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Book part
Publication date: 4 September 2020

Jacqueline Briggs

This chapter provides a genealogy of the Gladue–Ipeelee principle of special consideration of Indigenous circumstances at sentencing. The principle is codified in the 1996…

Abstract

This chapter provides a genealogy of the Gladue–Ipeelee principle of special consideration of Indigenous circumstances at sentencing. The principle is codified in the 1996 statutory requirement that “all available sanctions other than imprisonment … should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders” (s. 718.2e of the Criminal Code of Canada). Using the Foucaultian genealogy method to produce a “history of the present,” this chapter eschews normative questions of how s. 718.2e has “failed” to reduce Indigenous over-incarceration to instead focus on how practices of “special consideration” reproduce settler-state paternalism. This chapter addresses three key components of the Gladue–Ipeelee principle: the collection of circumstances information, the characterization of those circumstances, and finally their consideration at sentencing. Part one focuses on questions of legitimacy and authority and explicates how authority and responsibility to produce Indigenous circumstances knowledge was transferred from the Department of Indian Affairs (DIA) to Indigenous Courtworker organizations in the late 1960s/early 1970s. Part two identifies how authority shapes problematization by examining the characterization of Indigenous circumstances in the two eras, finding that present-day Gladue reports articulate an Indigenous history and critique of colonialism as the root cause of Indigenous criminalization, whereas DIA reports prior to 1970 generally characterized this criminalization as a “failure to assimilate.” Part three focuses on the structural reproduction of power relations by exploring historical continuities in judicial and executive-branch consideration of Indigenous circumstances, suggesting that the Gladue–Ipeelee principle reinscribes a colonial “mercy” framework of diminished responsibility. The author discusses how the principle operates in the shadow of Indigenous over-incarceration as a form of state “recognition” and a technique of governance to encourage Indigenous participation in the settler justice system and suggests that the Gladue–Ipeelee principle produces a governing effect that reinforces settler-state authority by recirculating colonial practices and discourses of settler superiority.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

Keywords

Book part
Publication date: 28 March 2022

Val Napoleon

In this chapter, the author explores the conditions of sexualised, gendered violence against Indigenous women and girls. The author asks how various responses to this

Abstract

In this chapter, the author explores the conditions of sexualised, gendered violence against Indigenous women and girls. The author asks how various responses to this violence have shaped the present-day legal personhood of Indigenous women and girls from two perspectives: an Indigenous legal perspective and a Canadian legal perspective. To avoid the troublesome pan-Indigenous generalisations of legal personhood, the author focusses on one Indigenous society, the Gitxsan people from northwest British Columbia and their legal order and laws.2 The author examines several specific questions about how the Gitxsan legal tradition historically defined the legal personhood of Gitxsan women and girls, and how this has changed with colonisation. The author takes up specific aspects of the operation and structure of Gitxsan law and legal institutions and analyse the ways that they are gendered.

Book part
Publication date: 14 October 2022

Linda Mussell

Intergenerational confinement is an under-recognized, policy-driven issue which greatly impacts Indigenous and racialized peoples in countries with ongoing colonial…

Abstract

Intergenerational confinement is an under-recognized, policy-driven issue which greatly impacts Indigenous and racialized peoples in countries with ongoing colonial legacies. Numerous policy solutions enacted over colonial history have exacerbated instead of mitigated this situation. This chapter advances an improved understanding of the impacts of carceral legacies, moving beyond the dominant focus of parental incarceration in the literature. Focusing on Indigenous peoples, multiple generations in families and communities have been subjected to changing methods of confinement and removal. Using critical policy analysis and interview research, this chapter interrogates these intergenerational impacts of carceral policy-making in Canada, Australia, and New Zealand. Drawing on qualitative interviews with 124 people in the three case countries, this chapter centers perspectives of people who have been intergenerationally confined in carceral institutions. With a goal of transformation, it then explores an alternative orientation to policy-making that seeks to acknowledge, account for, and address the harmful direct and indirect ripple-effects of carceral strategies over generations.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Article
Publication date: 1 April 2005

O Elechi

The massive incarceration of African‐American men impacts negatively on African‐American families and undermines their communities' informal social control mechanisms…

Abstract

The massive incarceration of African‐American men impacts negatively on African‐American families and undermines their communities' informal social control mechanisms, thereby hindering community safety efforts. To repair the harm and transform African‐American communities, a case is hereby made for the empowerment of African‐American communities through restorative justice.

Details

Safer Communities, vol. 4 no. 2
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 12 December 2019

Frank Morven and J. Barton Cunningham

The purpose of this paper is to define different types of culturally commensurate experiences, events, activities and interventions which Indigenous people find relevant…

Abstract

Purpose

The purpose of this paper is to define different types of culturally commensurate experiences, events, activities and interventions which Indigenous people find relevant for improving cultural diversity.

Design/methodology/approach

Based on interviews and surveys with Indigenous Probations Officers, the authors define a framework of nine experiences and events relevant to the organization, team and cultural development.

Findings

The key finding lies in proposing a framework of what Indigenous Probation Officers finding lies view as commensurate experiences, activities or interventions which recognize their cultural context (American Psychological Association, 2003).

Research limitations/implications

The key limitations to this study are the size of the sample and the inability to conclusively argue that the framework of experiences developed can claim to represent those important for improving recruitment and retentions of all Indigenous Probation Officers. Further exploratory research of this type is necessary to add to this research in guiding future research and practice.

Practical implications

The definition of a multicultural experiences offered here might be useful in encouraging Probation Officers and others in developing a deeper appreciation of cultures of Indigenous peoples and other groups.

Social implications

The purpose is to better understand an Indigenous perspective on enhancing a connection to culture within the Corrections system.

Originality/value

Rather than using a list of competencies to shape behaviors and experiences that people practice, the underlying assumption is to encourage cultural multiculturalism framework competency development by focusing on experiences and events important to objectives related to improving diversity.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 39 no. 2
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 1 March 2010

Theresa M. Glomb

Although researchers have suggested that aggression is multiply determined, most studies examine only a small set of predictors, focusing on either situational or…

Abstract

Although researchers have suggested that aggression is multiply determined, most studies examine only a small set of predictors, focusing on either situational or individual or reciprocal motives. Research has not studied extensively the relative strength of multiple antecedent sets. Using questionnaire data (n = 366), the current study examines eleven antecedents of employees engaging in aggression: situational antecedents (i.e., procedural, distributive, and interpersonal justice; organizational, work group, and job related stress), individual difference antecedents (i.e., Type A behavior, trait anger, reactions to anger), and reciprocal effects (i.e., being the target of aggression). Individual difference antecedents and being the target of aggression influence the frequency with which employees report engaging in aggression. Situational antecedents are not significant predictors once other antecedents are taken into account.

Details

International Journal of Organization Theory & Behavior, vol. 13 no. 2
Type: Research Article
ISSN: 1093-4537

Content available
Book part
Publication date: 4 September 2020

Abstract

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

Book part
Publication date: 21 December 2010

James L. Nolan

Purpose – This chapter considers the consequences on liberty in relationship to the development of the international problem-solving court movement.

Abstract

Purpose – This chapter considers the consequences on liberty in relationship to the development of the international problem-solving court movement.

Design/methodology/approach – The research, which relies principally on ethnographic fieldwork in six different common law countries (England, Ireland, Scotland, Australia, Canada, and the United States), explores the development of local problem-solving courts in each jurisdiction. These include drug courts, community courts, domestic violence courts, and mental health courts. The ethnographic fieldwork was supplemented with data from various other sources, including government reports, parliamentary debates, evaluations of individual court programs, publications issued by various advocacy groups, media accounts, public statements and articles by problem-solving court judges, and analyses of specialty courts in law reviews and other academic journals.

Findings – The research reveal that the five countries outside of the United States demonstrate greater concern with protecting the dignity of the court, due process, and individual rights – or what the Australians refer to as open and natural justice.

Originality/value – It is the first large-scale comparative study of problem-solving courts in the common law countries where the movement is most advanced.

Details

Social Control: Informal, Legal and Medical
Type: Book
ISBN: 978-0-85724-346-1

Article
Publication date: 4 December 2020

Martha Jane Paynter, M. Leslie Bagg and Clare Heggie

This paper aims to describe the process to create an inventory of the facilities in Canada designated to incarcerate women and girls, health service responsibility by…

Abstract

Purpose

This paper aims to describe the process to create an inventory of the facilities in Canada designated to incarcerate women and girls, health service responsibility by facility, facility proximity to hospitals with maternity services and residential programmes for mothers and children to stay together. This paper creates the inventory to support health researchers, prison rights advocates and policymakers to identify, analyse and respond to sex and gender differences in health and access to health services in prisons.

Design/methodology/approach

In spring 2019, this study conducted an environmental scan to create an inventory of every facility in Canada designated for the incarceration of girls and women, including remand/pretrial custody, immigration detention, youth facilities and for provincial and federal sentences.

Findings

There are 72 facilities in the inventory. In most, women are co-located with men. Responsibility for health varies by jurisdiction. Few sites have mother-child programmes. Distance to maternity services varies from 1 to 132 km.

Research limitations/implications

This paper did not include police lock-up, courthouse cells or involuntary psychiatric units in the inventory. Information is unavailable regarding trans and non-binary persons, a priority for future work. Access to maternity hospital services is but one critical question regarding reproductive care. Maintenance of the database is challenging.

Originality/value

Incarcerated women are an invisible population. The inventory is the first of its kind and is a useful tool to support sex and gender and health research across jurisdictions.

Details

International Journal of Prisoner Health, vol. 17 no. 2
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 9 July 2004

Dawn T Robinson, Christabel L Rogalin and Lynn Smith-Lovin

After a vigorous debate in the late 1970s, the sociology of emotion put aside most discussion of whether or not the physiological arousal associated with emotion labels is…

Abstract

After a vigorous debate in the late 1970s, the sociology of emotion put aside most discussion of whether or not the physiological arousal associated with emotion labels is differentiated. Since this early period, scholars have made great progress on two fronts. First, theories about the interrelationship of identity, action and emotion have specified a family of new concepts related to emotion. Second, a large corpus of research on the physiological correlates of emotional experience emerged. In this chapter, we review the well-developed control theories of identity and emotion, and focus on the key concepts that might relate to different physiological states. We then review the general classes of physiological measures, discussing their reliability, intrusiveness and other features that might determine their usefulness for tracking responses to social interaction. We then offer a highly provisional mapping of physiological measures onto the concepts that they might potentially measure, given past research about how these physiological processes relate to environmental stimuli. While any linkage between concepts and measures must be speculative at this point, we hope that this review will serve as a stimulus to theoretically guided research that begins to assess the validity of these new measures for sociological use.

Details

Theory and Research on Human Emotions
Type: Book
ISBN: 978-0-76231-108-8

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