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Diversity and Criminal Justice

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jessica horwood

on 30 October 2012

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Transcript of Diversity and Criminal Justice

By: Jessica Horwood, Vit kaneshalingham, Bevan Rudanycz, Wesley Ho, Stacey Bien-Aime, and Justine Mrowiec Diversity and Criminal Justice Introduction: Article Jessica Vit Chapter 1: Bevan Chapter 2 Stacey Chapter 3 Justin Conclusion wesley question question question question The overall idea of this article is that judges need to “learn to unlearn some of the negative stereotypes they hold about racialized individuals and begin to apply bias free legal logic” (Crichlow, 43). There is a growing number of visible minorities within Canada’s metropolitan centres. Racism can also be defined as a failure to act when racialized groups are discriminated against. The “sword versus shield” dichotomy describes whether the judiciary should act as a catalyst for social change or if it should put minorities in desperate positions (Crichlow, 48). There is an overrepresentation of minorities in the Justice system. This includes over-policing of racialized groups. The prison system caters to White Euro-Canadian norms (Crichlow, 52 The case of R v. R.D.S. This case is used to illustrate how Judge Corrine Sparks, a black judge ruled that R.D.S., who was charged with assaulting a police officer, was innocent. Criticisms What is diversity? Diversity is the degree of socially meaningful differences among and between individuals, groups, communities, cultures, and societies. As an empirical measure, diversity is neither a positive nor a negative attribute. There are main factors that influence diversity: The main factors are: -Gender
-Sexual Preference Welcome to our presentation. 5 Major Issues in Diversity -Diversity not "black or white"
-Socially meaningful differences
-Diversity is a characteristic of individuals and the different level of groups to which they belong
-Diversity can be measured
-Diversity is a social fact. Discussion:
What creates diversity? Social Stratification Classification of the groups made by society, which are then placed on a hierarchy ranking of social class.
These classes are made from two types of statuses:
-Ascribed Status: social characteristics that describe status, which are beyond the individual's control.
-Achieved Status: valued qualities that the person has a degree of control over. Diversity Creates Social Inequality Other Theories Karl Marx
Max Weber
Feminist Theory Suggests Minority Group A group of people who, because of their physical or cultural characteristics, are singled out from the others in society in which they live for differential and unequal treatment and who therefore, regard themselves as objects of collective discrimination Socially Inequality is maintained through: Prejudice
Creates Social Constructs •The rights of individuals are essential to procedural justice
•Restorative Justice: seen as an alternative to retributive justice.
•an approach to problem-solving that involves the victim, the offender, their social networks, justice agencies, and the community
•Tying it together: It’s not correct to say that one form of justice is “better” than the other. At different stages in our history, some form of Human justice has had a greater influence than others. Each theory has helped shape and evolve our system of justice. Diversity nowadays is a big part of our society compared how our country was in the previous years. Diversity has to be respected no matter what kind of situation you are in. Another big part is that it has to have a universal value. With the important aspect of law making and judicial decisions, these factors must have diversity, as we have illustrated in our presentation, we would not be able to call our society a fair society if we didn’t have diversity. What is diversity? Can we move away from racial profiling? Natural Justice: Must first understand the concept of natural law. Some guidelines separate humans from other forms of life. Not created by humans.•Two primary rules in natural justice: all parties must have the opportunity to speak, administration of law must be objective and without personal bias•Retributive Justice: “known as the theory of punishment” (Griffiths and Cunningham) Based on the idea that society is harmed when crime is committed, and punishments must be implemented to maintain balance in society •Distributive Justice: core principles are equality and fairness, linked to the ideal of a meritocracy•This is criticised because this is not a realistic view of society, rewards and penalties are not distributed in a fair manner•Forms of distributive justice: legal aid, conditional release, probation and intermediate sentences•Procedural Justice: if the rules and procedures are fair, then the outcome of justice shall be fair Is diversity a positive or negative attribute to communities? Is our current court system fair and just for all citizens in Canada? And if not, explain why. What is racial profiling? •Racial Profiling: Ideology that people, based on the colour of their skin and culture, are more prone to being suspects of deviant behaviour. Racial Profiling in Law Enforcement •In 2002, the Toronto Star conducted a study on which racial groups were more likely to be targeted by law enforcement. The study revealed that Blacks were most often targeted for suspects of deviant behaviour. Due to this it increased the likelihood to be mistrusted citizens of society, Blacks are, more than other racial groups are charged and subject to cruel treatment by law enforcers. Blacks are also less likely to be granted bail prior to trial. •Racism in America (Aware that this is an American clip but pertains to Canada as well) Racial Profiling in Schools Racial Profiling after 911 •It is actually were it usually commences in a racial minority’s life.
•School-prison pipeline: When teachers or other education providers consciously or subconsciously funnel out which students will be better suited for higher education or deviant behaviour based on the ethno-racial characteristics.
•Racial minorities are already taught self-hate through the school-prison pipeline.
•Tight security measures are being taken now when trying to cross the border or overseas or trying to enter here in Canada and the USA. However, this “tightened” security seems to only be performed on Muslims. Race and nationality seem to get confused at this point. The more appropriate term would be “increased surveillance on Muslims” to better address the matter. The End. Diversity and Criminal Justice We are becoming more diverse. Is it a negative or positive thing? Are we actually making a good effort at criminalizing
the right people? We will be focusing on:
-What is diversity?
-Theories implementing the justice system; and
-Racial Profiling
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