Implicating the System

Judicial Discourses in the Sentencing of Indigenous Women
Erscheinungsjahr 2019
ISBN: 978-0-88755-828-3
Verlag: University of Manitoba Press

Buch, Englisch, 336 Seiten, Paperback, Format (B × H): 234 mm x 216 mm, Gewicht: 408 g

Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issuesin sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial usage of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.

Autoren/Hrsg.

Kaiser-Derrick, Elspeth

Fachgebiete

• Rechtswissenschaften Strafrecht
• Rechtswissenschaften Arbeitsrecht Antidiskriminierung (AGG), Gleichbehandlung
• Rechtswissenschaften Sozialrecht

Inhaltsverzeichnis

- Introduction: Listening to What the Criminal Justcice System Hears
- Ch 1. Pathways through Feminist Theories: Listening to What the Criminal Justice System Hears
- Ch 2. Judicial Engagement with the Victimization-Criminalization Continuum
- Ch 3. From the Victimization Overlap to Judicial Discourses about “Healing” through Imprisonment
- Conclusion: Listening to Victimization Histories

Über Autor(innen)

Elspeth Kaiser-Derrick was called to the Bar in British Columbia after articling at a criminal defence firm and is currently a Ph.D. candidate at the Peter A. Allard School of Law at the University of British Columbia.