restore peace and harmony amongst everyone, each member is involved in the process. Hands (2015) stated that the methods used are based on concepts of restorative and reparative justice and the principles of healing and living in harmony with all beings and with nature (p.452). The entire process consists of disclosing the problem, discuss a resolution, make amends and restore the …show more content…
relationship. The indigenous justice paradigm differs from the American justice paradigm in that the laws and justice are part of a whole, meaning that there is no separation of church and state. They building trusting relationships to promote resolution and healing. Whereas the American justice paradigm is argumentative in nature and tend to only focus on the action at hand rather than a comprehensive approach to problem solving. The indigenous justice paradigm is focused on the victim and communal rights versus individual rights. The indigenous justice paradigm is complimentary of the mainstream correctional initiative in that it seeks to right a wrong that was imposed on another.
Large amounts of correctional facilities do not exist on Indian land as they perceive this as not to serve a purpose for the betterment of everyone. Tribal courts can impose sanctions which can be, public shaming, financial restitution and community service. Punishment can also be referred to the “whipman”, who whips a person for misconduct (Hands, et. al., 2012, p.453). In the end, the indigenous justice paradigm has the same end-goal as the American justice system in that it wants to hold all members accountable for their actions. Each paradigm goes about it in a different
manner. References: Hand, C. A., Hankes, J., & House, T. (2012). Restorative justice: the indigenous justice system. Contemporary Justice Review, 15(4), 449-467. doi:10.1080/10282580.2012.734576 McNamara, R. H., & Burns, R. G. (2009). Multiculturalism in the criminal justice system. New York, NY: McGraw¬Hill.
Inventing the Savage was an interesting look in how Native Americans are expected to assimilate into culture, and because they have no desire to assimilate in “Euro-American” culture, they are treated harshly. Though this book was published in 1998 (15 years ago), there is most likely unfair treatment for Native Americans in both regular society and prisons. By writing this book, Ross gives a great perspective on how Native Americans are treated like “cultural prisoners” and how the “Euro-Americans” do not take kindly to the behaviors of the Native Americans. Overall, this book is highly recommendable to anyone who has an interest in learning about Native American criminality, as well as the treatment of women in prison, but more importantly the treatment of Native Americans in prison even today.
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,
Pollock, J. M. (2012). Crime and justice in America: An introduction to criminal justice (2nd ed.). Amsterdam: Elsevier.
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
The incident in which Colten Boushie was shot by Gerald Stanley is an example of an interaction of 2 different groups in society and their behaviour towards each other. In “[exposing] racial tensions”, that examines the racial discrimination which might have created a bias for members the jury to find the man of a similar social class or background not guilty. As a minority, Indigenous people are small in number compared to the rest of society and as a result are seen as a lower class on the social hierarchy. This case displays the idea that when minorities face sociological problems within the legal system or in general, society, they are less able to ensure the justice being served. A sociologist would be interested in studying the response to Boushie’s death and what general patterns of human behaviour arise from the Indigenous
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
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
... of sex crimes. Furthermore, granting tribes full authority to prosecute any crime may create injustice for accused non-native individuals as well as creating more complication between tribes (Gede, 2012).
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
Genocide, assimilation, and segregation-- these are all forms of cultural and ethnic cleansing that we as Canadians do not necessarily associate with what it means to be a Canadian, rather they are terms that we associate with occurrences in distant, dangerous and abysmal places (Fleras, 2012; p. 10). However, these terms are evidently applicable to the treatment of Aboriginals during the time of European colonization of Canada. Genocide is considered to “be the most serious of punishable crimes under international law…” (Fleras, 2010; p. 11); unfortunately, genocide has been inflicted upon Aboriginals in numerous forms as they suffered a loss of cultural identity through European-colonization. Assimilation has also affected Aboriginals as through the use of residential schools, Aboriginal children were taken from their families and forced to learn the dominant white way of life and abandon their culture (Fleras, 2010; p.13). Segregation of Aboriginals has also occurred, as reserves are restricted purely for individuals with Indian citizenship, hence keeping Aboriginals separate from the dominant culture (Fleras, 2010; p. 15). There is a lack of awareness on the horrendous and disgusting treatment of the original Canadian settlers, Aboriginals, which can be partially attributed to a narrative that has helped create the image of what it means to be a Canadian, a narrative that has provided the belief that white Europeans were the first to settle on Canadian land and has painted a picture of white settlers struggling to survive on their discovered Canadian land. This narrative has been termed the ‘frontier narrative’, and it truly has shaped Aboriginals lives in Canada. This paper will provide first and foremost a clear definition o...
Comparative Criminal Justice is an orderly strategy that looks at qualities and shortcomings of various ways to deal with criminal justice on a worldwide level. It is distinguished from comparative criminology, which concentrates on crime patterns in at least two societies and on testing, at the global level, philosophies about crime. It is considered comparative criminal justice systems research when two or more nations or lawful frameworks are compared and contrasted. When comparing these criminal justice systems we begin with the investigation of the four major legal traditions which include; common law, civil law, socialist law, and sacred law. The examination of criminal justice framework within a nation requires analysis
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.
Schmalleger, F. (2011). Criminal Justice Today an Introductory Text for the 21st Century (11th ed.). [Adobe Digital Editions version]. Retrieved from http://online.vitalsource.com/#/books/9781256762744/pages/50966501