Political Science 4203F/G Chapter Notes - Chapter Williams: Toni Williams, Risk Pool
30 Jan 2020
School
Department
Professor
Document Summary
Gender entrapment: coerces battered black women into crime. Criminalization is based on management of population that is problematic rather than focus on individual wrongdoing. Uses auctorial methods to determine risk pool. Canada found to promote women centric correction services. Did not increase facilities for men, only women - even though they both increased the same. New penal system may make sentences longer and put more people in prison rather than house arrest. Courts have responsibility remedy injustice against indigenous people. Issue: courts don"t regard discriminatory sentencing as a part of overrepresentation. Judges as activists allows them create creative methods to reduce population of aboriginal prisoners. Decisions instruct judges to take into account the unique circumstances that may have contributed in bringing person to court. Requires specific connection between the effects of colonialism and how it led defendant to court. Gladue decision offers judges robust reasons to reject incarceration as a fit penal sanction for indigenous defendants.
