Week 13 - Battered Women Defence
45 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does maintaining peace in the face of chaos refer to?

  • The ability to ignore conflict
  • The ability to maintain tranquility despite disorder (correct)
  • A method of conflict resolution
  • The act of avoiding discussions

Legal pluralism allows individuals to have multiple names that signify different rights and responsibilities.

True (A)

What role do Wampum belts serve within the Haudenosaunee community?

They serve as historical records, legal instruments, and symbols of peace and unity.

The act of naming is seen as an exercise of __________ and authority.

<p>power</p> Signup and view all the answers

Match the following terms to their correct descriptions:

<p>Consensus = A process aimed at achieving collective agreement Legal Pluralism = Possessing different names in various legal systems Wampum = Culturally significant belts made from shell beads Names = Acts of establishing identity and dominion</p> Signup and view all the answers

What motivated Helen to plead guilty?

<p>To protect her son from legal repercussions (B)</p> Signup and view all the answers

Angelina Napolitano killed her husband during the day.

<p>False (B)</p> Signup and view all the answers

How long was Helen's original sentence for manslaughter before it was reduced?

<p>18 years</p> Signup and view all the answers

Angelina Napolitano was an ________ immigrant living in Canada.

<p>Italian</p> Signup and view all the answers

What triggered the widespread petition campaign for Angelina Napolitano's clemency?

<p>Her circumstances as a mother and victim of abuse (D)</p> Signup and view all the answers

Match the individuals with their corresponding facts:

<p>Helen Naslund = Released on parole in April 2023 after serving 3 years Angelina Napolitano = Killed her husband after enduring domestic violence</p> Signup and view all the answers

The themes explored in Angelina Napolitano's case include domestic violence and motherhood.

<p>True (A)</p> Signup and view all the answers

Wes indicated that Helen’s actions were motivated by the desire to protect her __________.

<p>children</p> Signup and view all the answers

What is one of the main issues that laws often regulate regarding individuals' rights?

<p>Sexuality and gender identity (A)</p> Signup and view all the answers

Laws governing marriage do not consider issues such as child custody and property division during divorce.

<p>False (B)</p> Signup and view all the answers

Name a recent global movement related to marriage.

<p>Marriage equality</p> Signup and view all the answers

Laws related to __________ aim to protect the rights of children and prevent exploitation.

<p>child labour</p> Signup and view all the answers

Match the following laws to their primary focus:

<p>Labour laws = Workplace safety and rights of workers Marriage laws = Requirements and regulations for marriage Discrimination laws = Prohibiting unfair treatment based on characteristics Education laws = Regulation of sex education curricula</p> Signup and view all the answers

What aspect of law involves studying how newly constituted crimes lead to arrests and prosecutions?

<p>Law in action (A)</p> Signup and view all the answers

Labour laws often support workplace discrimination based on gender and race.

<p>False (B)</p> Signup and view all the answers

What do traditional laws regarding gender roles often lead to for individuals who do not conform?

<p>Discrimination and marginalization</p> Signup and view all the answers

What does legal whiteness refer to?

<p>The classification of individuals as white in legal frameworks (C)</p> Signup and view all the answers

Iranian Americans are universally accepted as wholly white in society.

<p>False (B)</p> Signup and view all the answers

What term do many Iranian Americans prefer to identify with instead of strictly 'white'?

<p>brown</p> Signup and view all the answers

Whiteness is primarily defined by __________ and cultural markers.

<p>social</p> Signup and view all the answers

What factor contributes to Iranian Americans forming a sense of solidarity with other marginalized groups?

<p>Experiences of discrimination (C)</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Legal Whiteness = Formal classification within legal frameworks Social Whiteness = Lived experiences and societal perceptions Assimilation = Conforming to mainstream white culture Racial Profiling = Discrimination based on perceived race</p> Signup and view all the answers

Iranian Americans fully embrace assimilation into mainstream culture.

<p>False (B)</p> Signup and view all the answers

What sentiment has significantly impacted the experiences of Iranian Americans post-9/11?

<p>Islamophobia</p> Signup and view all the answers

What term refers to individuals or groups who have privileged access to the legal system?

<p>Legal Insiders (C)</p> Signup and view all the answers

Legality refers to the quality of being in accordance with personal beliefs.

<p>False (B)</p> Signup and view all the answers

What was the reason that Millie faced a court order?

<p>She failed to report an automobile accident and possessed an unregistered vehicle.</p> Signup and view all the answers

Millie's appeal of her case signifies her refusal to accept the ruling __________.

<p>passively</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Conformity = Acceptance of legal authority and fulfillment of requirements Contestation = Questioning the legitimacy of a legal ruling Resistance = Transforming punitive experience into empowerment Legality = Quality of being in accordance with the law</p> Signup and view all the answers

How did Millie demonstrate her resistance to the legal system's constraints?

<p>By exceeding the mandated hours and engaging in meaningful volunteer work (A)</p> Signup and view all the answers

Legal Outsiders are individuals who fully participate in the legal system.

<p>False (B)</p> Signup and view all the answers

What is the term for the state of being in accordance with the law?

<p>Legality</p> Signup and view all the answers

What process involves labeling and differentiating groups based on physical or geographic characteristics?

<p>Racialization (B)</p> Signup and view all the answers

The legal status of Black individuals in Canada was straightforward and recognized them as equal citizens during the colonial era.

<p>False (B)</p> Signup and view all the answers

What significant legal document was established in 1982 to provide legal protections for minority groups in Canada?

<p>Canadian Charter of Rights and Freedoms</p> Signup and view all the answers

The journey of Black Canadians from slavery to citizenship is marked by significant legal battles and __________.

<p>activism</p> Signup and view all the answers

Match the following periods or concepts with their descriptions:

<p>Colonial Era = Legal frameworks supporting slavery Post-Emancipation = Systemic discrimination despite legal freedom Civil Rights Movement = Collective action for equal access Human Rights Legislation = Legal protections established in the 1980s</p> Signup and view all the answers

Which of the following was a significant aspect of the post-emancipation period for Black Canadians?

<p>Continued systemic discrimination (B)</p> Signup and view all the answers

Critical Race Theory focuses exclusively on historical racism without considering current structures.

<p>False (B)</p> Signup and view all the answers

What was the impact of Canadian immigration policies on Black individuals prior to the 1960s?

<p>They were racially exclusionary.</p> Signup and view all the answers

Flashcards

Peace in the Face of Chaos

The ability to remain calm, balanced, and stable despite surrounding conflict or disorder. It highlights the importance of inner peace in navigating external turmoil.

Consensus

A collaborative process where everyone works together to reach a shared agreement, ensuring everyone's needs and values are considered. It emphasizes respect and inclusivity in decision-making.

Power of Naming

The act of naming is a powerful act that signifies authority and control. It's closely tied to establishing identity and dominance in the Haudenosaunee culture.

Legal Pluralism

Having multiple names that correspond to different legal systems, each with its own set of rights and responsibilities. It allows individuals to navigate various legal realities simultaneously.

Signup and view all the flashcards

Wampum Belts

Culturally significant artifacts made from shell beads, used as historical records, legal instruments, symbols of peace, and educational tools. They represent treaties, stories, and values.

Signup and view all the flashcards

Helen's Motivation

Helen pleaded guilty to manslaughter, potentially to protect her son from legal consequences related to the crime.

Signup and view all the flashcards

Sentence Reduction for Helen

Helen's initial 18-year sentence for manslaughter was reduced to 9 years by the Alberta Court of Appeal in 2022.

Signup and view all the flashcards

Angelina Napolitano's Background

Angelina Napolitano, an Italian immigrant living in Canada, endured domestic violence from her husband, who threatened her and their children.

Signup and view all the flashcards

Angelina Napolitano's Crime

In 1911, Angelina killed her husband with an axe while he slept, following repeated instances of abuse.

Signup and view all the flashcards

Public Reaction to Angelina's Case

Angelina's case received significant media attention, with sympathetic portrayals highlighting her motherhood and victimhood.

Signup and view all the flashcards

Clemency Campaign for Angelina

Widespread petition campaigns advocating for Angelina's clemency emerged, with support from various groups, emphasizing her motherhood and abuse.

Signup and view all the flashcards

Themes in Angelina's Case

The case explores themes of domestic violence, motherhood, and societal expectations placed on women.

Signup and view all the flashcards

Sentencing in Angelina's Case

Despite her expressed remorse, Angelina was sentenced to hanging, highlighting the strict legal system of the time.

Signup and view all the flashcards

Laws and Gender Roles

These laws often enforce traditional gender roles and expectations, dictating how individuals should express their gender identity and sexuality. This frequently leads to discrimination and marginalization of those who don't conform.

Signup and view all the flashcards

Laws and Sexuality

Historically, laws and social norms have regulated and stigmatized non-heterosexual orientations and gender identities.

Signup and view all the flashcards

Marriage Laws

Governments establish legal requirements for marriage, including age restrictions, consent, and familial relationships. These laws also address polygamy and divorce.

Signup and view all the flashcards

Marriage Equality

A global movement advocating for the legal recognition of same-sex marriages, challenging traditional definitions of marriage.

Signup and view all the flashcards

Labor Laws - Working Conditions

These laws often address working conditions, including provisions related to workplace safety, health standards, and working hours.

Signup and view all the flashcards

Labor Laws - Wages and Benefits

Laws govern minimum wage requirements, overtime pay, and benefits such as paid leave, ensuring fair compensation and worker rights.

Signup and view all the flashcards

Labor Laws - Child Labor

Regulations related to child labor aim to protect the rights of children and prevent exploitation, ensuring their well-being.

Signup and view all the flashcards

Labor Laws - Discrimination

Laws prohibit workplace discrimination based on race, gender, age, disability, and sexual orientation, promoting fairness and equality.

Signup and view all the flashcards

Legal Whiteness

The formal classification of individuals as 'white' in legal frameworks like immigration laws, census categories, and civil rights legislation.

Signup and view all the flashcards

Social Whiteness

The lived experiences and perceptions of individuals within society regarding their 'whiteness,' shaped by societal attitudes, stereotypes, and power dynamics.

Signup and view all the flashcards

Paradox of Iranian Americans

Iranian Americans may be legally classified as 'white,' but their experiences often involve social exclusion and discrimination, highlighting a disconnect between legal and social realities.

Signup and view all the flashcards

Boundaries of Whiteness

Whiteness is not just a racial category but a social construct encompassing privileges, cultural norms, and societal expectations. It's defined by social and cultural markers like language, religion, and cultural practices.

Signup and view all the flashcards

Iranian American Identity

Iranian Americans often identify as 'brown' rather than strictly 'white' due to their unique cultural heritage, experiences, and intersections with racial identity.

Signup and view all the flashcards

Discrimination Against Iranian Americans

Iranian Americans face discrimination and racial profiling, especially after 9/11, leading to heightened awareness of their 'brown' identity.

Signup and view all the flashcards

Rejection of Assimilation

Many Iranian Americans express skepticism towards the idea of assimilating into mainstream white culture, challenging the notion that conformity is necessary for acceptance.

Signup and view all the flashcards

Expressing Resistance

Iranian Americans resist assimilation and stereotypes by engaging in activism, forming alliances with other marginalized groups, sharing personal narratives, and participating in community outreach.

Signup and view all the flashcards

Legal Consciousness

How people understand and interpret the law, forming their own views and actions.

Signup and view all the flashcards

Legal Insiders

Individuals or groups with privileged access to the legal system, participating fully in its processes.

Signup and view all the flashcards

Legal Outsiders

Individuals or groups lacking access or full participation in the legal system.

Signup and view all the flashcards

Legality

The state of being in accordance with the law, conforming to legal rules and regulations.

Signup and view all the flashcards

Conformity (Legal Situation)

Accepting and complying with legal requirements, demonstrating recognition of legal authority.

Signup and view all the flashcards

Contestation (Legal Situation)

Challenging the legitimacy of legal decisions, questioning the authority of the legal system.

Signup and view all the flashcards

Resistance (Legal Situation)

Actively opposing legal constraints, finding ways to navigate the legal system while maintaining personal values.

Signup and view all the flashcards

Strategic Conformity

Complying with legal requirements while aiming to maintain personal identity and values.

Signup and view all the flashcards

Categorization

The process of sorting people or things into groups based on shared characteristics.

Signup and view all the flashcards

Construction (of Meaning)

How meanings are developed and embedded into the way we talk and think about the world.

Signup and view all the flashcards

Racialization

The process of assigning racial identities to groups based on physical or geographic features.

Signup and view all the flashcards

Critical Race Theory

An approach that analyzes how racialization shapes power dynamics and impacts society, law, and culture.

Signup and view all the flashcards

Legal Personhood

The legal recognition of an entity as having rights and responsibilities, like entering contracts or owning property.

Signup and view all the flashcards

How do new laws become 'legitimate'?

Laws gain legitimacy through processes of societal acceptance, implementation, and enforcement.

Signup and view all the flashcards

What challenges did Black Canadians face post-emancipation?

Despite formal freedom, Black Canadians faced systemic discrimination in areas like employment, housing, and education.

Signup and view all the flashcards

What role did activism play in the fight for Black Canadian rights?

Black Canadians organized and fought against discriminatory practices through activism, leading to significant societal and legal changes.

Signup and view all the flashcards

Study Notes

Week 13 - Battered Women Defence

  • Battered Women Defence is a legal argument used in criminal cases, primarily by women accused of crimes like homicide. It argues their actions were a result of prolonged abuse, often by an intimate partner. It isn't a standalone defence but often used with claims of self-defence or diminished responsibility.

  • Helen Naslund's case demonstrates this defence. She was abused by her husband, Miles, for 26 years.

  • On September 4th, 2011, after a violent confrontation, Helen shot Miles.

  • Helen was charged with manslaughter and sentenced to 18 years in prison. This was one of the longest sentences for a Canadian woman for killing an abusive partner.

  • Public outcry followed the case, leading to petitions demanding intervention from the Alberta Attorney General. Over 18,000 signatures were gathered.

  • Advocacy groups like Women Who Choose to Live supported Helen's case, emphasizing the need for legal reforms on domestic violence.

  • In 2021, Helen appealed her sentence, arguing it didn't adequately consider the domestic abuse she suffered. The appeal process highlighted that 86% of Canadian women offenders have experienced physical abuse.

  • Helen expressed discomfort with media attention, although she appreciated public support. Her situation highlights the emotional toll of domestic violence. There was a call for societal changes in views toward domestic violence and how the legal system handles victims who retaliate against their abusers.

Angelina Napolitano

  • Angelina Napolitano was an Italian immigrant living in Canada.

  • In April 16, 1911, Napolitano killed her husband, who threatened her and their children in a series of abusive confrontations.

  • Napolitano's case attracted significant media attention.

  • Newspaper stories focused sympathy toward her as a mother and their circumstances.

  • A clemency campaign emerged to advocate for her.

  • The case highlighted themes of domestic violence, motherhood, and social expectations of women during the 1900's.

  • Her sentence was initially a death penalty, later commuted to life imprisonment.

  • Napolitano served 11 years and was released to work as a house cleaner.

  • All of her children were taken from her and placed into foster care.

Week 12 – Legal Pluralism and Indigenous Legal Orders

  • Legal pluralism describes a situation where multiple legal systems exist within a single geographical area.

  • The Haudenosaunee (Iroquois) Confederacy's Great Law of Peace is a foundational legal framework.

  • It emerged centuries ago to address conflicts amongst five Nations: Mohawk, Oneida, Onondaga, Cayuga, and Seneca.

  • The Great Law of Peace emphasizes the interconnectedness of individuals and the natural world.

  • Ceremonies and qualities of The Great Law of Peace are designed to heal loss and build peace (the Good Mind), the relatedness of all people—kinship, respect for and responsibility to the natural world, and consensus-based decision-making.

Week 10 – Criminalization, Racialization and Legal Personhood

  • Sally Engle Merry outlined how everyday life can be criminalized, looking at such cases as labour discipline in British Africa, the Potlatch in Canada, and the regulation of sexuality, marriage and labor.

  • The Potlatch, a ceremonial feast distribution, was criminalized in Canada in 1884, based on concerns about wasteful practices and defiance of law.

Week 6 - Jurisdiction and Indigenous Urbanism

  • Jurisdiction is the power to apply and interpret laws.

  • Mariana Valverde explored the complexities of jurisdiction, including its interplay with formal legal processes and social relations.

  • Valverde highlights the importance of Indigenous governance, rights, and legal traditions.

Week 5 - Categorization, Racialization, Citizenship

  • Neda Maghbouleh examined how American high school students navigate racial identity through institutional processes (such as filling out forms).

  • Roya's experiences highlight the complexities of self-identification when these categories don't accurately reflect lived experiences or cultural backgrounds.

  • Iranian Americans often face categorization as 'white/Caucasian', creating identity confusion and frustration due to their unique cultural and racial experiences.

  • The concept of ‘whiteness’ was explored, distinguishing between legal (de jure) and social (de facto) classifications— highlighting experiences of discrimination that contradict classifications.

Week 4 – Law in Action – Community Regulation

  • Bryan Palmer's week looked at community regulation, using the example of Charivari.

  • Charivari was a noisy public protest against those who violated social norms through traditional practices.

  • This was seen in European communities during the medieval period through the 1800’s, with emphasis on community disapproval of actions, such as those found in lower class groups.

  • Cultural criminology was discussed, going beyond traditional definitions of crime to incorporate the role of culture, emotions, and media influence.

Week 2 – Legal Consciousness

  • Stanger-Ross & Blomley examined the forced dispossession of Japanese-Canadians during WWII through documents & letters related to forced property sales, including protest and contestation issues.

  • The letters emphasized the importance of property rights and consent, reflecting emotional and cultural attachments to one's land. They also highlighted the challenges raised regarding government legitimacy and moral standing when dispossession occurred without suitable compensation.

Week 1 – Legal Consciousness and Legal Outsiders

  • Lesley Jacobs examined legal consciousness and the complexities of legal situations for outsiders.

  • The case study of Millie is used as an example. Millie was ordered to complete community service for her actions.

  • The case illustrates how people understand the law, and how outsiders navigate the legal system either through conformity or contesting actions perceived as unjust.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

CRI215 Final Review Past Paper PDF

Description

This quiz explores the Battered Women Defence, a legal argument used by women in criminal cases to show their actions were a result of prolonged abuse. It discusses Helen Naslund's case, which highlights the complexities of domestic violence and the public's response to her sentencing. Examine the implications of this legal defence and the advocacy efforts surrounding it.

More Like This

Garlic-Buttered Shrimp Recipe Guide
9 questions

Garlic-Buttered Shrimp Recipe Guide

StraightforwardIolite avatar
StraightforwardIolite
Garlic-Buttered Shrimp Preparation
5 questions

Garlic-Buttered Shrimp Preparation

StraightforwardIolite avatar
StraightforwardIolite
Use Quizgecko on...
Browser
Open
Browser
Browser