Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadianjusticesystem. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginalpeoples within the Canadianjusticesystem and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadianjusticesystem.
This well-researched paper examines the juvenile justicesystem and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenile justicesystem, dating back to the 1820s and until the present. The juvenile justicesystem in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenile justicesystem from 1820 which found that when juvenile crime is determined to be high, the justicesystem responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenile justicesystem and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract The paper contends that any solution that hopes to revise the American criminal justicesystem must address five issues. The paper details these issues: A lack of racial parity in criminal justice, a lack of socio-economic parity, overcrowding in the courts, overcrowding in the prisons and the rehabilitation of the thousands of prisoners when they are released.
From the Paper "That the criminal justice system in the United States is biased is beyond dispute. Statistics abound that all confirm the same thing; if you are white and wealthy in the US, the odds that you will end up in jail are remarkably slim. Felony convictions send a disproportionately high number of African American and Hispanic men to prison, while their Caucasian counterparts remain free. The reasons behind this phenomenon are many - too many to be listed in this brief overview."
Abstract This paper looks at the problems in the youth criminal justicesystem. It discusses the lack of representation in court, lack of adequate facilities, lack of adequate programs in facilities (particularly education and special education), lack of adequate staffing, and sentencing juveniles as adults.
From the Paper "The purpose was that youthful offenders could be rehabilitated before they became lifelong criminals. Today there are still separate justice systems for adults and juveniles in state and federal systems but the juvenile system is not equipped for the shift to increasingly violent crime among juveniles. Recently a Michigan case involved a juvenile convicted of second-degree murder he committed when ..."
Abstract The paper examines the over-representation of Aboriginalpeople in Canadian correctional institutions. It outlines the statistics of those incarcerated compared to the non-Aboriginal population and explains the causes behind this, which include demographics, racism, discrimination and social issues. Sources include government commissions and reports covering primarily the Western Provinces.
From the Paper "This paper will briefly address the question as to why there is a disproportionate number of Aboriginal (native) people in Canadian institutions and demonstrate that multiple factors including population demographics, over-policing, and social conditions are partly to blame. For the purposes of this paper, the scope of Canadian institutions will be limited to jails and correctional institutions as opposed to hospitals or psychiatric institutions etc. The Problem Stated The evidence for the high proportion of aboriginals in jails and correctional institutions in Canada has been well researched and has been the subject of extensive public enquiries and commissions."
Abstract This paper analyzes whether Black people are mistreated by the criminal justicesystem in Canada and if they face discrimination from both the police and the courts. It discusses the failure of the criminal justicesystem to provide appropriate services to people of minority groups. The paper specifically looks at the over-representation of black people in the criminal justicesystem. It then attempts to analyze some of the reasons how and why Black citizens are targeted by the criminal justicesystem.
Table of Contents:
Introduction
Background on Black Over-representation in the Criminal JusticeSystem Possible Reasons Behind The Black Over-representation Trend
Arguments Against Criminal JusticeSystem Racial Bias
Conclusion
From the Paper "It is difficult to know how to respond to racial prejudices in the criminal justice system, as the overrepresentation of black citizens is imbedded in socioeconomic factors which cannot be explained by discriminatory practices implicit in the criminal justice system. The most obvious solution to the problem is to have separate justice systems for people of Aboriginal descent, where most of the problems of racial discrimination in Canada lie. However, would not the existence of different courts of law for different ethnicities further encourage racial stratification in society? The solution is not an easy one, and much more research must be done on the topic before an answer is forthcoming. A number of factors must be explored before a solution is implemented, such as what the current statistics revolving around discrimination studies mean, the relationship between social and economic factors and the criminal justice system, and the impact of developing stratification between Aboriginal and non-Aboriginal citizens (La Prairie, 2004, p. 277). "
Abstract This paper reports that 8.4 per cent of the total 661,730 population of Winnipeg is aboriginal, which is the second highest percentage of the 13 major Canadian cities. The author points out that the young age of the majority of the aboriginals in Winnipeg is very important because it can have a major impact on the need for more educational and welfare services. The paper stresses that the effects of poverty and housing issues may be a major cause of poor health among aboriginalpeople in Winnipeg. The author relates that the demographic profiles seem to indicate that social and economic disadvantages facing aboriginalpeople in Winnipeg have been limiting their educational achievements. The paper includes several quotations.
Table of Contents:
Introduction
Aboriginal Population of Winnipeg
Income, Employment and Poverty
Housing Issues
Health Issues
Education Issues
Conclusion
From the Paper "The differences in incomes between aboriginal people and non-aboriginal people in Winnipeg can be partially explained by differences in employment and unemployment rates. The total employment rate for Winnipeg in 2001 was 64.8 per cent and the unemployment rate was 5.6 per cent. The employment rate for aboriginals in Winnipeg is only 55.1 per cent and the unemployment rate is 14.3 per cent. This would seem to indicate that the higher unemployment rate in the aboriginal population of Winnipeg is a major factor in the poverty of that population."
Abstract The essay examines the advantages and disadvantages of Section 718.2 (e) of the Criminal Code of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadianjusticesystem.
From the Paper "The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."
Tags:Canadianjusticesystem, criminal code, Canadian minorities
Abstract This paper explores the criminal justicesystem in Argentina. It looks at the historical development of the criminal justicesystem and examines the series of transformations of the criminal justicesystem over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags: criminal justice, argentina, junta, dictatorship, due process
Abstract This paper surveys the way negative race perceptions affect minorities in the criminal justicesystem in the United States, a system administered almost exclusively by white to protect whites. It discusses the issue of racial profiling. The lack of opportunity for racial and ethnic minorities to work in the criminal justicesystem are explored. The author argues for a more culturally diverse law enforcement system to ensure the fair treatment of minorities.
From the Paper "The National Association for the Advancement of Colored People (NAACP) argues that racial inequities in the criminal justice system arise because the system is administered almost exclusively by whites and ..."
Abstract The paper proposes the perfect criminal justicesystem, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justicesystem will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract This paper reviews the evolution of the criminal justicesystem in the last ten years in light of technological advances such as DNA gathering at crime scenes. It discusses the national response to such technology whilst addressing many social as well as legal implications.
From the Paper "Advances in evidentiary technology have in the past ten years revolutionized the criminal justice system in the United States and to some extent the world. The process of integrating DNA technology into the criminal justice system has been laborious and time ..."
Tags: criminal justice, United States, forensics, DNA testing, CODIS, crime scene investigation, evidentiary technology
Abstract This paper discusses the impact and consequences of the federal and provincial government policies on the Aboriginalpeople of Canada. The paper suggests that the impact and consequences of federal and provincial policies against Aboriginalpeoples have made their self-government and full sovereignty as a third partner in Canadian government the only viable means of retaining their identity and tribal cultural values.
From the Paper "The Aboriginal peoples of Canada have "a long history of the denial of self-government" (Cassidy 99). The Federal government abetted by the provincial governments with strong economic interests in appropriating and developing Indian lands are no longer viable systems of politics or the delivery of social services. Although Chris Anderson, himself an Aboriginal academic, cautions against the reliability of data from "such a blunt instrument like the census" (Anderson 2), if a national tribal council were called with the specific goal of beginning to formulate the framework of a sovereign Aboriginal nation, it is possible that a census of all Indians could be an effective part of that framework. To achieve sovereignty, the links with federalism and provincialism have to be broken; status labels have to be discarded. There are too many "policy formation mechanisms" (Cassidy 97) set up "to deal with the challenges presented by Aboriginal governments" [to provincial ones], but the challenges are presented to the Aboriginal peoples by the provincial and federal governments, not the other way around. The question is not why the Aboriginal people do not have the land, but why the Canadian government has it. Sovereignty is the unknown form but the only true answer."
Abstract This paper discusses some of the issues that relate to the rights of aboriginalpeoples in Canada. The paper specifically focuses on achieving a deeper understanding of basic terms such as nation, property and people. The paper discusses the barriers between the aboriginalpeople and white Canadians that are caused by poor communication or differing understandings of terms.
From the Paper "In essence, terms as they are used by whites bear no comparison when they are used by natives. John Locke, for instance, exemplifies European ideas of property. He believed that property in its original form was the earth given by God to human beings. This appears similar to the view of Native peoples. People's reason enables them to make the best use of natural resources and ways of appropriating those resources. "Though the Earth, and all inferior Creatures be common to all Men, yet every man has a Property in his own Person" (Locke, 2002, p. 60). As Locke viewed it, the concept of property actually began with the commons, or that which is owned by all individuals in common. All of this is very foreign to how Native peoples regard land and property. Indians do not even understand the idea of land tenure. In Indian culture, all material goods are held in common. There may be a commons but it is not owned in any sense."
Abstract This ten-page undergraduate paper explores how and why Natives are oppressed and discriminated against in the justicesystem. Colonization and the "Indian Act" are part of it, and social conditions outside the system fully explain what happen within it: both control inferior people. 10 pgs. Bibliography lists 10 sources.
