Race relations in Canada
There is a widespread belief that race relations in Canada are characterized by tolerance and compassion, 1 however, one ought to sit down and speak with a racial minority group member before jumping to such erroneous conclusions. Canada's criminal justice system continues to be one of the most readily apparent examples of institutionalized racism. While Canada is a world leader in many fields, particularly in the areas of progressive social policy and human rights, our country is also distinguished as being a world leader at putting people in prison. 2 In a tolerant multicultural society one might hope that the prison population would represent considerable racial heterogeneity, however sadly, this is not the case. Racial minorities, particularly Black and Aboriginal people, are considerably and disproportionately over represented in Canada's criminal justice system, including Canada's incarceral institutions. Professor Tim Quigley suggests that the unemployed, transients and the poorly educated are all better candidates for imprisonment. When social, political and economic aspects of society disproportionately put both Aboriginals and Blacks in these ranks, our society literally sentences them to the jail. 3 Years of dislocation and economic development have translated for many aboriginals into low incomes, high unemployment substance abuse, loneliness and community
What Impact will Formalising Plea Bargaining have on Justice and Equality in the English Legal System?
What Impact will Formalising Plea Bargaining have on Justice and Equality in the English Legal System? Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to 'the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.'1 In other words it is an agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer by the prosecution or when the judge has informally let it be known that he will minimize the sentence if the accused pleads guilty. This essay will examine the history of plea bargaining in the English legal system, the current situation, compare our system to that in the United States of America and consider the impact of a formal system of plea bargaining on our legal system, justice and equality. Before the twentieth century, the vast majority of criminal cases in Anglo-American jurisdictions were disposed of by jury rather than by guilty plea. Guilty pleas were considered ill-advised, and empirical studies focusing on particular jurisdictions indicate that guilty pleas and plea bargaining in both the United States and the United Kingdom were relatively rare until the latter half of the nineteenth century.2 During the course of the eighteenth century, English criminal procedure underwent a
"If the Constitution is the source of governmental power, and the judiciary interprets the Constitution, then the judiciary is the most powerful branch of government" Discuss.
"If the Constitution is the source of governmental power, and the judiciary interprets the Constitution, then the judiciary is the most powerful branch of government" Discuss In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position. The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its
Examine recent trends in the use of custody in respect of juveniles over the last two decades, and consider the effectiveness of incarceration in relation to the problem of crime.
"Present government strategy for dealing with youth crime is centred on the use of custodial sentences" (Sale, 2002). This assignment will examine juvenile custodial trends, including statistical data and political issues, considering the arguments for and against the effectiveness of incarceration in relation to the problem of crime. The practice of holding young teenagers on remand in adult prisons overrides widely spoken belief (rhetoric) about the negative impact of jails on young people (Harker, 2002). For more than 20 years there has been concern about the use of custody for young boys, exacerbated by a series of scandals involving bullying and suicides. Despite evidence that prison conditions are conducive to abuse, self-injury and further criminal activity, successive governments have allowed the number of teenagers held in prison on remand to rise. The implementation of two new statutes; the Crime and Disorder Act (1998) and the Youth Justice and Criminal Evidence Act (1999) have resulted in an overhaul of the youth justice system in England and Wales. Under the 1998 Act, the aim of the youth justice system is defined as: "preventing offending by young people" (www.howard.league.org.uk). The new system is underpinned by an emphasis on early intervention and greater inter-agency working. An example of inter-agency working is the introduction of
Notes on Sentencing in British courts
Sentencing Magistrates = max two terms of six months. £5000 fine Crown = No limits. * Murder is mandatory life. * All crimes have maximum sentence. * Theft max 7 yrs. * No minimum sentences. * The Crime (sentences) Act 1997 - min sentences for persistent offenders. * C(S)A 1997 imposed mandatory life or second violent / serious crime. . Aims of Sentencing * Passing sentence J looks at sentence available + what they are trying to achieve in giving a particular sentence. The 6 aims and objectives are: . Retribution: punishment because they deserve it. Revenge. An eye for an eye. Retribution today based on idea each crime has a set tariff. A band which crimes fit into. A sentence is imposed within correct band. Bad because doesn't take into account mitigating factors. 2. Denunciation: this is a way of showing a particular crime or crime in general is considered heinous by society. E.g. drink driving. 3. Incapacitation: punishment serves a useful purpose. Prevents offender, re offending. E.g. death, loss of limbs, long prison sentences, tagging, curfew. Used to protect the public. 4. Deterrence: individual or general. Individual E.g. prison. May deter future actions. Though only if criminal thinks about consequences before committing. Usually drunk etc so do not. General deterrence hopes to deter others from following. Perhaps least fair way and least effective as
Why do young people join gangs and other subcultures? How does a criminal sub culture develop?
Why do young people join gangs and other subcultures? How does a criminal sub culture develop? Intro Criminal Justice Edward Pollack Human Services Year 2 Noo88646 Words 2783 Why do young people join gangs and other subcultures? How does a criminal sub culture develop? Introduction In this is essay I will be discussing why young people join gangs and sub cultures. I have used books and Internet sites to help me with this. The first part of the essay will be about young people joining gangs and sub cultures. I have also discussed about what gangs are and what sub cultures are. In the second part of the essay I have written about how does a criminal sub culture develops? I have broken the essay down is into short sections which will help me put my argument forward. What are gangs? The label gang has been applied to various groups including outlaws of the nineteenth century American West, prison inmates, Mafia and other organized criminals, motorcyclists, and groups of inner city youths. Despite its diverse application, the term gang almost always is involved in disreputable or illegal activities. Families (2006) A gang is a group of individuals who share a common identity and, in current usage, engage in illegal activities. Historically the term referred to both criminal groups and ordinary groups of friends. Some anthropologists believe that the gang structure is one
Psychological research has lead to a better understanding of crime in society, the legal system and in the field of forensic science.
Psychological research has lead to a better understanding of crime in society, the legal system and in the field of forensic science. Many changes have been made within society, to the legal system and in the field of forensic science because of evidence that psychological research has produced. The just world hypothesis is where individuals believe that the world is fair so they can maintain feelings of control over their own fate. An innocent victim suffering disconfirms this view, resulting in other individuals protecting their feelings of security by helping the victim or persuading themselves that no injustice has occurred, because the victim deserved their fate. Lerner in 1966 simulated a learning experiment where subject witnessed participants being given electric shocks. Some participants had the option of leaving the experiment, whereas other participants did not have this option. Lerner found that subjects formed a lower opinion of the victimised participants when there was no possibility of the victim opting out of the experiment. In 2000 Foley and Pigott found that, "When it is possible to compensate victims, we do not ascribe more blame to one victim than another, but the amount of compensation offered differs according to circumstances." (Angles on Applied Psychology, 2003, page 133) Positively, Learner's 1966 experiment explained why victims are
Describe the different aims of sentencing.
Law (a) Describe the different aims of sentencing. [15] Within the English legal system there are six different aims of sentencing. They will be considered when trying to place an appropriate sentence and will be present within that decision either alone or in combination. Retribution is one of the six aims of sentencing and is defined as the punishment inflicted in moral outrage or personal vengeance. Applied to law it simply means recognizing that the criminal has done something wrong and taking revenge on behalf of both the victim and society as a whole. Retribution is a priority in most sentences and In the White Paper of 1990, Crime, Justice and Protecting the Public, reference was made to the need for sentences to achieve 'just desserts', stating that punishments should match the harm done. Retribution is also based on the idea of tariff sentencing and that each particular offence should have particular guidelines as to what sentence to give the offender. An example of this is the case of R v Aramah (1983) where the different tariffs for drug offences were defined according to type, value and amount of drugs involved. However, many different factors surrounding the offence and the offender can affect the aim of retribution; for example, a criminal might be sent to prison even though the crime committed fits a non-custodial sentence as the offender might come from
Explain the ranges of sentences available to the judge or magistrate.
Law essay on Sentencing Explain the ranges of sentences available to the judge or magistrate. Sentencing is a process by which offenders are brought to justice in order to uphold the law. Sentencing, in criminal law is punishment that a court orders, imposed on a person convicted of criminal activity primarily with the objective to modify their behaviour and to get them to live inside the parameters of their society. Sentences typically consist of three categories, custodial, community sentences and fines. Magistrates and Judges are those who decide on an appropriate sentence for the offender. A magistrate can impose a sentence of up to 6 months imprisonment for one offence, and 12 for two offences, and up to £5,0000 fines. A Judge in the Crown Court however, has no such limits; they can compel up to life imprisonment and there is no maximum figure for fines. However, there are still restrictions. Each crime has for that type of offence set by parliament. For example, the crime of theft has a fixed maximum of seven years imprisonment. For some types of sentencing a judge can have complete discretion over, for instance, rape and manslaughter. The offender may be sent to prison for life, or given a shorter prison sentence. Murder is an exception, which carries a mandatory life sentence. In the British legal system there are three stages of sentencing. Firstly Parliament
Arguing in Favour of the Death Penalty
CRIMINAL JUSTICE Death in the Criminal Justice System Saura Jenson Kaplan College ________________ Death in the Criminal Justice System The death penalty is an issue that has been debated in the past for many years. In today’s society and in the future it is an issue that will continue to be debated over for many years to come. Some believe the death penalty should be abolished while others believe the death penalty should remain an open and often used option. Although there are things that could be changed in dealing with the death penalty, it should not be completely abolished. The death penalty should be administered to those who commit heinous crimes, whether it involves murder or some other violent crime. It cheapens the life of an innocent murder victim to say that society has no right to keep the murderer from ever killing again. (Stewart) Society owes it to the victims of these criminals to hold them responsible for their actions and to have them pay the ultimate price with their own life. One can look at judicial history and tell that just because someone is sentenced to death does not mean that it will actually happen. These people that are sentenced to death often times sit on death row for many years. For instance in Florida a spree killer named William Elledge, who confessed to his crimes and has openly discussed his guilt in interviews,
