Convictions of Adult Offenders in Canada On Sept. 16, 1995, after fatally stabbing her husband as he slept, 19-year-old Jamie Tanis Gladue shrieked: "I got you...bastard." In addition to getting her husband, however, Mr. Gladue disregarded the rule of law.
In the course of confirming Ms. Gladue's sentence of three years for manslaughter -- only six months of which were served behind bars -- the Supreme Court of Canada scolded the trial judge for not giving due attention to the killer's "Indianness." This ruling follows the guidelines within section 718.2(e) of the Criminal Code, stating that
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Yet no one argues that is because men suffer from systemic sexism in the criminal justice system. Men commit disproportionately more crimes.
Yet the court did not even examine whether natives were more or less likely than non-natives to commit crimes -- surely the first step in any serious inquiry. As it happens, if the court had tried to discover this, it would have had great difficulty. The federal Department of Justice has conspicuously dodged this politically explosive question -- while spending millions of dollars on studies documenting abuses that befall aboriginals once inside the criminal justice system.
What little data exist (which the court did not consider) show that rates of incarceration for aboriginals may not be out of line with their rates of crime. In 1995, the Canadian Centre for Justice Statistics completed a three-city study on police-reported crime. It found that natives were nearly five times as likely as non-natives to commit a crime in Calgary; 10.5 times as likely to do so in Saskatoon; and 12 times as likely in Regina. And these figures undoubtedly underestimated the rate of native participation in crime because police officers only listed as "native" those carrying proof of their treaty status at the moment of their arrest.
Similarly, in 1991, the Aboriginal Justice Inquiry (ACI) of Manitoba reported that reserves were experiencing as
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how
The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government
Canada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.
Childhood is a time in which memories are created, adventures are explored and social awareness begins to develop. The events that occur during childhood are pivotal in the development of a healthy and substantial life. However, what if those experiences were taken from a child? What would the outcome be if a child could not experience what it is like to be young? Juvenile incarceration strips a person of their childhood and essentially takes away the experiences necessary for them to develop into healthy functioning adults. Even though juvenile incarceration is an effective method of punishment for those who have committed heinous crimes, the justice system should not convict children and adolescents as adults because of the child 's circumstances that lead to the crime as well as the disastrous effects it causes on the mental and emotional state of the child.
A lot of Canadian youth face issues such as living in poverty, living in violent neighbourhoods and sometimes that leads to them becoming young offenders. In order to help these youth become positive contributing parts of Canadian society the impact that the Youth Criminal Justice Act and the Safe Streets and Communities Act has had on them must be studied. Therefore this essay will address the questions of whether the purpose of the legislation we have to deal with youth offenders is to rehabilitate youth or punish them, and whether or not the method being used by the Canadian government is effective in allowing young offenders to create and lead a stable life after being released from jail. This paper will argue that the main goal of the
There is no question that if a person is involved in any type of crime they will at some time make their way through the justice system. However, when that person is an adolescent they will go through the juvenile justice system, as an adult would go through the adult justice system. Even though the crimes of each can be of the same manner or hold the same severity the punishment results can differ.
In the final scene when Louis Levy speaks of the capacity of love I feel he is saying that we as humans have this natural need for an emotional attachment in order to feel complete as a person. Everyone on this earth is looking for love and acceptance and this starts from birth. A baby requires love, attention, physical touch and maternal nurturing along with biological needs in order to survive. This is carried on throughout out a person’s life. If one can look back as far as possible into their childhood they will come to find that love from another being is essential to growth because this will be the basis of what kind of adult you will grow
“It’s really clear that the most effective way to turn a nonviolent person into a violent one is to send them to prison,” says Harvard University criminologist James Gilligan. The American prison system takes nonviolent offenders and makes them live side-by-side with hardened killers. The very nature of prison, no matter people view it, produces an environment that is inevitably harmful to its residents.
Introduction: Recidivism or, habitual relapses into crime, has time and time again proven to be an issue among delinquents, which thereby increases the overall juvenile prison population. This issue has become more prevalent than what we realize. Unless a unit for measuring a juvenile’s risk of recidivism is enacted and used to determine a system to promote effective prevention, than the juvenile prison population will continue to increase. Our court system should not only focus on punishing the said juvenile but also enforce a program or policy that will allow for prevention of recidivism. So the question remains, how can recidivism in the juvenile prison population be prevented so that it is no longer the central cause for increased
Shock probation is an intermediate probation where the offenders are initially assigned to secure confinement, but are later removed from detention and sentenced to serve the remainder of
Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is
The data for this project was collected by administering an anonymous survey to incarcerated juveniles at (name of facility), the (name) receiving center and at the NAACP office in Sacramento, California. The survey asked for gender and parental status (incarcerated versus not incarcerated). Participants were given a paper survey and a pencil to complete the survey. See Appendix for a copy of the survey.
The number of women incarcerated is growing at a rapid pace. This calls for a reevaluation of our correction institutions to deal with women’s involvement in crime. Increasing numbers of arrests for property crime and public order offenses are outpacing that of men. The “War on Drugs” has a big influence on why our prisons have become overcrowded in the last 25 years. Women are impacted more than ever because they are being convicted equally for drug and other offenses. Female criminal behavior has always been identified as minor compared to Male’s criminal behavior. Over the years women have made up only small part of the offender populations. There is still only a small
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian