Chapter 3 Considerations in the Study of Criminal Justice PDF

Chapter 3 Considerations in the Study of Criminal Justice Prepared by George P. Mason University...

Chapter 3 Considerations in the Study of Criminal Justice Prepared by George P. Mason University of Windsor Copyright © 2019 by Nelson Education Limited. 1  Chapter Learning Objectives Discuss and define the concepts of racism, discrimination, and inequality in Canada. Define and discuss the concepts of racialized persons, racialization, and racial profiling. Discuss the experiences of Indigenous and racialized persons and members of visible/ cultural/religious minority groups in Canada. Discuss the concerns over the escalating costs of the criminal justice system. Copyright © 2019 by Nelson Education Limited. 2  Chapter Learning Objectives Discuss the changing boundaries of criminal justice agencies. Discuss the issues that surround victims in the criminal justice system. Discuss the health and wellness issues of offenders and criminal justice system personnel. Discuss the concerns regarding the lack of diversity among criminal justice system personnel. Copyright © 2019 by Nelson Education Limited. 3  Multiculturalism and Diversity Racism, discrimination, and inequality exist in Canadian society and within the criminal justice system. impacts on the experiences of the community, offenders, victims, and criminal justice system personnel historical and contemporary experiences of certain groups affect views of and experiences in the criminal justice system Copyright © 2019 by Nelson Education Limited. 4  Inequality in Canada A key feature of Canadian society is inequality, particularly income inequality. The top 1 percent of the population earns 39.1 percent of the income. One million children live in low-income households. Gender inequality in the workplace costs Canada $150 billion a year. Women working full-time earn 74.2 cents for every dollar that full-time male workers make. Copyright © 2019 by Nelson Education Limited. 5 Racism, Prejudice and Discrimination Prejudice is the unsubstantiated, negative pre- judgment of individuals or groups, generally on the basis of ethnicity, religion, or race. Discrimination is an action or a decision that treats a person or a group negatively for reasons such as their race, age, or disability. Racism is prejudice, discrimination or antagonism directed against someone of a different race based on the belief that one’s race is superior. Copyright © 2019 by Nelson Education Limited. 6 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 the Report of the Commission on Systemic Racism in the Ontario Criminal Justice System. Over two decades later, the issues of racism, prejudice, and discrimination in the justice system are even more pronounced. A recent high-profile effort by the Ontario provincial government is centred on public education and awareness and anti-racism strategies. Given the inability to successfully address these issues to date, it could be argued that these strategies will have little effect. Copyright © 2019 by Nelson Education Limited. 7 AT ISSUE 3.1 Is it Possible to End Racism in the Criminal Justice System? Questions 1. In your view, why have racism, prejudice, and discrimination continued to exist in Canadian society? In the criminal justice system? 2. From your lived experience, what do you think would be the most effective ways to address these issues? 3. How optimistic are you that these issues can be successfully addressed? What is the basis for your optimism/pessimism? Copyright © 2019 by Nelson Education Limited. 8  Racialized Persons, Racialization, and Racial Profiling Racialization is the process by which societies construct races as real, different, and unequal in ways that matter to economic, political and social life. Racialized persons are persons, other than Indigenous people, who are non-Caucasian in race or non-white in colour. Racial profiling is any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment. Copyright © 2019 by Nelson Education Limited. 9 Racial Profiling Copyright © 2019 by Nelson Education Limited. 10  Experiences of Women Women have unique experiences in Canada and within the criminal justice system. Today, women are more likely to receive high school diplomas and account for the majority of university enrollments. Rates of self-report violent victimization are higher among women (85 per 100,000 versus 67 per 100,000 for men). Copyright © 2019 by Nelson Education Limited. 11 Experiences of Indigenous Persons Indigenous will be used to denote status and non-status Indians, Métis, and Inuit, although another commonly used term is Aboriginal. Indigenous persons are disproportionately represented as both victims and offenders at all stages of the criminal justice system. Violent victimization is more than double that of non- Indigenous persons (160 vs. 74/1,000). Twenty-seven percent of homicide victims in 2009 were Indigenous. Copyright © 2019 by Nelson Education Limited. 12 …and the Legacy of Colonization Many Indigenous people live on the margins of Canadian society. This is reflected by pervasive poverty, high rates of unemployment, low levels of formal education, and high death rates from accidents and violence. On nearly every measure of health and well- being, Indigenous persons are much worse off than non-Indigenous persons. Copyright © 2019 by Nelson Education Limited. 13 …and the Legacy of Colonization The residential school system was operated by the federal government from the 1880s until the 1990s. 150,000 Indigenous children were sent to residential schools. The “60s Scoop” saw 16,000 Indigenous children removed from their families. The intergenerational impact of residential schools was identified by the Truth and Reconciliation Commission as a major factor in Indigenous persons’ conflict with the law. Copyright © 2019 by Nelson Education Limited. 14 Experiences of Indigenous Women Indigenous women face a number of unique challenges that may place them at risk. stereotypes about Indigenous women held by Canadians gap in life expectancy between Indigenous and non- Indigenous women household crowding for Indigenous women (31% of Inuit, 14% First Nations, 3% non-Indigenous) rates of unemployment among Indigenous women twice as high as for non-Indigenous women Indigenous women much more likely to live in households with incomes Copyright under © 2019 by Nelson the Education poverty line Limited. 15 Experiences of Indigenous Women These factors, and histories of trauma in their personal lives, contribute to placing Indigenous women at high risk of victimization, as reflected in the following: Indigenous women are more likely to be affected by all types of violent victimization. The homicide rate for Indigenous women is nearly six times higher than for non-Indigenous women. Indigenous women experience higher rates of spousal violence. Young Indigenous women may be particularly at risk of sexual assault. Copyright © 2019 by Nelson Education Limited. 16 Discrimination and Victimization People within specific ethnic, racial, cultural, religious and sexual orientation groupings may encounter prejudice and discrimination and may be at risk of victimization. Persons with various sexual orientations may encounter prejudice and discrimination and may be at risk of victimization, including LGBTQ youth. Muslims may also be discriminated against and be victimized due to religious beliefs through Islamophobia. Muslims in Quebec have faced particularly acute challenges. Copyright © 2019 by Nelson Education Limited. 17  Experiences of Blacks Blacks in Canada have experienced racism, prejudice, and discrimination historically and in contemporary times. Blacks in Canada have been subjected to “structural violence” perpetrated by state-funded institutions, including the criminal justice system and, most notably, the police. Blacks were subjected to segregated and inferior schools, excluded from employment opportunities, and subjected to racial stereotyping and discrimination. Black children and youth are disproportionately represented in child welfare, child protection, and youth justice systems; in the numbers living in poverty; and among those at high risk of sexual exploitation and violence. Copyright © 2019 by Nelson Education Limited. 18 Additional Considerations Copyright © 2019 by Nelson Education Limited. 19  Escalating Costs of the CJS Over the past decade, criminal justice expenditures have increased both in real terms and as a percentage of GDP (gross domestic product), despite the overall decline in crime rates across the country. Copyright © 2019 by Nelson Education Limited. 20 Escalating Costs of the CJS Copyright © 2019 by Nelson Education Limited. 21 Escalating Costs of the CJS Copyright © 2019 by Nelson Education Limited. 22  Changing Boundaries of Criminal Justice Agencies Historically, there have been very clear boundaries between the various components of the criminal justice system. the police focused on the apprehension of offenders the courts focused on prosecuting and sentencing corrections focused on implementing the sentences of the courts Copyright © 2019 by Nelson Education Limited. 23 Rise of the Surveillance Society A key feature of life in the early 21st century is the pervasiveness of technology and, more specifically, surveillance technology. Most citizens do not realize that, every day, their activities are recorded by video cameras while shopping, when standing at a bus stop, even while driving. Copyright © 2019 by Nelson Education Limited. 24  Needs of Crime Victims Crime affects victims physically, psychologically, emotionally, financially, and socially. After the initial trauma of the crime, victims can be made to feel worse by the actions of criminal justice officials, resulting in re-victimization. Re-victimization: the negative impact on victims of crime caused by the decisions and actions of criminal justice personnel. The Canadian Victims Bill of Rights, 2015, sets out a number of statutory rights for the victims of crime, including the right to information, participation, protection, and restitution. Copyright © 2019 by Nelson Education Limited. 25  Lack of the Diversity among Criminal Justice Professionals Historically, the police services, courts, and systems of corrections have been staffed primarily by Caucasian males. There has been some progress since 1991 in the number of women in corrections. judges, 36% today versus 14% in 1991 lawyers and notaries, 42% probation and parole officers, 65% correctional service officers, 32% sworn police officers, 20% versus 7% in 1991 Copyright © 2019 by Nelson Education Limited. 26  Summary Inequality, racism, prejudice, and discrimination were introduced as features of Canadian society. These are often manifested in racial profiling and the racialization of groups and individuals. Women, Indigenous persons, Black persons, Muslims, and sexual minorities have lived experiences that affect their quality of life and may place them at risk of being victimized or of coming into conflict with the law. Copyright © 2019 by Nelson Education Limited. 27  Summary Additional considerations in the study of the criminal justice system are the escalating costs of criminal justice, the question as to whether the Canadian public is getting “value for money,” and the changing boundaries of criminal justice agencies as reflected in the development of multi-agency partnerships. Copyright © 2019 by Nelson Education Limited. 28  Summary Additional considerations in the study of the criminal justice system are the challenges posed by the rise of the surveillance society due to the pervasiveness of technology, the challenges faced by crime victims, concerns for the health and wellness of offenders and criminal justice professionals, and the lack of diversity among criminal justice professionals. Copyright © 2019 by Nelson Education Limited. 29