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The Canadian The Canadian Criminal Justice Criminal Justice System: Inequalities System: Inequalities of Class, Race and of Class, Race and Gender Gender By: Rajean Koshy, Susan By: Rajean Koshy, Susan McKelvey, Nirmala McKelvey, Nirmala Ramnarine Ramnarine

The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

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Page 1: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

The Canadian Criminal The Canadian Criminal Justice System: Justice System:

Inequalities of Class, Inequalities of Class, Race and GenderRace and Gender

By: Rajean Koshy, Susan By: Rajean Koshy, Susan McKelvey, Nirmala RamnarineMcKelvey, Nirmala Ramnarine

Page 2: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Two basic dimensions in critical criminological analyses of Two basic dimensions in critical criminological analyses of class-biased nature of law are:class-biased nature of law are:

What gets defined in legislation as crime and what is controlled as What gets defined in legislation as crime and what is controlled as regulatory law.regulatory law.Differential processing of working-class individuals, professional-Differential processing of working-class individuals, professional-class individuals and corporations in the criminal justice system for class individuals and corporations in the criminal justice system for “criminal acts.”“criminal acts.”

Page 3: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Political economyPolitical economyA relatively small group of individuals control a very large proportion A relatively small group of individuals control a very large proportion of the wealth and political power in society.of the wealth and political power in society.

The elite classThe elite classThey influence the political-legal process.They influence the political-legal process.The social, economic and physical harm they inflict on society are The social, economic and physical harm they inflict on society are not treated seriously under either criminal or regulatory law.not treated seriously under either criminal or regulatory law.

The working class The working class Crimes committed by working-class people are prosecuted more Crimes committed by working-class people are prosecuted more severely under law resulting in incarceration severely under law resulting in incarceration

Page 4: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Definition of corporate crimesDefinition of corporate crimes - (Goff and Reuson, 1978)- (Goff and Reuson, 1978)Behaviors, whose economic and physical costs to individuals and Behaviors, whose economic and physical costs to individuals and the environment far exceed those of street crimes.the environment far exceed those of street crimes.

Corporate crimesCorporate crimes Harmful economic, human, and environmental acts committed by Harmful economic, human, and environmental acts committed by corporate official in the pursuit of organizational goals , usually corporate official in the pursuit of organizational goals , usually profit, and generally unpunished by the state.profit, and generally unpunished by the state.

Examples of crimesExamples of crimes::FraudFraud: Street crimes for 1 year estimated at $4 billion. : Street crimes for 1 year estimated at $4 billion. This is just 5% of a take from This is just 5% of a take from one one corporate crime.corporate crime.For example, Michael Millken aka “Junk Bond King”.$325 Million.For example, Michael Millken aka “Junk Bond King”.$325 Million.

Page 5: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

HomicideHomicide: 1975-85: 1975-85On-the-job fatalities - 907On-the-job fatalities - 907First degree murders- 335First degree murders- 335

AssaultAssaultss: 1994-1995 (Desmond Ellis): 1994-1995 (Desmond Ellis)Corporate assaults 25% greater than street assaults.Corporate assaults 25% greater than street assaults.

On-the-job deaths:On-the-job deaths: Charles Reason, Lois Ross, Craig Patterson: Charles Reason, Lois Ross, Craig Patterson:Only 1/3 of job, deaths and injuries related to worker carelessOnly 1/3 of job, deaths and injuries related to worker careless40% job-related injuries related to illegal working conditions.40% job-related injuries related to illegal working conditions.25% job-related injuries due to unsafe but legal working conditions.25% job-related injuries due to unsafe but legal working conditions.

Page 6: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Safety Code Violation:Safety Code Violation:For example, Westray Mine explosion……26 livesFor example, Westray Mine explosion……26 lives14,000 deaths per annum from industrial accidents.14,000 deaths per annum from industrial accidents.

Illegal ProductsIllegal Products::30,000 deaths from unsafe, illegal products30,000 deaths from unsafe, illegal productsFord Motor Company’s production of Pinto-gas tank major defectFord Motor Company’s production of Pinto-gas tank major defectDalton intra-uterine device (IUD)- unsterilized.Dalton intra-uterine device (IUD)- unsterilized.A.H Robins “killed” 17 women; infected 200,000.A.H Robins “killed” 17 women; infected 200,000.

Page 7: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Why do corporate officials and corporations experience few Why do corporate officials and corporations experience few economic, social or legal penalties?economic, social or legal penalties?

The class bias of criminal lawThe class bias of criminal lawCorporate lawlessness is not even defined as criminal.Corporate lawlessness is not even defined as criminal.Harmful behaviors are illegal but within the parameters of regulatory Harmful behaviors are illegal but within the parameters of regulatory law, rather than criminal code. law, rather than criminal code.Before 1941, Corporations were immune to criminal liability because Before 1941, Corporations were immune to criminal liability because they had no minds of their own,they had no minds of their own,Decisions at provincial court level have eliminated incarcerations.Decisions at provincial court level have eliminated incarcerations.Corporations only prosecuted for safety violations not their Corporations only prosecuted for safety violations not their consequences.consequences.Corporations have direct input into the formulation and passing of Corporations have direct input into the formulation and passing of regulatory laws, resulting in a lax system.regulatory laws, resulting in a lax system.

Page 8: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Further dimensions of legal requirementsFurther dimensions of legal requirementsCorporations are able to avoid prosecution for illegal activity.Corporations are able to avoid prosecution for illegal activity.Even if they are punished, the penalty is usually an inconsequential Even if they are punished, the penalty is usually an inconsequential fine. fine.

How to get tough on corporate Crime ?How to get tough on corporate Crime ?““Three strikes and you are out” legislationThree strikes and you are out” legislationTougher laws, regulations and sanctions.Tougher laws, regulations and sanctions.Judicial decisions should emphasize corporate responsibility for Judicial decisions should emphasize corporate responsibility for harmful actsharmful actsBreakdown corporate inducement to crime by Breakdown corporate inducement to crime by Shaming and positive repentanceShaming and positive repentanceNew legal tools and controlsNew legal tools and controls

Page 9: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

Corporate accountability and restructingCorporate accountability and restructing

New forms of penalty and criminal sanctioningNew forms of penalty and criminal sanctioning

Application of countervailing force against crimeApplication of countervailing force against crime

In Canada replacement of Environmental In Canada replacement of Environmental Contaminants Act with: Contaminants Act with:

New legislation for fines up to $1 million per day and up New legislation for fines up to $1 million per day and up 5 years imprisonment 5 years imprisonment

More prosecutions in the Federal Gov’t DepartmentMore prosecutions in the Federal Gov’t Department

22 prosecutions in 1991 compared to only one in 199022 prosecutions in 1991 compared to only one in 1990

Page 10: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CLASSCLASS

However class bias is shown in the differential conviction and However class bias is shown in the differential conviction and sentencing for street crime involving poor working class sentencing for street crime involving poor working class offenders as compared with middle class or wealthier offenders as compared with middle class or wealthier offenders. offenders. 54% of rich defendants found guilty 54% of rich defendants found guilty 72%of poor defendants found guilty 72%of poor defendants found guilty

Even when found guilty upper and middle class offenders were Even when found guilty upper and middle class offenders were

given lenient sentencesgiven lenient sentences..

What hope do we have for the future?What hope do we have for the future?Pro regulatory Pro regulatory pressure groupspressure groups provides the crucial leverage that provides the crucial leverage that forces the state to direct at least some attention to the area of forces the state to direct at least some attention to the area of corporate crimecorporate crime

Page 11: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

RACERACE Almost half of Canadians believe aboriginals have an equal Almost half of Canadians believe aboriginals have an equal

or better standard of living than the average citizen.  40% or better standard of living than the average citizen.  40% believed that Natives have only themselves to blame for believed that Natives have only themselves to blame for their problems. their problems.

Overall, 17% of persons incarcerated in Canada were Overall, 17% of persons incarcerated in Canada were aboriginal, while only 3.7% of the population reported aboriginal, while only 3.7% of the population reported aboriginal origins in the 1991 census. aboriginal origins in the 1991 census.

Western provinces have the highest aboriginal inmates, Western provinces have the highest aboriginal inmates, 17% in B.C, 31% Alberta, 73% in Saskatchewan & 57% in 17% in B.C, 31% Alberta, 73% in Saskatchewan & 57% in Manitoba, and 7% in Ontario. Manitoba, and 7% in Ontario.

Page 12: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

RACERACE An Alberta report provides a worst-case scenario of what An Alberta report provides a worst-case scenario of what

could happen in Western Canada if the trends of the could happen in Western Canada if the trends of the criminal justices system continue to be based on criminal justices system continue to be based on colonialism:  by the year 2011, aboriginal offenders will colonialism:  by the year 2011, aboriginal offenders will account for 18,552 (38%) of all admissions to federal & account for 18,552 (38%) of all admissions to federal & provincial correctional centers in Alberta, compared to provincial correctional centers in Alberta, compared to 29.5%. 29.5%.

Women constitute the minority in the justice system; Women constitute the minority in the justice system; however aboriginal women represent in both provincial & however aboriginal women represent in both provincial & federal institutions almost 50% even though they make up federal institutions almost 50% even though they make up for less than 3% of the population in Canada. for less than 3% of the population in Canada.

Women are especially overrepresented in the western Women are especially overrepresented in the western provinces. For example, in Pine Grove Provincial Prison for provinces. For example, in Pine Grove Provincial Prison for women in northern Saskatchewan, 1988, 83% were women in northern Saskatchewan, 1988, 83% were aboriginal, the figures has now gone up to 95%. aboriginal, the figures has now gone up to 95%.

Page 13: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

RACERACE A study on the Ontario Native Women’s Association found A study on the Ontario Native Women’s Association found

37% of aboriginal women in Ontario provincial correctional 37% of aboriginal women in Ontario provincial correctional institutions were 20 years of age or younger, 52% were first institutions were 20 years of age or younger, 52% were first arrested between the ages of 14 to 17 & 18% were even arrested between the ages of 14 to 17 & 18% were even younger when first arrested. younger when first arrested.

They also found 55% had been incarcerated 1 to 3 times They also found 55% had been incarcerated 1 to 3 times previously 40% had been arrested fifteen times or more, previously 40% had been arrested fifteen times or more, 21% had seventeen prior incarcerations. 21% had seventeen prior incarcerations.

There is differential charging of aboriginal people by police There is differential charging of aboriginal people by police for relatively minor public offences.  Research done in for relatively minor public offences.  Research done in Regina found that 30% of the Indians arrested for Regina found that 30% of the Indians arrested for drunkenness were charged & sent to court.  By contrast drunkenness were charged & sent to court.  By contrast only 11% of non-Natives were charged & sent to court. only 11% of non-Natives were charged & sent to court.

Page 14: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDERDOMESTIC VIOLENCEDOMESTIC VIOLENCE

The main areas of concern regarding the justice system’s The main areas of concern regarding the justice system’s treatment of women have been the system’s biases, treatment of women have been the system’s biases, injustices, and ineffectiveness in dealing with women who injustices, and ineffectiveness in dealing with women who have been victims of domestic assault.have been victims of domestic assault.

““[There is a] conventional opinion that violence against [There is a] conventional opinion that violence against wives or female partners is in certain ways distinct from wives or female partners is in certain ways distinct from violence towards non-family members in the street” and violence towards non-family members in the street” and that it is a private family matter (Edwards, pg 49). that it is a private family matter (Edwards, pg 49).

In 1980 research done by Linda McLeod revealed that at In 1980 research done by Linda McLeod revealed that at least 10% of women were victims of domestic violence per least 10% of women were victims of domestic violence per year year

Page 15: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDER According to Stats Canada, in 1995 women were six times According to Stats Canada, in 1995 women were six times

more likely to be killed by their partner than a stranger. more likely to be killed by their partner than a stranger.

Women’s reluctance to press charges is frequently cited as Women’s reluctance to press charges is frequently cited as a reason for police non-intervention in domestic violence a reason for police non-intervention in domestic violence situations.situations.

““There is evidence that police do have judgmental attitudes There is evidence that police do have judgmental attitudes to the behavior of women victims which they may consider to the behavior of women victims which they may consider contributory to the man’s violence (Ex. If they think the contributory to the man’s violence (Ex. If they think the women is ‘nagging,’ ‘hysterical,’ or ‘a sluttish housewife’)” women is ‘nagging,’ ‘hysterical,’ or ‘a sluttish housewife’)” (Edwards, pg 95)(Edwards, pg 95)

Page 16: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDER ““In practice, though many situations contained the potential In practice, though many situations contained the potential

of escalating after the police had left, the police still displayed of escalating after the police had left, the police still displayed considerable unwillingness to act. The only type of situation considerable unwillingness to act. The only type of situation that resulted in arrest in this study, as with others, was one in that resulted in arrest in this study, as with others, was one in which violence continued after police had arrived or the which violence continued after police had arrived or the aggressor was ‘stroppy’ with the police. Officers relied on aggressor was ‘stroppy’ with the police. Officers relied on their own presence and ability to calm things down. If these their own presence and ability to calm things down. If these attempts failed, arrest would follow but even then the arrest attempts failed, arrest would follow but even then the arrest might not be for assault.” (Edwards, pg 105)might not be for assault.” (Edwards, pg 105)

““Throughout recent history, violent assault committed against Throughout recent history, violent assault committed against a wife, co-habittee or sexual intimate has been systematically a wife, co-habittee or sexual intimate has been systematically diverted away from the criminal justice process and dealt with diverted away from the criminal justice process and dealt with as a civil matter, or a minor misdemeanor – or victims have as a civil matter, or a minor misdemeanor – or victims have been told to cope with it on their own. The decision to divert been told to cope with it on their own. The decision to divert cases out of the criminal justice process or to ‘down-crime’ cases out of the criminal justice process or to ‘down-crime’ and reduce the charge is taken at the discretion of the charge and reduce the charge is taken at the discretion of the charge officer.” (Edwards, pg 50) officer.” (Edwards, pg 50)

Page 17: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDER

SEXUAL ASSAULTSEXUAL ASSAULT

The biggest judicial concern in terms of sexual assault is The biggest judicial concern in terms of sexual assault is that women are generally more afraid of the additional that women are generally more afraid of the additional suffering and humiliation that the justice system brings suffering and humiliation that the justice system brings than being revengefully attacked by the offender. Further, than being revengefully attacked by the offender. Further, very small percentages of rapists are convicted.very small percentages of rapists are convicted.

Page 18: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDER

INCARCERATED WOMENINCARCERATED WOMEN

From the example of the prison Federal Prison for Women From the example of the prison Federal Prison for Women (P4W) women offenders often stressed that their (P4W) women offenders often stressed that their incarceration denied them of control over their own lives incarceration denied them of control over their own lives including their schedules, activities and space. They were, including their schedules, activities and space. They were, however, still expected by the correctional staff and parole however, still expected by the correctional staff and parole board to take self-determined action in making responsible board to take self-determined action in making responsible choices to become law abiding citizens. This left them choices to become law abiding citizens. This left them caught between what they are allowed to do and what they caught between what they are allowed to do and what they could do.could do.

Page 19: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDER Prison programs for women reinforce the stereotypical social and Prison programs for women reinforce the stereotypical social and

occupational roles of women in society. This includes laundry, occupational roles of women in society. This includes laundry, doing kitchen work, and sewing as available prison programs. doing kitchen work, and sewing as available prison programs.

Report in 1990 by the Task force on Federally Sentenced Women Report in 1990 by the Task force on Federally Sentenced Women established five fundamental principles:established five fundamental principles:

1. empowering women (programs to raise their self-esteem)1. empowering women (programs to raise their self-esteem)2. providing more meaningful choices in programs and community 2. providing more meaningful choices in programs and community facilities (a wider range of options)facilities (a wider range of options)3. treating women with respect and dignity (to enhance self-3. treating women with respect and dignity (to enhance self-respect)respect)4. providing a physically and emotionally supportive environment4. providing a physically and emotionally supportive environment5. sharing responsibility for prisoners’ welfare among correctional 5. sharing responsibility for prisoners’ welfare among correctional workers and members of the community (co-operation) among workers and members of the community (co-operation) among government, correctional workers and voluntary organizations)government, correctional workers and voluntary organizations)

Page 20: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

GENDERGENDERCONCLUSIONSCONCLUSIONS

To move beyond piecemeal and partial socio-legal reforms To move beyond piecemeal and partial socio-legal reforms in the area of gender and social justice it is necessary to in the area of gender and social justice it is necessary to develop a more comprehensive theoretical, analytic and develop a more comprehensive theoretical, analytic and policy-based socialist feminist critique of our society. This policy-based socialist feminist critique of our society. This includes a dynamic and integrated analysis of the inter-includes a dynamic and integrated analysis of the inter-relationships between patriarchy, capitalist society and relationships between patriarchy, capitalist society and state control of women according to feminist criminologists state control of women according to feminist criminologists such as Gregory (1986) and Chesney-Lind and Bloom such as Gregory (1986) and Chesney-Lind and Bloom (1997). (1997).

““What is necessary is a distinctly ‘feminist’ criminology What is necessary is a distinctly ‘feminist’ criminology which can explain crime in general while studying women in which can explain crime in general while studying women in particular” (Currie, D. 1986).particular” (Currie, D. 1986).

Page 21: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

CRITICISMS

Issues covered in the chapter were limited:

The Race section only discussed Aboriginals and ignored all other races.

The Gender section only covered domestic violence, sexual assault, and conditions of one prison (P4W) which is no longer open.

Page 22: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

1. Harmful 1. Harmful economic, human, economic, human, and environmental and environmental acts committed by acts committed by corporate officials corporate officials in the pursuit of in the pursuit of organizational goals organizational goals usually profit, and usually profit, and generally generally unpunished by the unpunished by the statestate

a) Domestic violencea) Domestic violence b) Political economyb) Political economy c) class-gender relationsc) class-gender relations d) postcolonial justiced) postcolonial justice e) Corporate crimee) Corporate crime f) European colonialismf) European colonialism g) Environmental g) Environmental

Contaminants ActContaminants Act h) socialist feminist h) socialist feminist

perspectiveperspective

Page 23: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

2. Usually violence 2. Usually violence against women by against women by their partners. The their partners. The Violence Against Violence Against Women Survey Women Survey found that 25% of found that 25% of women over 16 women over 16 years of age years of age experience violence experience violence from a current or from a current or post-marital partner.post-marital partner.

a) Domestic violencea) Domestic violence b) Political economyb) Political economy c) class-gender relationsc) class-gender relations d) postcolonial justiced) postcolonial justice

f) European colonialismf) European colonialism g) Environmental g) Environmental

Contaminants ActContaminants Act h) socialist feminist h) socialist feminist

perspectiveperspective

Page 24: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

3. New legislation 3. New legislation after 1987, which after 1987, which substantially substantially increased the increased the penalty for penalty for environmental environmental pollution to up to $1 pollution to up to $1 million/day and up million/day and up to 5 years in prison to 5 years in prison for guilty corporate for guilty corporate executivesexecutives

b) Political economyb) Political economy c) class-gender relationsc) class-gender relations d) postcolonial justiced) postcolonial justice

f) European colonialismf) European colonialism g) Environmental g) Environmental

Contaminants ActContaminants Act h) socialist feminist h) socialist feminist

perspectiveperspective

Page 25: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

4. The takeover by 4. The takeover by white settlers of white settlers of the land belonging the land belonging to aboriginal to aboriginal peoples, resulting peoples, resulting in their near in their near genocidal genocidal destruction, both destruction, both physically and physically and culturally.culturally.

b) Political economyb) Political economy c) class-gender relationsc) class-gender relations d) postcolonial justiced) postcolonial justice

f) European colonialismf) European colonialism h) socialist feminist h) socialist feminist

perspectiveperspective

Page 26: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

5. Wealth and 5. Wealth and political power political power concentrated in a concentrated in a few individuals and few individuals and corporations, giving corporations, giving them substantial them substantial political, legal, and political, legal, and economic control economic control over our ostensibly over our ostensibly democratic societydemocratic society

b) Political economyb) Political economy c) class-gender relationsc) class-gender relations

d) postcolonial justiced) postcolonial justice

h) socialist feminist h) socialist feminist perspectiveperspective

Page 27: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINTIONSDEFINTIONS

6. An alternative 6. An alternative system of justice for system of justice for aboriginals that aboriginals that includes aboriginal includes aboriginal self-determination self-determination and resolution of and resolution of land claims in land claims in conjunction with conjunction with traditional healing traditional healing and harmony and harmony restorationrestoration

c) class-gender relationsc) class-gender relations d) postcolonial justiced) postcolonial justice

h) socialist feminist h) socialist feminist perspectiveperspective

Page 28: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DEFINITIONSDEFINITIONS

7. A focus on the 7. A focus on the relationship relationship between class and between class and gender and how it gender and how it is manifested, is manifested, especially in the especially in the subjugation of subjugation of women in the women in the productive and productive and reproductive reproductive spheres of societyspheres of society

c) class-gender relationsc) class-gender relations

h) socialist feminist h) socialist feminist perspectiveperspective

Page 29: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #1DISCUSSION QUESTION #1

In the case of domestic violence is In the case of domestic violence is mandatory charges (or arrests) an adequate mandatory charges (or arrests) an adequate solution to this social problem? solution to this social problem?

Keep in mind some of the reasons for women’s Keep in mind some of the reasons for women’s inhibition to lay charges against their spouses:inhibition to lay charges against their spouses:

Learned helplessness – affects the ability of the battered to Learned helplessness – affects the ability of the battered to make the right decisions (Buzawa & Buzawa, pg 143).make the right decisions (Buzawa & Buzawa, pg 143).

restricted access to moneyrestricted access to money isolation, retaliation and dependence on the batterer isolation, retaliation and dependence on the batterer

(Buzawa & Buzawa, pg 144).(Buzawa & Buzawa, pg 144). minority women may be faced with inhibition based on minority women may be faced with inhibition based on

language and other cultural barriers.language and other cultural barriers.

Page 30: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #1DISCUSSION QUESTION #1

Our Answer is both yes and no. We believe mandatory arrest is a Our Answer is both yes and no. We believe mandatory arrest is a good start because:good start because:

of its attempt to limit police discretion, (many officers do not have of its attempt to limit police discretion, (many officers do not have adequate knowledge of how to handle domestic violence adequate knowledge of how to handle domestic violence

women who are in these traumatizing situations may feel relief that women who are in these traumatizing situations may feel relief that their immediate source of terror has been removed as well as their their immediate source of terror has been removed as well as their responsibility for coercive actions. responsibility for coercive actions.

it acts as a deterrent, when an offender has been arrested the it acts as a deterrent, when an offender has been arrested the second time around they’ll be less likely to act the same. Also, the second time around they’ll be less likely to act the same. Also, the label of “wife beater” is a strong deterrent because of the negative label of “wife beater” is a strong deterrent because of the negative publicitypublicity

““relying on preference remains problematic for three subgroups: relying on preference remains problematic for three subgroups: a)women whose physical or psychological entrapment prevents a)women whose physical or psychological entrapment prevents their expressing a preference for arrest, b) minorities who may view their expressing a preference for arrest, b) minorities who may view expressing a preference for arrest as a betrayal of cultural norms expressing a preference for arrest as a betrayal of cultural norms and c)women who may simply not understand the nature of their and c)women who may simply not understand the nature of their risk” (Buzawa & Buzawa, pg 143).risk” (Buzawa & Buzawa, pg 143).

Page 31: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #1DISCUSSION QUESTION #1

but it is not a final solution because:but it is not a final solution because:

while Mandatory Arrests reduce violence in some cases it while Mandatory Arrests reduce violence in some cases it may increase violence in othersmay increase violence in others

appears contradictory to arrest in the name of liberty for the appears contradictory to arrest in the name of liberty for the women when she does not want that approach to be taken. women when she does not want that approach to be taken. (Buzawa & Buzawa, pg 124)(Buzawa & Buzawa, pg 124)

some, such as Larry Sherman of the Minneapolis Domestic some, such as Larry Sherman of the Minneapolis Domestic Violence Experiment, argue that mandatory arrest does not Violence Experiment, argue that mandatory arrest does not deter domestic violence except among select groups (eg. deter domestic violence except among select groups (eg. married , employed men) (Buzawa & Buzawa, pg 125) The married , employed men) (Buzawa & Buzawa, pg 125) The experiment claims that arrest actually increases in the long experiment claims that arrest actually increases in the long run especially among unemployed, unmarried and minority run especially among unemployed, unmarried and minority males (Buzawa & Buzawa, pg 125) males (Buzawa & Buzawa, pg 125)

Page 32: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #1DISCUSSION QUESTION #1

Therefore, mandatory arrests should be Therefore, mandatory arrests should be combined with other actions such as combined with other actions such as treatment for the prosecuted. Where arrests treatment for the prosecuted. Where arrests have been combined with treatment and have been combined with treatment and prosecution as in the Canadian experiment prosecution as in the Canadian experiment reported by Dutton (1986), batterers were reported by Dutton (1986), batterers were 10 times less likely to be recidivists than 10 times less likely to be recidivists than when arrest alone was used (40% vs. 4%) when arrest alone was used (40% vs. 4%) (Buzawa & Buzawa, pg 128)(Buzawa & Buzawa, pg 128)

Page 33: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #2DISCUSSION QUESTION #2

Question: “ It is a myth that guilty Question: “ It is a myth that guilty upper class offenders are punished upper class offenders are punished sufficiently”. Discuss. sufficiently”. Discuss.

Page 34: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #2DISCUSSION QUESTION #2

Answer: yes and noAnswer: yes and no Yes, it is a myth.Yes, it is a myth.

Many corporate crimes are not even defined as crimes so Many corporate crimes are not even defined as crimes so they get away with many crimes. Corporations are immune they get away with many crimes. Corporations are immune to criminal liability because they have no minds of their to criminal liability because they have no minds of their own. Incarcerations are eliminated at the provincial level. own. Incarcerations are eliminated at the provincial level. Corporations are only prosecuted for safety violations and Corporations are only prosecuted for safety violations and not consequences. Corporations have input into the laws not consequences. Corporations have input into the laws regulating them resulting in a lax system which allows them regulating them resulting in a lax system which allows them to not be brought to justice. Statistics show only 54% of to not be brought to justice. Statistics show only 54% of these defendants are found guilty against 72% for poor these defendants are found guilty against 72% for poor defendants. Harmful behaviors are illegal but within the defendants. Harmful behaviors are illegal but within the parameters of regulatory law, for example, safety parameters of regulatory law, for example, safety violations, rather than criminal law.violations, rather than criminal law.

Page 35: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

DISCUSSION QUESTION #2DISCUSSION QUESTION #2

No, it is not a myth.No, it is not a myth. Laws are being passed. Also the federal and provincial Laws are being passed. Also the federal and provincial

government are getting tough on corporate crime. For government are getting tough on corporate crime. For example , 22 prosecutions were made in 1991versus one in example , 22 prosecutions were made in 1991versus one in 1987 and presidents of corporations are being incarcerated. 1987 and presidents of corporations are being incarcerated. The state is not as tough as we want them to be but they The state is not as tough as we want them to be but they are making some inroads.are making some inroads.

Page 36: The Canadian Criminal Justice System: Inequalities of Class, Race and Gender By: Rajean Koshy, Susan McKelvey, Nirmala Ramnarine

OUTSIDE REFERENCES

• C. Buzawa & E. Buzawa. Domestic Violence: The Criminal Justice Response. (2003). London: Sage Publications

• Edwards, Susan. Policing ‘Domestic’ Violence. (1991). London: Sage Publications