"The official version of law - what the legal world would have us believe about itself - is that it is an impartial neutral and objective system for resolving social conflict" (Naffine 1990, p. 24). The official version of law is blindly followed by today’s modern legal system. The legal system is supposed to act in a just manner that is committed to equality for all that it ensures that everyone is treated the same in the eye of law. It is inaccurate to believe that the official version of law is impartial, neutral and objective. The paper will be discussing the four arguments of how white-collar crime, wrongful conviction, gender and racial profiling indicates that the official version of law is flawed in the Canadian perspective.
White-Collar
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9). In general, it is an ambiguous and broad term that allows the flawed assumption of the official version of law to not be impartial, neutral and objective in white-collar crime. The most common activities in white-collar crime are done by an individual in a trusted position that commits crimes of embezzlement, industrial espionage and the bribing of government officials (Kempa, 2010). The common four types of white-collar crime in Canada is theft of assets, fraud in the procurement process, accounting fraud and cybercrime (g news). In Canada, there is a lack of structure to the complex market processes that it is not surprising the legal, regulatory and institution that has grown up with capitalism in the industrial revolution is as equally complicated (Kempa, …show more content…
The effectiveness is judged by its ability to investigate and detect crime to identify the offender to give the appropriate punishment. Its fairness is judged by the efforts to give the resources, such as effective legal representation at all points of the pre-trial and trial to ensure a balance between the offender and the state. A wrongful conviction undermines the legitimacy of the criminal justice system is when a “person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free” (Canada, 1992, p. 2). Causing the official version of law to be flawed by it not being impartial, neutral or objective, but biases exist within the all levels of systems in the police, the crown counsel, the judge and the
2 Companies are exposed to crimes either from the inside, or the outside. White-collar crime is a complication; harming companies in our society, which costs millions. An example of a white-collar crime would be the Ford Pinto case. When gas prices were rising in the United States, people started to search for economical cars.
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.
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries. Juries are a random, unbiased selection of people who will be asked to sit in a trial and decide a verdict of guilty or not guilty. The Canadian Charter of Rights and Freedoms guarantees that “a person accused of criminal activity ‘has the right
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
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.
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
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.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
white-collar crime” (Shapiro, S. P.). It is no surprise to anyone that positions of trust regularly decentralize to corporations, occupations, and “white-collar” individuals. Nevertheless, the concept of “white-collar crime” involves a false relationship between role-specific norms and the characteristics of those who typically occupy these roles. Most of the time, it is the offender that is looked at more than the crime itself and assumptions about the individuals automatically come into play. It has be to acknowledged that “ class or organizational position are consequential and play a more complex role in creating opportunities for wrongdoing and in shaping and frustrating the social control process than traditional stereotypes have allowed” (Shapiro, S. P.). The opportunities to partake in white-collar crime and violate the trust in which ones position carries are more dependent upon the individuals place in society, not just the work place. The ways in which white-collar criminals establish and exploit trust are an important factor in truly exploring and defining the concept of white-collar crime.
Today, worldwide, there are several thousands of crimes being committed. Some don’t necessarily require a lethal weapon but are associated with various types of sophisticated fraud, this also known as a white-collar crime. These crimes involve a few different methods that take place within a business setting. While ethical business practices add money to the bottom line, unethical practices are ultimately leading to business failure and impacting the U.S. financially.
Why does white collar and corporate crime tend to go undetected, or if detected not prosecuted? White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from tax fraud to health and safety breaches. Corporate crime is extremely difficult to detect for many reasons.
The film, Whale Rider, written and directed by Niki Caro, is a simple one but with a lot of plot meaning behind it. The original novel was written by male author, Witi Ihimaera, who is a Maori author having written 3 books about his cultural beliefs. Whale Rider is well-loved in New Zealand, and now it has touched the hearts of all people around the world. “Leadership is not about shouting and screaming. It’s about being the person that serves the rest and creates an environment in which people feel encouraged to do their best work.” says Niki Caro, when asked about her film, which was available in Australia on May 8th 2003. The film went on to receive 12 different awards – to Keisha