Minorities In The Criminal Justice System Criminology Essay

Minorities In The Criminal Justice transcription of rules Criminology EssayThe importance of recognizing the fundamental concepts of issues in the Canadian culpable arbiter system is critical in the illustration of nicety to minorities p reddenedominately wispys and Aboriginal. nastys and Aboriginals cast been ch whatsoeverenged tenderly, economically and politically. In examining the Canadian reprehensible arbitrator system, it net be reason out there atomic number 18 gayy complications in attempting to justify the moment of a courtship. It is imperative to recognize if the Canadian judicial system is simply trusty for the oer internal representation of Blacks and Aboriginals in the justice system. This penning depart push show and critically analyze the flaws of the justice system. The processes of prosecuting an offender sometimes entrust on the jurors. The importance of selecting board needs to be further addressed. Thus, this paper volition examine different aspects of the Canadian criminal justice system in relation to the existence of racial disagreement.The foundation of Canada was formed by the Aboriginals continuing to the colonial revolution to become a multicultural country. provided the diverse flows that atomic number 18 existent in Canada stomach been in conflict. racial contrariety has lingered for countless years wherein complete abolishment will be undone providing marginalization and stereotypes atomic number 18 existent in ships company. It is noneworthy to recognize the rush along- link dark minorities experience deep down the criminal justice system. Though the different systems and procedures in the criminal justice system be designed to protect companionship, minorities argon practically challenged with stigmatization. Evidence from the Canadian fiat indicates an e trulywhere representation of minorities inside the criminal justice system to the extent that there be concerns regarding u nlawful convictions much(prenominal) as Donald marshall, Jr. Prevalent oppression of these races lead to the hardship of the justice system to be a reliable radical of equity to citizens, failing to build confidence.This paper will wrangle the importance of sightly and equal word in the justice system. The failure to recognize the sleaziness minorities encounter much resolutenesss in the constant work out of habitual disagreement. anti-Semite(prenominal) practices much(prenominal) as racial discrimination and racial profiling argon lock up customary at bottom the Canadian Criminal Justice constitution. The consequence of addressing this issue is having an im uncomplete mindset in the judicial system when a nonage is convicted. This issue preempt be addressed as systemic discrimination leading to the bothplace representation of Black and Aboriginal in prisons in Canada. The key atomic number 18as I will focus on be the pureness dominated instrument panel woof in rills involving minorities. I will examine if the criminal topics ar a result of systemic anti dispirited practices or if it is the complications inwardly those illustrations. In asset I will also analyze the reason wherefore there is an everywhere representation of Blacks and Aboriginals within the Criminal Justice System and if Canada violates the legislated human rights identified under the engage of Rights and Freedoms and possibly the Criminal Code.This paper will consist of as varietyed studies conducted to examine whether racial discrimination is existent in society. Many studies urinate been conducted to insure if racial prejudice is present done arrests and court systems resulting in the everyplace race of the prisons. In this paper I will analyze various sources of literature re experience, reports, articles, cases, theories and studies to enhance my arguments and persuade the reader to hold solutions to help edit the partial treatment in all levels of the criminal justice system.By addressing the fundamental issue in society it raises awareness of the doable solutions that bathroom be addressed. This is a topic of interest as I merchantman relate as a nonage. I hope to limit the partial practices in the Criminal Justice System. The analysis of criminal court cases much(prenominal) as R. v. Williams (1998), R. v. Khan (2004), R. v. Marshall (1971) will support my arguments regarding breathing mistreatment of heathenal minorities with the Canadian criminal justice system. I will also discuss that stigmatization of pitch- bares and Aboriginals are still prominent in straightaways society in the arrest and court processes. In this paper, I will explore why such injustice is still occurring and what r individuallys can be taken to smear stigmatization. I will draw attention to the various forms of injustice within the Canadian criminal justice system. Through analysis of extra cases I will draw attention to the t ypes of discriminatory practice that exist. I will also make recommendation on how to demote address the existing racism conundrums within the current justice system as addressing such mal practices are vital in improving the justice system.Historical Concepts of extendIt is vital to consider the historical backprimer of the racial backgrounds that will be focused on in this paper. It determines the fundamental cause of the problem today that matchs many lives. It is imperative to recognize the aspects that will facilitate for a better understanding of the outcomes of cases. In attachment this will confirm the challenges minorities fetch confront are still present today. Mosher (1998) has proved, The analysis of racial inequality in diverse historical contexts allows us to establish a perspective from which to view contemporary problems (p.28).Blacks in CanadaAs a result of colonialism, Canada has attracted immigrants from all everywhere the world including dulls. In 2006, data collected through surveys pur represent the inkiness community increased to over trinity quarters of a jillion approximate 783,000 (Wortley Owusu-Bempah, 2010). Though the population increased significantly from the earlier years, the representation of unrelentings within the Canadian population remains at 2.5%. The fateful population in Canada fails to be equally scatter in population distribution, as a result only concentrated in specialized cities. The migration of the black population is diversified from the country of origin with different composition of kitchen-gardenings, value and beliefs. The survey concluded Canadas black population suffers from economic and social evil (Wortley Owusu-Bempah, 2010).The progress of multiculturalism in Canada through the colonial revolution significantly touch on the black population. Historically dated, the prominent severe practice of slavery of black individuals was practiced in the united Stated and the Caribbean. None theless, Canada also had some sort of involvement. It has been evident in the ownership of slaves by six legislators of Upper Canadas original parliament (Wortley Owusu-Bempah, 2010). This illust rank the foundation of collectively placing the black population in social disparity from the beginning. Thus, the impact of disadvantage continues to the present day.The poor treatment of fresh elites towards the black population often denied the basic rights of individuals. The stigmatization of blacks led to separationism in school as well as public conduct along with limitations of owning properties (Winks, 2008). The hostile treatment of the uncontaminating population towards blacks was very lucid in comparison to to eld society. Although issues of racial discrimination fall in been addressed it is still implicitly prominent today.Stereotypical viewsThe historical perspective of the blacks in Canada can further illustrate the root of the problem of society today. The beliefs an d stereotypes that cook been the first off perspective of whites towards the black population nominate been instilled in individuals continuing to shake those set of beliefs. harmonise to a recent survey, results comport shown one troika of the Canadian population report macrocosm at least meagerly racist (Leger, 2007). The mentality that has been created about the black population being socially and economically underprivileged has found a way to make members of society believe they are continually being stigmatized. On the earlier years, whites have always had the upper hand in contrast to blacks, this has implicitly act by examining the members of the criminal justice system from the law force system to the members of the judiciary. As racial discrimination has formed in various ways from the beginning, it has had unbecoming affects on the black population of todays society and the law. Thus, the mentality from the slavery days have evolved and integrated into the ju stice system, affecting the method of serving justice to blacks.The issue of racial discrimination in Canada is a controversial topic. In contrast, the most common explicit evidence of racial discrimination is racial profiling evident through anecdotal accounts. The debate in Canada consists of the disbelief of the general public with focus on systemic discrimination that exists in the justice system and if there is equal access to services offered within the Canadian criminal justice system (Wortley, 2003). Canada in comparison to the United States lacks the resources for empirical evidence to further assess the amount of racial discrimination in the justice system. However, the minimal seek conducted has evidently illustrated the prevalence of discrimination within the black and prototypical Nation group of minorities.IndigenousFirst Nations suffered through a devastating history however one may not assume it has been completely stopped. Surprisingly, in the present day the mi streatment of police forces or other authoritative figures have not simply justify fair and equal treatment. Many scholars have attempted to national the kinship of the treatments of the criminal justice system through the communication processes (Roberts, Doob, 1997).Historically, Aboriginals were seen as a barrier to colonization and progress, as an outcome they were subject to unjust treatment and were forced to assimilate into Canadian life. They were also subject to convert from red men to white this was accomplished by forcing them into residential schools where they suffered a howling(a) amount of torture (Dickson-Gilmore, 2005). During this process, First nations have been stripped away of coating they were forced to surrender institute and degraded to the reserves while they were proscribed to have an Aboriginal model of family, social life and spirituality (Dickson-Gilmore, 2005). As Indigenous have been rejected culturally, socially and politically it is a alter f actor to why society has stereotypical views. As the mandatory attitude of Aboriginals on reserves, it has resulted in the constant use of drugs and alcohol as they are excluded from the rest of society.Aboriginals have suffered through a disadvantaged bypast from being stripped of all kinds of identity and being put aside into the reserves. It is very easy to stereotypically judge an individual. Players in the criminal justice system are also humans and are aware of the historically disadvantaged past of the First Nations. The assumption all Aboriginals are the comparable can affect the outcome of cases wherein an Aboriginal is involved. The stigmatization that has been established about the Indigenous continues to have in society today as it is evident in the criminal justice system.MediaThe media has become a significant influence on the general public. From the television shows, movies and news it has managed to instil current information, perceptions in the heads of its vi ewers and/or listeners. Prominently, the media will portray all the prejudicial characteristics of a certain race which leads to the creation of stereotypes. Studies have shown the preconceived ideaness of the Canadian media and the unfairness of media representations (Mahtani, 2001). Considerably, the media is a agencyful moderate to deliver knowledge to the public, selecting certain images of minorities to govern the publics perspective (Fleras and Kunz, 2001). As a result, pessimistic representation of minorities embarrasss stereotypes and beliefs such as threatening, deviant, and irrelevant to the construction of the nation. The negative traits of minorities depicted in the media automatically become the everyday perception of the public. It is noble-minded to see minorities on a television show, however if they are have on a show they are depicted as criminals or deviant (Mahtani, 2001). Thus, the images or the actions/role of a nonage depicted in the media is considered one sided portrayals or articles become reality in the minds of Canadians (Fleras and Kunz, 2001) in addition to deterrent of the stereotypes already created.The media often creates a picture of poor black men involved in drugs or violence. Chances of a successful black man being featured in a news dispel have decreased in the likelihood. The media generates a subliminal message of stereotyping black men. Focusing on a particular(a) race stories emphasizing certain characteristics and eventually transfers those characteristics into a social norm (Fleras and Kunz, 2001). In addition, Aboriginals who have claimed the kingdom of Canada primarily are also portrayed as alcoholics and violent individuals facilitating in the general stereotypes. These stereotypes are consumed in individual beliefs including the police and judicial system.According to Scot Wortley and Akwasi Owusu-Bempah (2010) media analyses have depicted Black people in Canada have a heightened regain of being portr ayed as criminal offenders rather than victims. The Black population have often complained regarding the news media and other forms of popular culture (film, music, etc.) about the portrayal often enhancing the stereotypes that already exists. This word-painting of the particular race usually places a strain on the treatment of the members of the criminal justice system. Scot Worley (2002) has performed extensive re bet within the Toronto star. In his findings, he discovered or so half of all stories depicting Black people are related to crime and violence, in comparison to 14% of its counterparts of white victims. In addition to the results, he also found that white victims received more media reporting than Black victims. These biases of large mediums affect an individuals sub consciousness.Treatments of minoritiesAccording to Nelson (2004), extensive research of the differential treatment of Aboriginals has been ongoing historically to present. A summarization of the results c onsists of uniform cases of confrontations between first nations and the police due to harassment, racism or aggressiveness through force to restrain the fighting of Aboriginal groups for treaty rights and land claims. Government has imposed solutions in an attempt to reduce imprisonment rates for First Nations. The method of restorative justice is encouraged to decrease the over representation of Aboriginals in the entire Criminal Justice System (Nelson, 2004).In addition, scholars have also studied the perception of police and interactions with the black community. hydrogen Hastings (1996) has conducted a research of how criminal activities are racialized resulting in the confirmation of negative perceptions affecting the treatment of blacks in the criminal justice system. chart above (Wortley Owusu,-Bempah, 2009, Unequal before the law Immigrant and racial Minority Perceptions of the Canadian Criminal Justice system http//www.springerlink.com/content/036768l1221r238m//fullte xt.htmlFig2) Percent of respondents who believe that a black person would receive a harsher sentence than a white person convicted of the same crimeThe chart above is a depiction of the confidence of the general public in the justice system. As previously mentioned, the perceptions of society towards the Black population have not changed. As a result a survey has been conducted based on perception of three major ethnicities White, Chinese and Black. The public beliefs of mistreating Blacks had forced the police enforcement to implement the mood of designing strategies to eliminate or reduce the belief of targeting racial minorities. An action plan of recruiting minority groups in the police force has been implemented. Evidentially, these anti-racism programs have not been well examined, due to the significant amount of increase still prevalent in this survey. Stenning (2003) has tell, if such efforts are effective, perceptions of racial bias in policing and the courts should have decreased significantly over the past 10 to 15 years.racial ProfilingA prominent form of racial discrimination is racial profiling. Evidence of surveys conducted still find racial profiling to be a common problem. An academic literature definition of racial profiling is define as significant racial differences in police stop and search practices, significant racial differences in Customs search and interrogation practice and particular under or sting operation which target specific racial/ethnic communities (Wortley Owusu-Bempah, 2010, p.17). Various studies conducted in the United States, Great Britain and Canada have all concluded that Black people have an increased chance of being stopped, questioned and search by the police (Tanovich, 2006). This issue has been brought to the attention of the Ontario military personnel Rights Commission in 2003 with a compilation of detailed testimonial from over 800 individuals in Ontario with a volume composition of black felt they have be en a victim of racial profiling. If racial profiling exists it is evident that racial discrimination also exists and is somewhat visible in the justice system. Racial profiling within in the society by police, at every level of the justice system influences the statistical information of minorities in the Canadian criminal justice system.Players in the Criminal Justice SystemThe invoice of the over representations of black and Aboriginals in the criminal justice system can simply be explained through the thorough analysis of the judicial system. Canada was earlier established in a Eurocentric focus presently continuing justifying the flaws of the criminal justice system and the ignorance towards minorities. The limited representation of minority in the judiciary contributes to the factor of the lack of recognition of minority needs. Essentially, it is vital to implement affirmative action in the courts to avoid stigmatization of race (Crenshaw, Gotanda, Peller, 1995). In addition , in the event of final decisions in court, majority of jurors selected are of a white decent while the criminal offender is often black or Aboriginal with programmed stereotypes. As a result, jury decisions often discard blacks and Aboriginals creating the over representations in prisons.By examining the judicial system it is easy to conclude the racial consistency is prominently white males. This reflects not only the European colonization in early years but the current elderly society. According to Hamalengwa (2003), a white lawyer had stated, bringing the racial animus in a criminal case will alienate the judge, police, prosecutors and the jury, all of whom are most apt(predicate) White and will likely regard a conviction (p.9). The credibility of this statement is accurate as it is a primary source. When the issue of race is raised in the court systems, it is often denied the attention and action for equal justice of minority groups such as Aboriginals and BlacksPoliceAcc ording to Parker et al (2005), there has been sufficient evidence to conclude police have an increased likelihood of making arrests in cases involving whites compared to non white victims as well as scenarios with a white victim and a black offender. These results show that whites are much more favourable within the justice system emphasizing on the higher value displace on them in comparison to blacks. Further analytical examinations of police biasness of whites during arrests have been studied. In Toronto during the period of 1996 throughout 2001 there have been 10,000 arrests involving drug possessions which was comprise of 38% of black suspects and 23% whites. All impeach persons were taken to the police station for report processes. However accused white individuals were likely to be discharged in contrast to black individuals who were most likely to be detained overnight for a bail hearing.As there is an overwhelming over representation of Aboriginal people in the criminal justice system, over and under policing contribute to these statistics (Rudin, 2005). Over policing refers to the practice of policing targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods (Rudin, 2005, p.1). This results in the police structuring a different approach towards Aboriginals with the assumption they are violent, dangerous and more likely to be involved in criminal activity. In contrast to the over policing, Aboriginals are underrepresented to being victims by police. This a reflection of the government who often disregard the Aboriginal rights claims and ignore the hurt they continue to experience (Rudin, 2005).Though there have been collective efforts to strategically reduce racial bias in the justice system, it is still questionable whether it is demonstrablely effective. One of the approaches that has been recently been put in effect is minority recruitment. It is the idea of hiring minorities to diversify polic ing and the other sectors of the justice system (Stenning, 2003). Results of this strategy have improved in diversifying the police. In 1994, the police force was composed of 6% minority members compared to the significant increase in 2009 to 19% (Wortley McCalla, 2008). Diversity has evidentially been proven to exist as the two out of the four Deputy Chiefs are black as well as the September 2009 graduates reported to have been the most multicultural class of recruits (Wortley Owusu-Bempah, 2010).As the police are creating a racially diversified environment there is no guarantee that minority members are free of racial discrimination in the work force. The problem of racial discrimination will be difficult to completely eradicate, considering the historical aspects of Canada and the existence continuing into the workforce. Police are a vital inconsistent to consider when dealing with the racial background of one of the primary source for arrests and convictions. As mentioned pre viously, the police force had been historically composed of a majority of white racial background until recently creating bias to those minorities from internalized beliefs.JurorsCritical airstream Theory was created in the 1970s acknowledging racism adopting the ideology from the United States. It is a socially constructed concept attempting to show the structure of law including antidiscrimination law cooperative and facilitating racism (Aylward, 1999). The implication of the Critical Race Theory intensifies the application of power within the criminal justice system. Initially, the aims and objectives of the Critical Race Theory emphasizes on race and power. It fundamentally deconstructs society by categorizing racial hierarchies. However, the recognition of racism reproduces inequality, further minimizing minority rights. The concept deconstructs position of minorities while reconstructing juror bias (Aylward, 1999). In the Canadian context critical race theory is often applie d to the races that are more prominent to racial discrimination, Blacks and First Nations. control panel SelectionIn addition, the jury selection process is most likely to reflect the judiciary representation. National Law Journal conducted a study containing a sample of 800 jurors, 42% were White jurors in contrast to the 25% of Black jurors teaming up with the police officers rather than defendant present in the case (Hamalengwa, 2003). In circumstances of cases wherein race is involved, it is often a minority attempting to indict a representative of the criminal justice system such as the police with an all white jury. The study observed that jurors are more biased by empathizing with victims of their own race and lenient of defendants of the same racial background (Hamalengwa, 2003). Thus, to achieve an equal administration of justice it is all-important(a) to select a racially entangled jury.In the case of R. v. Williams jury selection depicted the flaws of the criminal just ice system. Victor Daniel Williams, an Aboriginal accused of a robbery charge denied accusations. At the primary test, the judge permitted questions posed to electromotive force jurors. As a result of this, the Crown had applied for a mistrial on the basis of procedural errors and the ill-starred publicity of the jury selection process (R. v. Williams, 1998). At the second trial the judge had dismissed any motion from the accused. In conclusion of this trial the court had admitted to the widespread of discrimination against First Nations within the community.In cases where the defendant believes the jury might have prejudiced towards the particular race such as Aboriginal, the prosecution and defense mechanism have the right to challenge potential jurors for cause on the ground of partiality (R. v. Williams, 1998). Questions the defendant may conduct the potential jurors whether they have already possess a prejudice towards the racial group altogether if so, if it is possible f or the jurors to make decisions without the bias they posses. The case was a lengthy process of represent why the jurors were questioned as it is presumed that jurors will berth without biasness. Counter arguments have stated it if the prejudice of society is widespread how are the jurors able to remove it for the trial defeating the purpose of section 638(1)(b) (R. v. Williams, 1998). As the case concluded, extensive bias continues to incite against Aboriginals. In contrast, British Columbia and the attendance judge held the evidence was not sufficient to determine potential jurors prejudiced.The R. v. Williams case has depicted the outcome of jury bias. However, this could be further prevented if the jury selection process was racially mixed with different backgrounds and a variety of perspectives. The outcome of the case would differ greatly. This case could be referred back to the stereotypes instilled in individuals. The general public assumes Aboriginals and prisons are e verlastingly correlated. The implication of this stereotype can be further expanded to the dotty and lack social and moral order essential in society (R. v. Williams, 1998).In the case of R. v. Williams jury selection depicted the flaws of the criminal justice system. Victor Daniel Williams, an Aboriginal accused of a robbery charge denied accusations. At the primary trial, the judge permitted questions posed to potential jurors. As a result of this, the Crown had applied for a mistrial on the basis of procedural errors and the unfortunate publicity of the jury selection process (R. v. Williams, 1998). At the second trial the judge had dismissed any motion from the accused. In conclusion of this trial the court had admitted to the widespread of discrimination against First Nations within the community.In cases where the defendant believes the jury might have prejudiced towards the particular race such as Aboriginal, the prosecution and defence have the right to challenge potential jurors for cause on the ground of partiality (R. v. Williams, 1998). Questions the defendant may ask the potential jurors whether they have already possess a prejudice towards the racial group altogether if so, if it is possible for the jurors to make decisions without the bias they posses. The case was a lengthy process of arguing why the jurors were questioned as it is presumed that jurors will function without biasness. Counter arguments have stated it if the prejudice of society is widespread how are the jurors able to remove it for the trial defeating the purpose of section 638(1)(b) (R. v. Williams, 1998). As the case concluded, extensive bias continues to uphold against Aborginals. In contrast, British Columbia and the attending judge held the evidence was not sufficient to determine potential jurors prejudiced. Though, the case itself was based on the conviction of robbery, it is imperative to note and understand the trials by judge and jury as there is an increased likeliho od the outcome of the case is based on systemic discriminatory practices.Systemic favoritismIt is not surprising to see the prominent race in Canadian prisons consists of the minority groups that are often faced with obstacles. Both Blacks and Aboriginals have suffered through a disadvantaged history mirroring the result of how they function in society leading them to prison. However, as these groups are prone to committing more criminal activities in comparison to other races, the partial verdicts of judges and jurors are significantly influenced. Hence, it results in the over representation of Blacks and Aboriginals in Canadian prisons.Canadian Prison SystemThe table below illustrates statistics of the composition of the Canadian prison system. It can be concluded through examination of the charts that Aboriginals and Blacks have the greatest amount of incarceration into prisons. The general population of Blacks and Aboriginals composed in society compared to the ratio that are i ncarcerated have significant differences and make up majority of incarcerated individuals. The over representations of these particular races in the prison system can cause the general population to question the justice system. Inevitably, factors to consider when analyzing this chart include the consideration of the actual crime committed or the injustice of the courts to properly provide justice to offenders due to racial bias or discrimination.The Representation of Ethno-Racial Groups in Canadasfederal official Corrections System (2008)RacialBackgroundNational universe of discourse1% of NationalPopulationFederalCorrectionalPopulation2% FederalCorrectionalPopulationOddsproportionRate ofFederalCorrectionalSupervision(per, 100,000)White25,000,15580.015,15766.60.8360.62Aboriginal1,172,7853.83,89417.14.50332.03Black783,7952.51,6847.42.96214.85Asian32,090,3906.76682.90.4331.95South Asian1,262,8654.02161.00.2517.10Other931,0403.01,1275.01.67121.04TOTAL31,241,030100.022,746100.01.0072.80 1 Population estimates for each racial group were derived from the 2006 Census (Chui and Maheux 2008).2 2008 Federal correctional statistics include those in prison and those under community supervision (Public Safety Canada 2009).3 The Asian category includes people of Chinese, Japanese, South-East Asian, Korean and Filipino descent.4 The Other category includes people with multiple racial backgrounds.R. v. Marshall (1971)Donald Marshall was an average seventeen year old. As a youth, it is more likely to get in trouble with the law for petty crimes such as consumption of alcohol or smoking. He was the typical young man who would break the law and