Aug 02, · Criminal justice is different from criminology in the sphere it covers. It is the system established for dealing with crimes: the ways of detection, detention, prosecution, and punishment. In short, think of criminal justice as a part of law enforcement. This chapter just touched on the differences between criminal justice and criminology Nov 24, · According to statistics, criminal justice takes honorary second place after general Law assignments in terms of assignment difficulty. Just like Healthcare and Nursing, this type of writing requires definite accuracy and sufficient sources that support ideas and arguments Indigenous overrepresentation exists throughout the justice system. The Supreme Court of Canada noted the following in R. v. Gladue: Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned
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Why are Indigenous people so vastly overrepresented as offenders and victims? RCAP identified three viable explanations, each of which has currency in government thinking and academic literature: colonialism; socio-economic marginalization; and culture clash. Systemic discrimination against Indigenous people in the criminal justice system is also a serious problem.
These factors have acted together over many years. They are addressed below. According to RCAP and others Levy and Young, ; Commission on First Nations and Métis Peoples and Justice Reform, ; Crosby and Monaghan, ; Friedland, ; Manzano-Munguia,the colonial experience for Indigenous peoples from the time of early French and British contact has been characterized by attempts by the colonial powers to control Indigenous lands and natural resources.
Many mechanisms of colonial control have been imposed, including violent relocation to reserves and other designated settlements and restrictive legislation, most commonly through the Indian Act.
The Indian Act was and many would say, continues to be a discriminatory piece of legislation, thesis service delivery in the criminal justice system. Early years saw many repressive measures enacted through a series of amendments, thesis service delivery in the criminal justice system, including: restrictions on the use of mechanized farm implements by Indigenous farmers; the banning of ceremonial activities such as the potlatch in British Columbia and the sundance on the prairies; involuntary enfranchisement loss of Indian status if a man attained a certain level of education; prevention of Indigenous groups or communities from hiring a lawyer to represent their interests before the federal government; and the threat of fines for lawyers who represented Indigenous groups or communities see Coates, Other complications continue, including unsuccessful attempts to revise certain parts of the legislation that affect many First Nations individuals and families; for example, restrictions on the granting of Indian status, which especially impacts Indigenous women and their children Palmater, Many specific claims — claims to land and other promised benefits — remain unresolved by the federal government.
This is a thesis service delivery in the criminal justice system to many First Nations and regional First Nation governments and organizations.
It is explicitly identified as an ongoing problem with the federal government and is a contributor to the ongoing marginalization of Indigenous peoples. A relatively early explanation of the links between colonialism and overrepresentation was contained in a report prepared by Michael Jackson for the Canadian Bar Association. In that report, Jackson spoke of a colonial relationship whereby cultural alienation, territorial dispossession, and socio-economic marginalization became increasingly pronounced among Indigenous peoples.
In other words, the impacts of colonialism have contributed in significant ways to the overrepresentation of Indigenous people in the criminal justice system. Some authors e. This may be most glaringly true with regard to residential schools, which were in place for over one hundred years. In the words of the TRC. It is almost impossible to estimate the extent of the negative intergenerational impacts of the residential school experience. The results have been complex and tragic, including disproportionately high rates of physical and mental health problems, alcohol and drug abuse, cognitive impairment, interpersonal violence, and suicide.
These factors all contribute to the overrepresentation of Indigenous people in the criminal justice system. Indigenous people often say they lost their parenting skills through the residential school experience as was likely intended by authorities and that this loss has been passed down to their children and grandchildren Clark, ; TRC, a.
The federal Correctional Investigator noted serious underlying problems experienced by Indigenous inmates, problems which could be directly or indirectly related to the residential school experience and family breakdown. Both RCAP and the TRC have argued that colonialism in its various forms, whether residential schools, removal of people from their traditional lands, the dictates of the Indian Actor the failure of government to honour the treaties, has had and continues to have profound negative impacts on Indigenous people.
These impacts are manifested in many ways, including crime and victimization. In the words of RCAP Commissioners. In this quote and throughout their report, the RCAP Commissioners make direct links between the effects of colonialism and criminal behaviour by Indigenous people. They also connect colonialism directly to systemic discrimination and, as described below, to socio-economic marginalization and culture clash.
It is clear that colonialism in its various forms has had long-term negative impacts thesis service delivery in the criminal justice system Indigenous people. Also bearing directly on offending, victimization and inequitable treatment of Indigenous people in the justice system is socio-economic marginalization which, according to RCAP, can be seen as a direct result of colonialism, past and present RCAP, Even a basic investigation leaves no doubt that Indigenous individuals and entire communities are marginalized in Canada.
As well, Indigenous employment was significantly lower than that for the non-Indigenous population for the same period: Employment in remote and isolated Indigenous communities is significantly lower than overall Indigenous employment numbers, which include urban Indigenous people who are more likely to have jobs ibid. Footnote Compounding the problem of relatively low income and high employment is a host of other unacceptable social and living conditions facing Indigenous people, especially those living in remote and isolated areas.
Many authors, agencies, and inquiries have documented seriously substandard levels of housing, education, and health care for Indigenous communities. Inthe proportion of Indigenous dwellings requiring major repairs was 19 percent, compared to 6 percent for the non-Indigenous population. While 29 percent of the non-Indigenous population between 25 and 64 years of age had attained a university degree by11 percent of Indigenous people had achieved this level of education Statistics Canada, b.
Health is another serious issue. The high and increasing rate of tuberculosis TB currently seen in Indigenous communities is a significant indicator of the effects of socio-economic marginalization, combining poverty, poor housing, and poor health care. A further indicator of social and economic marginality is the high rate of suicide among Indigenous people, especially youth. A parliamentary report found that suicide rates among Indigenous persons, especially youth both female and male were as much as 40 times higher than among the non-Indigenous population.
Moreover, while the suicide rate for the Canadian population has declined, the rates among Indigenous people have increased over the past three decades Standing Committee on Indigenous and Northern Affairs, Social and economic marginalization, which includes the problems noted above, contributes to the overrepresentation of Indigenous people in the criminal justice system. According to the RCAP.
Regrettably, we have seen little improvement in the negative effects of socio-economic marginalization since the RCAP report. Indigenous overrepresentation exists throughout the justice system. The Supreme Court of Canada noted the following in R.
Gladue :. Systemic discrimination can be seen in all phases of the criminal justice system: policing, courts, and corrections.
It should be noted, however, that this a problem that affects not only Indigenous people, but also other racialized and thesis service delivery in the criminal justice system groups as thesis service delivery in the criminal justice system, for example, by the Commission on Systemic Racism in the Ontario Criminal Justice System That said, Indigenous people as a whole are the most adversely affected by systemic discrimination Rudin, Systemic discrimination in the criminal justice system is manifested in various ways and, ultimately, it contributes to the overrepresentation of Indigenous people at all stages of the system.
These realities are addressed below. Various commissions and inquiries, as noted above, have addressed the issue of policing Indigenous individuals and communities. All have identified the need for effective community policing in the Indigenous context. Other institutional voices have also called for a community-based model. While community policing appears to be an effective model for Indigenous communities, communities differ among themselves with regard to a preferred approach to policing.
For example, some communities want to continue being policed by the RCMP, while others would prefer and some already have their own police services. In other words, and as recommended by all inquiries addressing the issue, policing should be community specific. Why is policing a major concern in the Indigenous context? There are three related reasons: over-policing; under-policing; and the general absence of a community policing model in Indigenous communities.
Rudin addressed the issues of over- and under-policing in a paper prepared for the Ipperwash Inquiry Rudin, He said the following:. Systemic discrimination and negative stereotypes result in more Indigenous people being arrested, charged, and entering the criminal justice system.
Linden, Clairmont, and Murphy take a similar view with regard to policing in Indigenous communities. They say it must involve the following elements: community involvement in decisions about policing, leading to joint priority setting; decentralized management, recognizing the unique needs and approaches for individual communities; and proactive, preventative approaches to problem solving, rather than a focus only on enforcement thesis service delivery in the criminal justice system The three elements identified by Linden, Clairmont, and Murphy are seen as essential for effective community policing in the Indigenous context.
However, after applying those criteria to their research on Indigenous policing in Manitoba, Linden et al regrettably arrive at a negative assessment:.
Similarly, Clark found a general lack of commitment to community policing on the part of the RCMP — in spite of clear community requests for this model — in the three northern territories Deukmedjian found that while community policing had been the most reasonable RCMP model for Indigenous communities, RCMP Headquarters made a major policy decision after the September attacks in the United States to remove community policing as a high priority and to focus on intelligence based policing.
Those studies also indicate that community policing is not adequately in place. Because of competing priorities and changes in policy, Indigenous communities lost out on having improved community policing implemented. The promise community policing models hold cannot be realized without commitment.
As indicated earlier in this report, Indigenous offenders are sentenced to custody more often than non-Indigenous offenders. This is true for men and women, thesis service delivery in the criminal justice system, adults and youth in provincial and territorial correctional services.
In30 percent of the total sentenced custody population were Indigenous. For Indigenous youth, the comparative numbers for secure custody and open custody were even higher at 55 percent and 60 percent, respectively Department of Justice Canada a. Indigenous accused are also denied bail significantly more often and therefore held in remand adults or pre-trial detention youth more frequently and for longer than non-Indigenous accused, thesis service delivery in the criminal justice system.
Remand numbers have increased significantly for adult Indigenous accused in the last several years Clark, b. Remand among adult Indigenous accused in stood at 29 percent of the total adult remanded population.
Indigenous youth in pre-trial detention represented 48 percent of the total youth pre-trial detention population Department of Justice Canada, a. In certain jurisdictions, such as Nunavut, the disparity is even greater. As well, it is noted that the median number of days adult Indigenous accused are held in remand in Nunavut increased from 3 days in to 23 days in Statistics Canada, thesis service delivery in the criminal justice system, b. The remand and pre-trial detention numbers remain substantially higher for Indigenous accused compared to non-Indigenous accused.
Why is this so? If bail is granted, it is done with certain conditions attached. A standard condition is that the accused have a surety; i. This is often difficult for individuals accused of a crime; however, it can be especially difficult for Indigenous accused. Indigenous people living in the city are often without family or other supports and so will not have a surety to back them.
These same individuals are often abjectly poor, homeless, unemployed, and have little education. This is consistent with the socio-economic marginalization of many Indigenous people, as suggested above. But whether in the city or in a remote community, poverty and the inability to post bail or to have a surety who can post bail is common and typically leads to remand.
Another significant factor leading to Indigenous overrepresentation is that Indigenous accused are relatively more likely to breach their conditions, whether bail conditions or probation conditions.
Typically, this works against individuals who have been before the courts previously; bail is usually denied in such cases. The issue of bail is important for several reasons, thesis service delivery in the criminal justice system the fact, as various experts have shown e.
The important issues of bail, remand, pre-trial detention, and some positive movement are discussed further in section 5. The extent of the overrepresentation of Indigenous people in corrections, particularly in custody, was noted earlier in this report.
Bad Behavior Won't Stop With Punishment - Adam Foss - TEDxSuffolkUniversity
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