CRI215 Final Review Past Paper PDF

CRI215 Final Review Week 13 – Battered Women Defence Battered Women Defence – A legal argument used in criminal cases, primarily by women accused of crimes such as homicide, where the defendant argues that their actions were the result of prolonged abuse, often by an intimate partner. The defence...

CRI215 Final Review Week 13 – Battered Women Defence Battered Women Defence – A legal argument used in criminal cases, primarily by women accused of crimes such as homicide, where the defendant argues that their actions were the result of prolonged abuse, often by an intimate partner. The defence is not a standalone legal defence but is often used in conjunction with claims of self-defence or as part of a broader argument about diminished responsibility. Helen Naslund Key Points Background of abuse o Helen endured 26 years of physical and emotional abuse from her husband, Miles, often exacerbated by his alcohol use The incident o On September 4th, 2011, after a violent confrontation, Helen shot Miles while he was asleep, ending a long cycle of abuse Legal Consequences o Helen was charged with manslaughter and sentenced to 18 years in prison, one of the longest sentences for a woman in Canada for killing an abusive partner Public Outcry o Her case sparked national outrage and led to petitions calling for intervention from Alberta’s attorney general, gathering over 18,000 signatures Advocacy and Support o Various advocacy groups, including Women Who Choose to Live, have rallied for Helen’s case, emphasizing the need for legal reforms regarding domestic violence Appeal Process o In February 2021, Helen filed an appeal arguing that her sentence did not adequately consider the domestic abuse she suffered Statistics on Female Offenders o The article notes that 86% of female offenders in Canada have experienced physical abuse, highlighting a systemic issue in how the justice system treats victims of domestic violence Personal Reflections o Helen expressed discomfort with the media attention but appreciated support from the public, indicating the emotional toll of her situation Call for Change o Emphasizes the need for radical change in societal views on domestic violence and the legal system’s approach to victims who retaliate against their abusers. Topics and Contexts Guilty plea on lesser charge of manslaughter What may have influenced her decision to plead guilty? – PROTECTION OF FAMILY o Youngest son, Neil, was involved in the incident following the shooting. Helen may have believed that by pleading guilty, she could shield her son from facing serious legal repercussions as an accessory to the crime. o Helen’s son Wes indicated that her actions were motivated by the desire to protect her children Longest ever sentence for female manslaughter conviction in this context (18 years) In 2022, the Alberta Court of Appeal cut the sentence in half (=9 years) Naslund served 3 years and was released on parole in April 2023 One of her sons served time for conviction of indignity to a body (Neil) Angelina Napolitano Key Points Background o She was an Italian Immigrant living in Canada o Faced domestic violence from her husband, who threatened her and their children The Crime o April 16th, 1911, Napolitano killed her husband with an axe in his sleep after a series of abusive confrontations between them Public Reaction o The case attracted significant media attention, with sympathetic portrayals of Napolitano as a mother o Sentimental newspaper stories highlighted her care for her children and her circumstances Clemency Campaign o A widespread petition campaign emerged, advocating for her clemency o Support came from various groups, including local churches and women’s organizations, emphasizing her role as a mother and victim of abuse Themes Explored o The article examines themes of domestic violence, motherhood, and societal expectations of women o It discusses how notions of womanhood and virtue were constructed and perceived in the early 20th century Topics and Contexts Sentencing o Despite her clear expression of remorse, she was sentenced to hanging. This reflects the harsh realities of the legal system Immigrant experience o Her background influenced public perception and the media’s portrayal of her, often framing her actions within the context of ethnic stereotypes. Death penalty was commuted to life imprisonment  Napolitano served 11 years and was released to work as a housecleaner All her children were taken and sent into foster care She had to finish her pregnancy in a death-row jail cell Case Similarities Shared motivation for the crime o Desire to protect children from abusive father o Helen was backed by son Wes o The first thing Napolitano did after killing her husband was sit next to the fireplace with her youngest child Week 12 – Legal Pluralism and Indigenous Legal Orders Legal Pluralism – Refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. Kayanesenh Paul Williams The Great Law of Peace – A foundational legal framework developed by the Haudenosaunee (Iroquois) Confederacy. It emerged several centuries ago in what is now northeastern North America, specifically to address the cycles of violence and revenge among the five nations Mohawk Oneida Onondaga Cayuga Seneca The elements of The Great Law of Peace The Good Mind o The first element, it assumes that a person acting unwell due to grief, anger, pain or greed, can be brought back to the right path of peace. It is a rational philosophy and approach to law Family o The second element. All people are related. All people are kin. Members of family and clans welcome and care for each other The Natural World/Nature o The natural world is a balanced system that is maintained when all beings carry out their responsibilities. The world is a web of relationships The story of the Peacemaker is not just a story o The Kayanerenko:wa is all law, every part of it is law. The story “contains fundamental concepts and principles of the law” Ceremonies and Qualities of The Great Law of Peace The Condolence Ceremony o Designed to heal the minds and spirits of individuals who have experienced loss, grief, or trauma. It emphasizes collective responsibility and the importance of supporting one another in times of sorrow. Highlights how a mind must be healed and rational before it can embrace peace Peace in the face of chaos o The ability to maintain tranquility, harmony, and stability despite surrounding conflict or disorder. Consensus o Collaborative and respectful process aimed at achieving collective agreement, fostering harmony, and ensuring that decisions reflect the needs and values of the community. It is a cornerstone of their governance and social relations. If there isn’t a unanimous “one-mine” agreement, they keep discussing “About Names” Power of naming o The act of naming is portrayed as an exercise of power and authority. It highlights the importance of names in establishing identity and dominion. Cultural Context o Names carry deep cultural meanings and are integral to understanding relationships and identities within the Haudenosaunee community Legal Pluralism o Individuals may possess different names that correspond to various legal systems – such as their Haudenosaunee name and an English name. Each name can signify different rights, responsibilities, and identities within distinct legal frameworks, allowing individuals to navigate multiple legal realities simultaneously. “Words Before All Else” Emphasizes the foundational role of gratitude and respect in the Haudenosaunee legal and cultural framework Wampum – Belts are culturally significant artifacts made from shell beads that serve as historical records, legal instruments, and symbols of peace and unity among the Haudenosaunee and other Indigenous communities, embodying treaties, stories and the values of their heritage while functioning as educational tools and contemporary instruments of advocacy for Indigenous rights. Week 10 – Criminalization, Racialization and Legal Personhood Sally Engle Merry – Criminalization of Everyday Life Criminalization – The act of making something criminal The author approaches the process of criminalization through three case studies Labour discipline in British colonial Africa The Potlatch in Canada The regulation of sexuality, marriage and labour British Colonial Africa Examines the efforts to establish a disciplined labour force for mines and plantations Delves into the laws designed to regulate workers and control social relationships linked to land and labour – the focus on creating a disciplined labour force and controlling various aspects of the lives of the freed slaves o Measures to enforce labour contracts o Penalize homelessness o Regulate social behaviours (drinking, dancing, and adultery). Discusses the resistance of the labourers to the imposed discipline and the failure of laws to contain or control them Potlach in Canada The resistance to the unpopular law criminalizing the potlach o Ceremonial feast distribution of property and gifts to affirm or reaffirm social status (Indigenous peoples of the Pacific Northwest) Seen as disruptive and wasteful by the Canadian government, leading to efforts to suppress it In 1884, the Canadian government passed the Indian Act, which included provisions to ban the potlach and other cultural practices. The potlach ban was enforced through legal penalties, including imprisonment for those who participated in or hosted potlach ceremonies Despite the ban, many Indigenous communities continued to practice the potlach in secret or in defiance of the law. Potlach ban remained in effect until 1951, when it was officially repealed Regulation of sexuality, marriage and labour Sexuality o Many societies have criminalized sexual acts, such as adultery, premarital sex, and same-sex relationships. These laws are often rooted in religious doctrines and traditional moral values o Often enforce traditional gender roles and expectations, they dictate how individuals should express their gender identity and sexuality, often leading to discrimination and marginalization of those who do not conform o Extends to reproductive rights  o Laws and social norms have historically regulated and stigmatized non- heterosexual orientations and gender identities o Governments and institutions often regulate sex education curricula and public discourse about sex Marriage o Governments establish legal requirements for marriage, including age restrictions, consent, and familial relationships o Regulations surrounding marriage often address the practice of polygamy o Laws governing divorce and separation outline the legal process for ending a marriage. These regulations address issues such as property division, child custody, and financial support o In recent years, there has been a global movement toward marriage equality, advocating for the legal recognition of same-sex marriages Labour o Often address working conditions, including provisions related to workplace safety, health standards, and working hours. o Laws and policies govern minimum wage requirements, overtime pay, and benefits such as paid leave o Regulations related to child labour aim to protect the rights of children and prevent exploitation o Often address issues of workplace discrimination, including laws that prohibit discrimination based on race, gender, age, disability and sexual orientation o Labour laws protect the rights of workers to organize, form labour unions, and engage in collective bargaining with employers. Criminalization can be studied in three different ways 1. Studied through the nature of the legislative and judicial process a. Law on the books 2. Studying the social organization of the legal system through which newly constituted crimes result in arrests, prosecutions, and convictions a. Law in action 3. Importance of studying how newly constituted crimes become part of popular consciousness about the nature of legal and illegal behaviour a. How new laws become “legitimate” Categorization – The differentiation and sorting of persons or things into groups or categories Construction – How certain meaning become built in to the way people talk and think about our world Dr. Barrington Walker – The African Canadian Legal Odyssey Racialization – Process by which previously non-racially defined groups were labelled and differentiated on the basis of physical and/or geographic characteristics Critical Race Theory – An approach that centers scholarly analyses on processes of racialization, historically and in the present, tracing the structural and individual effects of racism in politics, economies, law, culture, etc. The legal history of Black Canadians is characterized by a journey from slavery to citizenship, marked by significant legal battles and activism. Colonial Era and Slavery o Black individuals were brought to Canada as slaves, with legal frameworks supporting slavery through both positive law and customary practices o The legal status of Black people were ambiguous; while they were recognizes as property, their humanity and rights were often overlooked Post-Emancipation (Post-1833) o Following the abolition of slavery in 1833, Black Canadians were legally free but faced systemic discrimination and social inequalities § Employment discrimination and wage gaps § Access to quality education § Racial segregation in the housing market § Overrepresentation in the criminal justice system § Racial profiling § Health disparities § Political underrepresentation § Stereotyping and bias § Cultural misrepresentation o Although they were full citizens on paper, the law did not guarantee social equality, leading to continued marginalization Civil Rights Movement o In the mid-20th century, Black Canadians began to organize collectively to challenge discriminatory practices and seek equal access to public service accommodations Immigration o Canadian immigration policies were racially exclusionary, particularly against Black individuals o Activism led to significant changes in the 1960s Human Rights Legislation o The establishment of the Canadian Charter of Rights and Freedoms in 1982 and various human rights codes provided legal protections for minority groups Legal Personhood – A legal entity with the ability to enter into contracts, own property, etc. Natural Person – A human being, that may not be considered a legal person Juridical Person – A (non-human) corporation, agency, etc. that has a status of being a ‘legal person’ for the purposes of legal recognition Racialization Historical Context  o Legal frameworks and societal norms have racialized Black individuals, positioning them as outsiders despite their formal legal status as citizens. o This illustrates how racialization has been embedded in the legal system and societal attitudes since the era of slavery and beyond Judicial Reluctance o While laws may appear to provide equal rights on paper, the courts may not adequately address the underlying social and economic inequalities that affect marginalized groups o Evident in the courts’ failure to recognize systemic racism as a pervasive issue. Instead of recognizing how historical and institutional factors contribute to the marginalization of Black Canadians, the judiciary may treat cases as isolated incidents Economic and Social Inequalities o Black Canadians often face significant barriers in the labour market, including higher rates of unemployment and underemployment compared to their white counterparts o Black students may encounter systemic biases within the education system, including lower expectations for education, limited access to advanced courses, and a lack of representation in criteria o Black Canadians often experience poorer health compared to the general population Ongoing Struggles of Equality o Stereotyping, discrimination, and exclusion from mainstream narratives Constance Backhouse Viola Desmond Life o Part of a prominent, middle class Black family in Halifax, Nova Scotia o Desmond was a successful entrepreneur, operating. Beauty salon and training school for black women The Roseland Theatre Incident o On November 8th, 1946, while travelling for business, Desmond’s car broke down in New Glasgow. She decided to watch a movie at the Roseland Theatre, where she was denied access to the main seating area because of her race. Instead of complying, she chose to sit in the whites-only section, leading to her arrest Legal Battle o Desmond was charged with tax evasion for not paying the one-cent tax on the ticket she purchases. o Her case highlighted the systemic racism in Nova Scotia and sparked outrage within the Black community. Legacy o Viola Desmond’s stand against racial segregation is often compared to that of Rosa Parks in the United States o She became a symbol of resistance against racial injustice  o In 2010, she was pardoned for her conviction, and in 2018, her image was featured on the Canadian $10 bill, making her the first Black woman to appear on Canadian currency Week Six – Jurisdiction and Indigenous Urbanism Mariana Valverde Jurisdiction – The power, right, or authority to interpret and apply the law; a matter that falls within the court’s jurisdiction; the authority of a sovereign power to govern or legislate Path Dependence o Valverde highlights the idea of path dependence in jurisdictional decisions Interplay of Legal and Extra-Legal Factors o The text emphasizes the need to analyze jurisdiction not only through legal technicalities, but also through social relations of power o It suggests that understanding how jurisdiction operates requires examining the extra-legal contexts and the social dynamics that inform legal claims and disputes ~It may be useful to think about Indigenous Governance, Indigenous Rights, and Indigenous Legal Orders/Traditions as having/being of their own jurisdictions, and their own scales. Not ‘between’ provincial and federal, for example, but having their own mode and quality Week 5 – Categorization, Racialization, Citizenship Neda Maghbouleh “Being White” Ethnic and Racial Self-Identification o American high school students, navigate their racial identities through various institutional processes § Students are often required to categorize themselves racially on forms and applications § The institutional requirement can create tension for students like Roya, who may feel that the categories do not accurately reflect their lived experiences or cultural background o Roya faced experiences with teachers and counsellors who insisted on her identification as white § Despite being categorized as white, she encounters racism and exclusion, which complicates the self-identification and sense of belonging Racial Categorization o Iranian Americans are often categorized as “White/Caucasian”, which includes individuals from Europe, the Middle East, and North Africa, leading to confusion and frustration regarding their identity Social Exclusion o Iranian American youth, like Roya, encounter bullying and harassment in schools o These experiences are often rooted in their physical appearance, cultural practices, or perceived differences form the dominant white norm o Institutional barriers, such as teachers not recognizing the unique challenges faced by Iranian American students, leads to a lack of support and understanding Legal vs. Social Whiteness o Explores the distinction between being classified as white de jure (legally) and white de facto (in practice) § Legal whiteness refers to the formal classification of individuals as “white” within legal frameworks, such as immigration laws, census categories, and civil rights legislations § Social whiteness refers to the lived experiences and perceptions of individuals within society; it is shaped by societal attitudes, stereotypes, and power dynamics o Iranian Americans exemplify the paradox of legal versus social whiteness, while they may be classified as legally white, their experiences often reflect social exclusion and discrimination Boundaries of Whiteness o Whiteness is not merely a racial category but a social construct that encompasses a set of privileges, cultural norms, and societal expectations o Defined by social and cultural markers, such as language, religion, and cultural practices  § Iranian Americans may face challenges to their whiteness due to their cultural heritage, which can be perceived as “other” in predominantly white spaces “Being Brown” Racial Identity Formation o For Iranian Americans, cultural practices, language, and traditions contribute to their understanding of what it means to be Iranian and how that intersects with their racial identity o Many Iranian Americans identify as “brown” rather than strictly “white” Experiences of Discrimination o Iranian Americans face discrimination and racial profiling, which can lead them to embrace a “brown” identity o Highlights the impact of post-9/11 sentiments and Islamophobia on their experiences Cultural Connections o Shared experiences with other marginalized groups contributes to a sense of solidarity Rejection of Assimilation o Many Iranian Americans expresses skepticism towards the idea of assimilation into mainstream white culture § Challenges the notion that one must conform to be accepted o Resistance to assimilation and stereotypes can manifest in various ways, such as engaging in activism, forming alliances with other marginalized groups, sharing personal narratives, and participating in community outreach. Week 4 – Law in Action – Community Regulation Law in Action – Considers how laws are implemented, how people think about law, how some people seem to be ‘outside the law’, and how people sometimes act ‘extra-legally’ Bryan Palmer Charivari Traditional folk custom that involves a noisy and often disorderly protest, typically directed at individuals who had violated social norms Served as a form of social control, expressing community disapproval Emerged as a social custom in Europe, particularly in France, during the late medieval period and became more prominent in the 17th and 18th centuries o Continued to evolve in the context of North American society throughout the 19th century Faced increasing opposition and decline as bourgeois values and more formal legal systems began to take hold in urban centers o Became more prevalent in lower-classes as it evolved, suppression came from the church and state, reflecting the desire to maintain social stability and control over the lower classes Dunsby & Howes Cultural Criminology – Provides a nuanced understanding of crime that goes beyond traditional legal definitions, incorporating the complexities of culture and social dynamics in the digital age Key Points Purpose o To explore public perceptions and experiences of online naming and shaming on facebook o To understand the motivations and implications of digital vigilantism Cultural Criminology Framework o The study employs cultural criminology to analyze how culture, emotions, and media influence crime and justice perceptions o Emphasizes the role of emotions in driving online vigilante actions, such as naming and shaming Methodology o Conducted a qualitative survey with 108 participants, primarily university students o Included 11 free-response questions and 24 multiple choice questions to gather diverse views on naming and shaming practices Vigilante – A self-appointed doer of justice Digital Vigilantism – Can be described as a citizen’s reaction to another person’s transgression of social norms in the online space Week 2 – Legal Consciousness Stanger-Ross & Blomley – My Land is worth a million dollars Historical Context o The article discusses the forced dispossession of Japanese-Canadians during World War II, when many were interned and their properties were seized by the government Letters as Primary Sources o The authors analyze a collection of 292 letters written by Japaenese Canadians protesting their loss of property Analytical Framework o The authors coded the letters to identify common themes, which revealed two principal branches of protest § Exchange (the market value of property) § Consent (the right to be consulted about property sales) Contestation Letters of Protest o The primary source of contestation is the collection of letters written by Japanese Canadians. These letters serve as a platform for individuals to voice their grievances against the government’s actions, challenging the legitimacy of the dispossession and the processes involved o The letters reveal a significant level of agency and refusal to accept the status quo Grounds for Protest o Market Value Disputes § Many letters contest the low appraisals assigned to their properties, arguing that the government undervalued their land and assets o Consent and Rights § A significant number of letters invoke the principle of consent, where property owners assert their right to be consulted about the sale of their property o Emotional and Cultural Attachments § Contestation is also expressed through the emotional and cultural significance of property Complexity of Loss o Many Japanese Canadians faced significant financial losses due to the forced sale of their properties at undervalued prices. Many had invested substantial amounts of time, money, and labour into their homes and businesses, which the government’s compensation did not reflect. o For many Japanese Canadians, their homes were not just physical structures; they were places filled with memories, family history, and personal significance Legitimacy The forces sale of property without consent or adequate compensation raises questions about the government’s authority and moral standing. The letters from the Japanese  Canadians express a sound sense of betrayal, as they believed that their rights as citizens were violated Week 1 Lesley Jacobs Legal Consciousness – How people understand and make sense of the law Legal Insiders – Individuals or groups who have privileged access to the legal system and are able to participate fully in its processes Legal Outsiders – Individuals or groups who lack access to or full participation in the legal system Legality – Refers to the quality or state of being in accordance with the law Silbey & Ewick Legal Situation o Millie faced a court order to complete 30 hours of community service due to failing to report an automobile accident and possession of an unregistered vehicle Conformity o Initially, Millie conformed to the legal requirements imposed by the court when she accepted the community service mandate. By acknowledging the court’s authority and fulfilling the requirement, she demonstrated a level of compliance with the legal system o However, her conformity was strategic, as she sought to navigate the legal landscape while maintaining her identity and values Contestation o By appealing her case, Millie actively questioned the legitimacy of the court’s decision that mandated her community service o This act of appealing signifies her refusal to accept the ruling passively and indicates her willingness to challenge the authority of the legal system Resistance o Millie’s actions exemplify her resistance through the proactive approach to the community service requirement. By exceeding the mandated hours and engaging in meaningful volunteer work, she resisted the notion of being merely a subject of legal punishment. Instead, she transformed the situation into an opportunity for empowerment and community engagement. o Her ability to turn a punitive experience into a positive one reflects the form of resistance against the constraints imposed by the legal system