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The process of jury selection is biased and continues to be biased towards non-minorities. The jury rarely represents minorities in the community which is linked to racism in the conviction of minorities who are more likely convicted then not. The persistent denial of racism in the courts by judges and lawyers is the reason why racism still continues to exist.
Racial minorities are treated differently when going through the criminal justice process especially by judges, lawyers, and defense council. They experience sentencing disparities, inadequately prepared lawyers, and even downright refusal of charges and racist comments and racially biased views from those working within the justice system.
If we were to look at what goes on in the Judicial System, there is clear evidence that Canada is indeed still racist in their treatment of minorities during the judicial process. Since judges, the defense counsel, justices of the peace and crown attorneys working in the judicial system are considerably Caucasian, and most hold racially biased views even when they are not supposed to, many racial minorities have a high distrust and hostility towards Canada’s Justice System.
Here are some general examples from studies (Equal Opportunity Consultants, Report of the Commission on Systemic Racism in the Ontario Criminal Justice System) as to how racial minorities have been treated at the hands of these people:
• A frequent complaint is that counsel often advises the racialized and indigenous peoples to plead guilty either because “no one will believe your story” or to expedite (speed up) a case
• Another frequent complaint is that both the crown and the defense counsel often have not adequately prepared their cases involving racial minorities
• Some judges make racist comments from their bench
• More black people were sentenced than white people
• Whites who were found guilty received more lenient sentences than blacks, even though they were more likely to have a criminal record or a record of more serious offences
• 16.9 % of inmates in federal prisons are aboriginal even though aboriginals represent only 3.9 % of Canada’s overall population
During the jury selection process minorities are rarely chosen to be a part of the Jury. More minorities are charged of crimes then non-minorities, this is related to the lack of representation of minorities within the jury. There is a great deal of denial within the justice system about racism by the courts, judges, and lawyers. Due to the fact that they are not properly educated about racism, what it may look like, and how to prevent it within the system so they try and ignore it. . When it comes to politics racism in the courts is rarely touched on by any political party because it is easier to claim that it does not exist then to actually try and fix the issue which creates more ignorance within society.
Why do you think more minorities are incarcerated yet more Caucasians commit crimes?
Do you think people who work in the justice system choose to deny that racism exists in the system or do you think that they really do not believe it exists because they lack the education? Why or why not.
In chapter five of “Color of Democracy," by Frances Henry and Carl Tator, racism in the judicial system is discussed. Discrimination towards certain ethnic groups is apparent in all aspects of the justice system including jury selection, court processes, trials, convictions, sentencing and bail. The chapter goes on to talk about jury selection processes and the bias towards certain ethic groups. Racism in the justice system is prevalent today because of various aspects including differential treatment, specifically in the granting of bail and sentencing disparities. Minority groups have a lack of representation and racially biased attitudes are expressed in the legal system. The majority of people who work in the legal system are Caucasian. . The unfair treatment of racialized minorities is seen in Canada's justice system. Despite the fact that those working for the justice system should be unbiased, racial minorities still experience racism at the hands of the justice system. They are treated differently and unfairly to the point that they fear and distrust Canada's justice system. Most people believe that the judges, the defense counsel, the crown, and even lawyers harbor racially biased views and attitudes toward racial minorities. In the justice system there is always denial about racism from lawyers, judges, jury selection and conviction. They refuse to acknowledge the fact that racism exists, and the lack of training throughout the judicial system continues to allow racial discrimination and racial profiling. In order to stop racism the judicial system needs to confront racism and educate the individuals working in the court system.
Canada’s justice system tries to provide fair processes that distribute “justice” regardless of race, culture, creed, national, and ethnic origin. Despite this principle, the justice system does not deliver its promise of equality to racialized and indigenous peoples. They experience differential treatment in the court, such as granting of bail and sentencing disparities, lack of minority representation, and racially biased attitudes.
The police not reporting an individuals race may seem positive because their race is not a factor within their case, but if you go beyond the surface and critique the situation we can see that by restricting the persons race, it leaves the public unaware of racial profiling within the justice system.