scholarly journals Aboriginal Women and the Canadian Criminal Justice System

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Sylvia Reitmanova ◽  
Robyn Henderson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Employability Skills ◽  
Structural Factors ◽  
Health Issues ◽  
Recidivism Rates ◽  
Aboriginal Women ◽  
Gender Based ◽  
The Impact

The purpose of this policy review was to critically examine the Aboriginal Justice Strategy (AJS), which is a federal governmental program founded in 1991 to combat the problem of high rates of criminality in the Aboriginal population in Canada. Considering the high recidivism rates of AJS program participants, we suggest the AJS is not as effective in achieving its objectives. Looking at this strategy through a lens of structural social work, we found that it is inattentive to the impact of structural factors on criminality in some Aboriginal communities, groups, and individuals. Also, the strategy does not take into consideration gender-based factors that influence the interaction of Aboriginal men and women with the criminal justice system, which is profoundly different. Moreover, the strategy is inattentive to the five pathways that often bring Aboriginal women into contact with the criminal justice system - poverty, violence, sex trade, mental illness, and addiction. These pathways are inherently linked to the primary structures of colonialism, racism, and sexism, which continue to oppress Aboriginal women in Canada. For these reasons, we proposed that gender-based analysis would be useful for an improved understanding of these pathways. We also provided several recommendations for lowering the rates of crime committed by Aboriginal women, which include, state supported economic investments for community development, job creation, education attainment, and employability skills as well as policies against homelessness and supports for trauma, addictions, and mental health issues.

Examining the Impact of Prior Criminal Justice History on 2-Year Recidivism Rates: A Comparison of Drug Court Participants and Program Referrals

2016 ◽  
Vol 62 (2) ◽  
pp. 291-312 ◽  
Author(s):  
Lisa M. Shannon ◽  
Afton Jackson Jones ◽  
Jennifer Newell ◽  
Connie Neal
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Drug Court ◽  
Comparison Group ◽  
Drug Courts ◽  
Community Based ◽  
Recidivism Rates ◽  
The Impact

Drug courts seek to break the cycle of substance use and crime by providing a community-based intervention to individuals with criminal justice involvement and substance-related issues. This study examined recidivism over a 2-year follow-up period as well as factors associated with recidivism for a sample of drug court participants (i.e., graduates and terminators) and a non-equivalent comparison group (i.e., individuals referred/assessed for the program who did not enter). In the 2-year follow-up window, fewer drug court graduates had any convictions compared with program terminators and referrals; specifically, fewer drug court graduates had drug trafficking convictions compared with program terminators and referrals. Fewer graduates were arrested and incarcerated in jail and/or prison in the 2-year follow-up; furthermore, graduates had spent less time incarcerated compared with program terminators and referrals. Demographics (i.e., age, race, marital status) and prior criminal justice system involvement were associated with recidivism; however, these factors had differential impacts for the three groups (i.e., graduates, terminators, and referrals). Drug court shows promise as a community-based intervention that helps keep individuals out of the criminal justice system during a 2-year follow-up period.

A Real Second Chance

2020 ◽  
Vol 32 (5) ◽  
pp. 272-275
Author(s):  
Thomas J. Farrell
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Coping Skills ◽  
Political Advocacy ◽  
Recidivism Rates ◽  
Federal Inmates ◽  
Older Inmates ◽  
Returning Citizens ◽  
Second Chance

Amendments to the compassionate release provisions of the federal First Step Act and Second Chance Acts provide some opportunity for release for elderly and infirm federal inmates. This article examines the reentry successes of three Pennsylvania state inmates, all convicted of homicide, who won their release as re-sentenced juvenile lifers or through commutation. The author came to know them through a reentry group affiliated with a Pittsburgh university. Their success and scholarship about the low recidivism rates for violent offenders over the age fifty suggest that the criminal justice system should abolish the imposition of life sentences. More than avoid recidivism, each of these returning citizens has made positive contributions to their communities, both in and out of prison. They are working, obtaining educations, engaging in charitable work and political advocacy, and writing about their experiences. Their example and their description of many similarly-situated older inmates still in prison teach that society should not rest the argument for their release solely on compassion and pity. Rather, older inmates have learned coping skills that can help restore the communities that their crimes harmed and that they were taken from during their incarceration. For these reasons, the author suggests that prison sentences generally should provide for release after an inmate serves twenty-five years and attains the age of fifty.

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

scholarly journals Kijibashik: Turn it Around

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Health Research ◽  
Indigenous Women ◽  
Core Knowledge ◽  
Community Based Research ◽  
Critical Gap ◽  
Federal Prisons ◽  
The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

Current Issues in the Criminal Justice System

2019 ◽  
pp. 1-11
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Mentally Ill ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Revolving Door ◽  
The Other ◽  
Recidivism Rates ◽  
System P ◽  
Problem Solving Courts

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.

scholarly journals The Overrepresentation of Aboriginal Women in Prisons: A Cycle of Victimization, Discrimination and Incarceration

INvoke ◽  
2017 ◽  
Vol 2 ◽  
pp. 10-25
Author(s):  
SUSA Submissions ◽  
Alysa Holmes
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Cultural Stereotypes ◽  
Complex Issue ◽  
Aboriginal Women ◽  
Contemporary Issue ◽  
Aboriginal Offenders ◽  
Systemic Discrimination ◽  
Forms Of Violence ◽  
The Impact

This paper examines the contemporary issue of the overrepresentation of Aboriginal women in Canadian prisons and suggests that the systemic discrimination and myriad disadvantages that these women face, both within the context of the justice system and in society in general, results in an ongoing cycle of victimization and offending. Specifically, this paper addresses the historical and contemporary forms of violence and victimization that these women face, and examines the impact that this victimization has on offending behaviors. Finally, through an exploration of policing practices, and the complex issue of sentencing Aboriginal offenders, this paper concludes that Aboriginal women are severely disadvantaged at all stages of the criminal justice system, largely as a result of pervasive cultural stereotypes, resulting in worse outcomes for these offenders, and ultimately contributing to the issue of overrepresentation.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Law & Policy ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 174-197
Author(s):  
Amy Farrell ◽  
Vanessa Bouché ◽  
Dana Wolfe
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
The Impact
Sign in / Sign up

Export Citation Format

Share Document