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Racism in the united states
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Racism in the criminal justice system has been dominant for decades but has come to the forefront as of late. With several controversies surrounding both the United States and Canada, racism is a topic that will not be disappearing anytime soon. For Donald Marshall Jr. it took 14 years to finally show the country why he was prosecuted for the murder of Sandy Seal. This essay will outline how the Canadian Criminal Justice System failed Marshall as a youth. Real Justice: Convicted for Being a Mi’kmaq: The Story of Donald Marshall written by Bill Swan will show how Marshall was neglected by the justice system at every turn. Furthermore, connecting the treatment Donald Marshall was subjected to with class lectures dealing with subjects such as …show more content…
This topic relates undoubtedly with Donald Marshall. From the very beginning of the murder investigation Marshall was discriminated against. Moreover, because of the racism shown towards Indigenous people “individually, people might experience feigns of isolation, shame, anger, self-hatred, internalized racism, and distrust of authority” (Oudshoorn, 2015, p.113). In Donald Marshall’s case, this proves to be true. He had never trusted police because of the discrimination he constantly faced, and the one time he believed he could count on them they let him down tremendously. Indigenous people are often convicted of harsher crimes and receiver harsher sentences as apposed to Caucasians, shown in Sittner et al., (2012) study, “Of all youths who are prosecuted in federal courts, 32% are placed in a secure facility; of these 74% are AIAN” (p. 1312). When discussing human dignity in class, this case and Indigenous rights came into thought. How can so many people treat other human beings in such a disrespectful way? Racism is exhibited at nearly every level of the justice system. Oudshoorn (2015) states, “A social movement promoting human dignity is needed” (p.6). Society needs to prevent stigmas from continuing around certain cultures and remember how they would like to be treated. This is such an important topic and should be brought to people’s attention not only in Canada but also around the
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
The case of the so-called “Black Donnellys” is indicative of social and community relations during the nineteenth century in Upper Canada. Characterized by frontier agriculture, a growing but weak authority structure, and an influx of emigration, mob justice complemented the legal system nefariously. The arson of the Donnelly's home, as well as James Senior's imprisonment demonstrate the role of these two powers in society. I will argue that Upper Canada during the mid to late nineteenth century reacted to increased crime with both community power, in the form of vigilante justice, and legitimate authority, in the form of the penitentiary system; this uptick in crime coincided with settlement of the land by British emigrants. The factors that surrounded this phenomenon were emigration, land, crime, vigilante power, and legal enforcement, particularly the role of the Kingston Penitentiary.
A Critical Analysis of Racism in Canadian Law and the “Unmapping” of the White Settler Society in “When Place Becomes Race” by Sherene H. Razack
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
‘’ Abolition of systemic discrimination in the CJS may leave behind ‘structural racism’: the discriminatory impact of laws, policies and practices rather than individual racist attitudes’’ (Blagg et al 2005: 12). The white susceptibilities are offended when Aboriginal people’s occurrence induces loathing and fear: their social custom, and their differences (sitting in parks, moving around as a group). In public places it is approved or considered as ‘okay’ to discriminate against Aboriginal people, for instances; Aboriginal children was rejected from shopping malls for ruptures of dress codes while young non-aboriginal youths are not, Aboriginal background adults are denied service in pubs is all regarded as being ‘okay’. Aboriginal people’s cultural values and beliefs are ignored as the Criminal justice system (CJS) enforces non-Aboriginal principles upon them. As a result, such behaviour is considered as institutionalised norms, practices and standards but not reflected as deliberate
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
In the article “Point: Racial Profiling in Law Enforcement is Unjust”, Adele Cassola determines that racial profiling is an extensive problem in policing across Canada. She identifies that racial profiling is based on stereotypes of race, ethnicity, and cultural background with African-Canadians, Arab-Canadians, and Aboriginal Canadians being targeted most frequently. Racial profiling is not unique to law enforcement and immigration, Cassola asserts, “it is a wide spread problem within other institutions and establishments as well” (2009). She discovered a survey that showed Toronto's African-Canadian secondary school students were stopped four times more frequently and searched six times more frequently than their non-black classmates. In an article from the Toronto Star newspaper in 2002, Cassola notes that African-Canadians were subject...
Tanovich, D. M. (2006). The colour of justice: Policing race in Canada. Toronto, Ontario: Irwin Law.
Fleras, Augie. “Aboriginal Peoples in Canada: Repairing the Relationship.” Chapter 7 of Unequal Relations: An Introduction to Race, Ethnic and Aboriginal Dynamics in Canada. 6th ed. Toronto: Pearson, 2010. 162-210. Print.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Policing, Race, and Criminal Injustice." Human Rights. Spring 2009: 6. SIRS Issues Researcher. Pritchard, Justin.
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.