Criminal Justice Considerations Chapter 3

Chapter 3: Considerations in the Study of Criminal Justice

• The chapter focuses on considerations within the study of criminal justice, particularly issues of inequality and diversity.
• Learning objectives include discussing and defining racism, discrimination, and inequality in Canada.
• Learning objectives also include defining racialized persons, racialization, racial profiling, as well as the experiences of Indigenous and racialized individuals within the Canadian society.
• Learning objectives further consist of addressing the escalating costs of the criminal justice system, and changing boundaries of criminal justice agencies, health and wellness of offenders and the lack of diversity among criminal justice professionals.

Multiculturalism and Diversity

• Racism, discrimination, and inequality exist in Canadian society and within the criminal justice system.
• These factors impact the experiences of communities, offenders, victims, and criminal justice personnel.
• Historical and contemporary experiences of diverse groups influence views of and experiences within the criminal justice system.

Inequality in Canada

• Income inequality is a key feature of Canadian society.
• The top 1% of the population earns a disproportionate amount (39.1%) of the income.
• One million children live in low-income households.
• Gender inequality in the workplace costs Canada $150 billion annually.
• Women working full-time earn less than men.

Racism, Prejudice, and Discrimination

• Prejudice is an unsubstantiated negative judgment of individuals or groups based on factors like ethnicity, religion, or race.
• Discrimination is an action or decision that negatively treats a person or group due to their race, age, or disability.
• Racism involves prejudice, discrimination, or antagonism against a different race based on the belief of racial superiority.

At Issue 3.1: Is it Possible to End Racism in the Criminal Justice System?

• The issue of racism in the criminal justice system was first highlighted in 1995 in a report on Systemic Racism.
• Over two decades later, the issues of racism, prejudice, and discrimination within the justice system remain prevalent.
• A recent effort in Ontario centers on public education and awareness as well as anti-racism strategies.
• The ability to address these issues thus far has been limited.

Questions

• The chapter also includes questions for consideration regarding the persistence of racism, prejudice, and discrimination in Canadian society and the criminal justice system.
• The questions also probe effective methods for addressing these issues.
• Additional questions analyze optimism or pessimism in successfully addressing these disparities and offer reasons for those perspectives.

Racialized Persons, Racialization, and Racial Profiling

• Racialization is constructing races as real, different, and unequal in social, political and economic contexts.
• Racialized people are those who are non-Indigenous and non-Caucasian or non-white.
• Racial profiling is any action based on stereotypes, not reasonable suspicion, used for safety or public protection rather than on reasonable suspicion.

Racial Profiling

• Data reveals varying incidences of perceived racial profiling across various racial groups in Canada.
• Different effects of racial profiling are evident depending on the demographic.

Experiences of Women

• Women have unique criminal justice experiences in Canada.
• Women are more likely to receive high school diplomas and constitute the majority of university enrollees.
• Rates of self-reported violence are higher among women than men.

Experiences of Indigenous Persons

• Indigenous people, including status and non-status Indians, Métis, and Inuit, often face marginalization in Canadian society.
• Indigenous people are disproportionately represented as both victims and offenders at all stages of the criminal justice system.
• Indigenous persons face high rates of violent victimization and homicide compared to non-Indigenous persons.

The Legacy of Colonization

• Many Indigenous people experience poverty, unemployment, lack of formal education, and high rates of accidents and violence, factors stemming from the legacy of colonization.
• Indigenous people are often positioned on the margins of Canadian society, suffering disparities in nearly all measures of well-being.
• The residential school system, lasting from the 1880s to the 1990s, affected Indigenous populations significantly.
• The 60s Scoop, involving the removal of Indigenous children from their families, also resulted in intergenerational impacts.

Experiences of Indigenous Women

• Indigenous women encounter unique challenges that place them at risk, including stereotypes, lower life expectancies, higher rates of household crowding, higher rates of unemployment, and higher rates of living in poverty.
• Indigenous women are at a higher risk of various forms of victimization.
• Indigenous females experience elevated rates of homicide and spousal violence and are also at risk of sexual assault.

Discrimination and Victimization

• People of specific ethnic, racial, cultural, religious, and sexual orientations face prejudice, discrimination, and risk of victimization.
• These include LGBTQ+ youth and Muslims facing Islamophobia.
• Muslims in Quebec experience particularly difficult circumstances.

Experiences of Blacks

• Historically and contemporarily, Black Canadians experience racism, prejudice, and discrimination.
• Structural violence, perpetrated by state-funded institutions like the police, affects Black people.
• Black people face segregation in education, employment, and discrimination.
• Black children and youth are disproportionately represented in child welfare, child protection, youth justice systems, and experience poverty and risk of violence.

Escalating Costs of the CJS

• Criminal justice expenditures have increased over the last decade, even with a decline in crime rates.
• Figures illustrate this growth in cost, relative to GDP, and specific expenditure proportions over time.
• Different types of criminal offenses also correlate with varying costs.

Changing Boundaries of Criminal Justice Agencies

• Traditionally, there are distinct roles within the criminal justice system
• The police, courts, and corrections have separate responsibilities.
• However, lines between these elements have blurred.

Rise of the Surveillance Society

• Surveillance technology has become pervasive in modern life.

Needs of Crime Victims

• Crime significantly affects victims physically, psychologically, emotionally, financially, and socially.
• Re-victimization occurs when the criminal justice system further harms victims through its actions.
• The Canadian Victims Bill of Rights sets out statutory rights to information, participation, protection, and restitution for victims of crime.

Lack of Diversity among Criminal Justice Professionals

• Historically, criminal justice systems have been predominantly staffed with Caucasian males.
• Diversity efforts for women in the criminal justice system have increased since 1991.
• Progress in diversity representation in criminal justice roles (judges, lawyers, probation officers, etc.) is documented.

Summary

• Inequality, racism, prejudice, and discrimination affect varied groups (including women, Indigenous people, Black people, Muslims, and sexual minorities).
• Racism and discrimination are increasingly manifested in racial profiling.
• These factors substantially influence lived experiences and place individuals at risk of being victimized or conflicting with the law.
• Cost, changing roles, surveillance and diversity are also additional factors affecting criminal justice systems.