SOC322H5 Lecture Notes - Lecture 8: Bail Bondsman, Ball Park Franks, Listeria Monocytogenes

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Kids for Cash Scandal - 20/20 -2009
https://www.youtube.com/watch?v=2zB8i6ftPU0
Concern with pre-trial detention arose in Canada in the 1960s.
M. Friedlands study published in 1965 showed that a greater number of individuals
were being detained before trial than afterwards.
Friedland also took issue with use of “bail bondsmen” - third party individuals that
could post bail on behalf of the accused (under the old system the cash needed to be
provided up front). Bail bondsmen were seen as making the ultimate decision over the
accused’s freedom.
Friedland suggested moving to a non cash system and removal of bail bonsdmen.
Bail Reform
Bail Reform Act becomes law in 1972 with a philosophy of enhanced civil liberties and
a focus on restraint in the use of pre-trial detention.
The police were provided with vast new powers of release.
The Bail Reform Act also stipulated specific criteria for the determination of an
accused person’s suitability for release. Detention was to be justified under the
following grounds:
It is necessary to ensure appearance in court;
Detention is necessary in the public interest of for the protection of safety of
the public – the individual is likely, if released from custody, to commit a
criminal offence involving serious harm or interference with the administration
of justice.
***Onus was on crown to prove why detention was necessary***
Amendments to the Bail Reform Act
Subsequent amendments to the Bail Reform Act have diluted the original rights
protecting philosophy.
Made it more difficult to obtain bail, and resulted in more stringent release orders.
Onus of proof has shifted from Crown to the accused.
Additional conditions have been placed upon those granted bail (creates problem of
increased criminalization).
Just over 10% of both youth and adult’s charged in Canada in 2009 involved the
charge of failure to comply. This can create a vicious cycle where the criminal
justice system produces its own crime. A feedback model.
Pre-trial detention in Canada
Assumption that there is no controversy about the principle of innocent until proven
guilty.
Further, there is an assumption that punishment shall not be given until guilt is
proven.
Pre-trial detention has long historical roots.
To assume that pretrial detention does not on occasion cause severe depravation and
that it is not punitive is incorrect.
Impact of subsequent amendments
While our imprisonment rate has remained relatively stable over the past thirty years,
the composition of the incarcerated population has changed.
Specifically, while the provincial sentenced population has decreased steadily over the
past thirty years the remand population has grown continually. Data for the most
recent year available show that prisoners in remand (awaiting trial) now outnumber
sentenced offenders a situation reminiscent of the 1960s.
Dealing with burgeoning remand population
In order to deal with the growing remand population, and to compensate individuals
for time spent in the horrible conditions in remand centres, sentencing judges would
typically credit individuals for time spent in remand in the order of 1.5 to 2 days credit
against each day spent in remand.
This convention was altered when the government introduced the Truth in Sentencing
Act (2009) intended to limit credit given and to bring greater certainty and clarity to
the sentencing process.
Judges may now only give credit on a 1 to 1 basis. This, however, disadvantages those
held in remand because most sentenced prisoners only serve 2/3rds of their sentence.
Anything less than 1.5 to 1 credit thus results in unequal treatment. See example on
pg 46 of the text.
Increasing punitiveness and Risk aversion
As Webster and Doob note, in the name of public safety, the Canadian government
esp. since 2006 has introduced numerous legislative amendments whose goal has
largely been to appear tough on crime. Canada has increasingly adopted policies that
not only lack restraint in the use of imprisonment, but have also arguably been
crafted largely for political purposes rather than as informed policy.
It would also seem that the players in the criminal court process have also adopted a
culture of risk aversion. Think about how this process plays out for crown attorneys.
Consider their options Crown attorneys who are concerned about their reputation
as well as generally concerned about public safety would choose to play it safe by
opposing bail, and making sure no harm can come to them or their organization by
making the wrong decision. The incentives to oppose bail are far greater than those
to grant release.
Pretrial detention Collateral consequences
Difficult to find evidence or secure witnesses to support ones case.
Impossible procure employment or engage in other activities that would demonstrate
intent to mend ones ways.
It can affect an individuals decision to plead guilty.
Detained suspects are more likely to receive custodial sentences than those released
(even when the cases are similar.
Detention centres are not nice places lack access to rehabilitative, recreational and
educational programs.
Serious consequences for the family members (lost income etc.).
Race and Bail
The Manitoba Aboriginal Justice Inquiry (1991) found that Aboriginal accused were
more likely to be denied bail than non-Aboriginals.
Commission on Systemic Racism in Ontario CJS (1995) found that Blacks were more
likely to be held before trial than members of other racial backgrounds, after
controlling for relevant factors.
Remand for Plea
Kellough and Wortley (2002)
Examined the effects of demographic and legal variables on bail release and
conditions decisions in two Toronto Bail courts (Oct 1993 April 1994).
Remand for Plea Findings
Young more likely to plead guilty. Older more likely to have charges withdrawn.
Gender had no effect on pleading guilty but women were more likely to have their
charges dropped.
Accused persons who receive a negative personality assessment by the police are
much more likely to be detained than those who receive neutral assessments.
Remand for Plea Findings
Blacks more likely to be held in remand result of negative character assessments
cops give of Black people. Character assessment explains the relationship.
Black youth had an average of 4.2 bail conditions (median of 4), and those of other
races had a mean of 3.5 (median of 3)
Race and Bail 2017
Race and Bail 2017
Data recently released by the Ontario Ministry of Community Safety and Correctional
Services shows that Black accused are also detained longer before trial than White
accused (Mehler Paperny, 2017).
Jury Selection
Petersen (1993) Institutionalized Racism
The prevalence of white juries in criminal trials is characteristic of the Canadian
criminal justice system.
While criminal defendants have attempted, with minimal success, to challenge various
aspects of the jury selection process, the systemic exclusion of minorities persists.
Jury Selection
Petersen (1993) Institutionalized Racism
Jury eligibility varies regionally but there are some legislative provisions which are
common to most of the territorial and provincial statutes.
For example, individuals convicted of criminal offences are generally excluded from
jury duty.
Persons in specified occupations such as lawyers, judges, justices of the peace,
Members of Parliament and medical practitioners (among others) are usually
ineligible to serve as jurors, as are their spouses.
Jury Selection
Petersen (1993) Institutionalized Racism
Recent investigations have demonstrated the importance of home ownership and
male gender in presence on jury selection lists in Ontario.
Jury Selection
Petersen (1993) Institutionalized Racism
The author concludes that a reformation of the challenge for cause procedure is
required in order to achieve representativeness in the Canadian jury selection
process.
In order for such reform to be effective, all peremptory challenges should be
eliminated and the challenge for cause procedure should be liberalized both to
prevent racially motivated exclusion of jurors and to allow for the exclusion of jurors
with racist views.
Jury Selection
Race and Sentencing
Race, Class and Crack Maurer (2004)
In recent years, the racial dynamics of the drug war have played themselves out most
prominently in the punishments meted out to crack cocaine offenders.
Without minimizing the real harm caused by the crack trade, we can note profound
distortions and willful ignorance that pervaded public discussion of the new drug.
Media and politicians seized upon the crack phenomenon and played up its perceived
status as a drug used by low-income inner-city dwellers.
Resulted in 100:1 crack to powder disparity.
Race and Sentencing Mandatory Minimums
Race and Sentencing Mandatory Minimums in Canada
Inequality and Sentencing
White Collar Sara Lee Listeria Maurer (2004)
In July 2001, the Sara Lee Corporation pled guilty to two misdemeanor charges related
to an outbreak of listeria from one of their Ball Park Franks hot dog factories.
The Bil-Mar factory, owned by Sara Lee, had stopped conducting bacteria tests for the
listeria monocytogenes in November 1998.
One month later, Sara Lee forced to recall its hot dogs from store shelves due to a
deadly outbreak of listeria that resulted in fifteen deaths and six miscarriages.
Federal prosecutors stated that they declined to pursue felony charges because there
was not enough evidence to establish that Sara Lee was cognizant of the presence of
listeria in the factory
Race, Class and Sentencing
Public Perception of Tax Evasion Maurer (2004)
A recent survey found that a quarter of Americans believe that cheating at least a
little on ones taxes is acceptable, a figure that has grown in recent years (Anderson,
2002).
For those so inclined, this is probably a rational act. While it is possible to receive a
five-year prison term for possession of a small quantity of drugs, offenders caught
cheating on their taxes are generally not even brought into court.
Instead, the matter is usually handled administratively by the Internal Revenue
Service.
The Death Penalty
Sociologists David Jacobs and Jason Carmichael analyzed a range of possible
contributors to death penalty legislation from 1970 to 1990.
They concluded that rates of violent crime or murder had no influence over a states
adopting the death penalty, but that the proportion of African Americans in the state
and income inequality were quite significant. (Mauer, 2004)
The Death Penalty
Examinations of the relationship between race and the death penalty, with varying
levels of thoroughness and sophistication, have now been conducted in every major
death penalty state. In 96% of these reviews, there was a pattern of either race-of-
victim or race-of-defendant discrimination, or both. The gravity of the close
connection between race and the death penalty is shown when compared to studies
in other fields.
The Death Penalty
Race is more likely to affect death sentencing than smoking affects the likelihood of
dying from heart disease.
The latter evidence has produced enormous changes in law and societal practice,
while racism in the death penalty has been largely ignored.
Week 8 -Inequality in the courts
Monday, September 10, 2018
2:00 PM
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Kids for Cash Scandal - 20/20 -2009
https://www.youtube.com/watch?v=2zB8i6ftPU0
Concern with pre-trial detention arose in Canada in the 1960s.
M. Friedlands study published in 1965 showed that a greater number of individuals
were being detained before trial than afterwards.
Friedland also took issue with use of bail bondsmen - third party individuals that
could post bail on behalf of the accused (under the old system the cash needed to be
provided up front). Bail bondsmen were seen as making the ultimate decision over the
accuseds freedom.
Friedland suggested moving to a non cash system and removal of bail bonsdmen.
Bail Reform
Bail Reform Act becomes law in 1972 with a philosophy of enhanced civil liberties and
a focus on restraint in the use of pre-trial detention.
The police were provided with vast new powers of release.
The Bail Reform Act also stipulated specific criteria for the determination of an
accused persons suitability for release. Detention was to be justified under the
following grounds:
It is necessary to ensure appearance in court;
Detention is necessary in the public interest of for the protection of safety of
the public the individual is likely, if released from custody, to commit a
criminal offence involving serious harm or interference with the administration
of justice.
***Onus was on crown to prove why detention was necessary***
Amendments to the Bail Reform Act
Subsequent amendments to the Bail Reform Act have diluted the original rights
protecting philosophy.
Made it more difficult to obtain bail, and resulted in more stringent release orders.
Onus of proof has shifted from Crown to the accused.
Additional conditions have been placed upon those granted bail (creates problem of
increased criminalization).
Just over 10% of both youth and adult’s charged in Canada in 2009 involved the
charge of “failure to comply.” This can create a vicious cycle where the criminal
justice system produces its own crime. A feedback model.
Pre-trial detention in Canada
Assumption that there is no controversy about the principle of innocent until proven
guilty.
Further, there is an assumption that punishment shall not be given until guilt is
proven.
Pre-trial detention has long historical roots.
To assume that pretrial detention does not on occasion cause severe depravation and
that it is not punitive is incorrect.
Impact of subsequent amendments
While our imprisonment rate has remained relatively stable over the past thirty years,
the composition of the incarcerated population has changed.
Specifically, while the provincial sentenced population has decreased steadily over the
past thirty years the remand population has grown continually. Data for the most
recent year available show that prisoners in remand (awaiting trial) now outnumber
sentenced offenders – a situation reminiscent of the 1960s.
Dealing with burgeoning remand population
In order to deal with the growing remand population, and to compensate individuals
for time spent in the horrible conditions in remand centres, sentencing judges would
typically credit individuals for time spent in remand in the order of 1.5 to 2 days credit
against each day spent in remand.
This convention was altered when the government introduced the Truth in Sentencing
Act (2009) intended to limit credit given and to bring greater certainty and clarity to
the sentencing process.
Judges may now only give credit on a 1 to 1 basis. This, however, disadvantages those
held in remand because most sentenced prisoners only serve 2/3rds of their sentence.
Anything less than 1.5 to 1 credit thus results in unequal treatment. See example on
pg 46 of the text.
Increasing punitiveness and Risk aversion
As Webster and Doob note, in the name of public safety, the Canadian government
esp. since 2006 has introduced numerous legislative amendments whose goal has
largely been to appear tough on crime. Canada has increasingly adopted policies that
not only lack restraint in the use of imprisonment, but have also arguably been
crafted largely for political purposes rather than as informed policy.
It would also seem that the players in the criminal court process have also adopted a
culture of risk aversion. Think about how this process plays out for crown attorneys.
Consider their options Crown attorneys who are concerned about their reputation
as well as generally concerned about public safety would choose to play it safe by
opposing bail, and making sure no harm can come to them or their organization by
making the wrong decision. The incentives to oppose bail are far greater than those
to grant release.
Pretrial detention Collateral consequences
Difficult to find evidence or secure witnesses to support ones case.
Impossible procure employment or engage in other activities that would demonstrate
intent to mend ones ways.
It can affect an individuals decision to plead guilty.
Detained suspects are more likely to receive custodial sentences than those released
(even when the cases are similar.
Detention centres are not nice places lack access to rehabilitative, recreational and
educational programs.
Serious consequences for the family members (lost income etc.).
Race and Bail
The Manitoba Aboriginal Justice Inquiry (1991) found that Aboriginal accused were
more likely to be denied bail than non-Aboriginals.
Commission on Systemic Racism in Ontario CJS (1995) found that Blacks were more
likely to be held before trial than members of other racial backgrounds, after
controlling for relevant factors.
Remand for Plea
Kellough and Wortley (2002)
Examined the effects of demographic and legal variables on bail release and
conditions decisions in two Toronto Bail courts (Oct 1993 April 1994).
Remand for Plea Findings
Young more likely to plead guilty. Older more likely to have charges withdrawn.
Gender had no effect on pleading guilty but women were more likely to have their
charges dropped.
Accused persons who receive a negative personality assessment by the police are
much more likely to be detained than those who receive neutral assessments.
Remand for Plea Findings
Blacks more likely to be held in remand result of negative character assessments
cops give of Black people. Character assessment explains the relationship.
Black youth had an average of 4.2 bail conditions (median of 4), and those of other
races had a mean of 3.5 (median of 3)
Race and Bail 2017
Race and Bail 2017
Data recently released by the Ontario Ministry of Community Safety and Correctional
Services shows that Black accused are also detained longer before trial than White
accused (Mehler Paperny, 2017).
Jury Selection
Petersen (1993) Institutionalized Racism
The prevalence of white juries in criminal trials is characteristic of the Canadian
criminal justice system.
While criminal defendants have attempted, with minimal success, to challenge various
aspects of the jury selection process, the systemic exclusion of minorities persists.
Jury Selection
Petersen (1993) Institutionalized Racism
Jury eligibility varies regionally but there are some legislative provisions which are
common to most of the territorial and provincial statutes.
For example, individuals convicted of criminal offences are generally excluded from
jury duty.
Persons in specified occupations such as lawyers, judges, justices of the peace,
Members of Parliament and medical practitioners (among others) are usually
ineligible to serve as jurors, as are their spouses.
Jury Selection
Petersen (1993) Institutionalized Racism
Recent investigations have demonstrated the importance of home ownership and
male gender in presence on jury selection lists in Ontario.
Jury Selection
Petersen (1993) Institutionalized Racism
The author concludes that a reformation of the challenge for cause procedure is
required in order to achieve representativeness in the Canadian jury selection
process.
In order for such reform to be effective, all peremptory challenges should be
eliminated and the challenge for cause procedure should be liberalized both to
prevent racially motivated exclusion of jurors and to allow for the exclusion of jurors
with racist views.
Jury Selection
Race and Sentencing
Race, Class and Crack Maurer (2004)
In recent years, the racial dynamics of the drug war have played themselves out most
prominently in the punishments meted out to crack cocaine offenders.
Without minimizing the real harm caused by the crack trade, we can note profound
distortions and willful ignorance that pervaded public discussion of the new drug.
Media and politicians seized upon the crack phenomenon and played up its perceived
status as a drug used by low-income inner-city dwellers.
Resulted in 100:1 crack to powder disparity.
Race and Sentencing Mandatory Minimums
Race and Sentencing Mandatory Minimums in Canada
Inequality and Sentencing
White Collar Sara Lee Listeria Maurer (2004)
In July 2001, the Sara Lee Corporation pled guilty to two misdemeanor charges related
to an outbreak of listeria from one of their Ball Park Franks hot dog factories.
The Bil-Mar factory, owned by Sara Lee, had stopped conducting bacteria tests for the
listeria monocytogenes in November 1998.
One month later, Sara Lee forced to recall its hot dogs from store shelves due to a
deadly outbreak of listeria that resulted in fifteen deaths and six miscarriages.
Federal prosecutors stated that they declined to pursue felony charges because there
was not enough evidence to establish that Sara Lee was cognizant of the presence of
listeria in the factory
Race, Class and Sentencing
Public Perception of Tax Evasion Maurer (2004)
A recent survey found that a quarter of Americans believe that cheating at least a
little on ones taxes is acceptable, a figure that has grown in recent years (Anderson,
2002).
For those so inclined, this is probably a rational act. While it is possible to receive a
five-year prison term for possession of a small quantity of drugs, offenders caught
cheating on their taxes are generally not even brought into court.
Instead, the matter is usually handled administratively by the Internal Revenue
Service.
The Death Penalty
Sociologists David Jacobs and Jason Carmichael analyzed a range of possible
contributors to death penalty legislation from 1970 to 1990.
They concluded that rates of violent crime or murder had no influence over a states
adopting the death penalty, but that the proportion of African Americans in the state
and income inequality were quite significant. (Mauer, 2004)
The Death Penalty
Examinations of the relationship between race and the death penalty, with varying
levels of thoroughness and sophistication, have now been conducted in every major
death penalty state. In 96% of these reviews, there was a pattern of either race-of-
victim or race-of-defendant discrimination, or both. The gravity of the close
connection between race and the death penalty is shown when compared to studies
in other fields.
The Death Penalty
Race is more likely to affect death sentencing than smoking affects the likelihood of
dying from heart disease.
The latter evidence has produced enormous changes in law and societal practice,
while racism in the death penalty has been largely ignored.
Week 8 -Inequality in the courts
Monday, September 10, 2018 2:00 PM
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 11 pages and 3 million more documents.

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Kids for Cash Scandal - 20/20 -2009
https://www.youtube.com/watch?v=2zB8i6ftPU0
Concern with pre-trial detention arose in Canada in the 1960s.
M. Friedlands study published in 1965 showed that a greater number of individuals
were being detained before trial than afterwards.
Friedland also took issue with use of bail bondsmen - third party individuals that
could post bail on behalf of the accused (under the old system the cash needed to be
provided up front). Bail bondsmen were seen as making the ultimate decision over the
accuseds freedom.
Friedland suggested moving to a non cash system and removal of bail bonsdmen.
Bail Reform
Bail Reform Act becomes law in 1972 with a philosophy of enhanced civil liberties and
a focus on restraint in the use of pre-trial detention.
The police were provided with vast new powers of release.
The Bail Reform Act also stipulated specific criteria for the determination of an
accused persons suitability for release. Detention was to be justified under the
following grounds:
It is necessary to ensure appearance in court;
Detention is necessary in the public interest of for the protection of safety of
the public the individual is likely, if released from custody, to commit a
criminal offence involving serious harm or interference with the administration
of justice.
***Onus was on crown to prove why detention was necessary***
Amendments to the Bail Reform Act
Subsequent amendments to the Bail Reform Act have diluted the original rights
protecting philosophy.
Made it more difficult to obtain bail, and resulted in more stringent release orders.
Onus of proof has shifted from Crown to the accused.
Additional conditions have been placed upon those granted bail (creates problem of
increased criminalization).
Just over 10% of both youth and adult’s charged in Canada in 2009 involved the
charge of failure to comply. This can create a vicious cycle where the criminal
justice system produces its own crime. A feedback model.
Pre-trial detention in Canada
Assumption that there is no controversy about the principle of innocent until proven
guilty.
Further, there is an assumption that punishment shall not be given until guilt is
proven.
Pre-trial detention has long historical roots.
To assume that pretrial detention does not on occasion cause severe depravation and
that it is not punitive is incorrect.
Impact of subsequent amendments
While our imprisonment rate has remained relatively stable over the past thirty years,
the composition of the incarcerated population has changed.
Specifically, while the provincial sentenced population has decreased steadily over the
past thirty years the remand population has grown continually. Data for the most
recent year available show that prisoners in remand (awaiting trial) now outnumber
sentenced offenders a situation reminiscent of the 1960s.
Dealing with burgeoning remand population
In order to deal with the growing remand population, and to compensate individuals
for time spent in the horrible conditions in remand centres, sentencing judges would
typically credit individuals for time spent in remand in the order of 1.5 to 2 days credit
against each day spent in remand.
This convention was altered when the government introduced the Truth in Sentencing
Act (2009) – intended to limit credit given and to bring greater certainty and clarity to
the sentencing process.
Judges may now only give credit on a 1 to 1 basis. This, however, disadvantages those
held in remand because most sentenced prisoners only serve 2/3rds of their sentence.
Anything less than 1.5 to 1 credit thus results in unequal treatment. See example on
pg 46 of the text.
Increasing punitiveness and Risk aversion
As Webster and Doob note, in the name of public safety, the Canadian government
esp. since 2006 – has introduced numerous legislative amendments whose goal has
largely been to appear tough on crime. Canada has increasingly adopted policies that
not only lack restraint in the use of imprisonment, but have also arguably been
crafted largely for political purposes rather than as informed policy.
It would also seem that the players in the criminal court process have also adopted a
culture of risk aversion. Think about how this process plays out for crown attorneys.
Consider their options – Crown attorneys who are concerned about their reputation
as well as generally concerned about public safety would choose to play it safe by
opposing bail, and making sure no harm can come to them or their organization by
making the ‘wrong’ decision. The incentives to oppose bail are far greater than those
to grant release.
Pretrial detention Collateral consequences
Difficult to find evidence or secure witnesses to support ones case.
Impossible procure employment or engage in other activities that would demonstrate
intent to “mend” ones ways.
It can affect an individuals decision to plead guilty.
Detained suspects are more likely to receive custodial sentences than those released
(even when the cases are similar.
Detention centres are not nice places lack access to rehabilitative, recreational and
educational programs.
Serious consequences for the family members (lost income etc.).
Race and Bail
The Manitoba Aboriginal Justice Inquiry (1991) found that Aboriginal accused were
more likely to be denied bail than non-Aboriginals.
Commission on Systemic Racism in Ontario CJS (1995) found that Blacks were more
likely to be held before trial than members of other racial backgrounds, after
controlling for relevant factors.
Remand for Plea
Kellough and Wortley (2002)
Examined the effects of demographic and legal variables on bail release and
conditions decisions in two Toronto Bail courts (Oct 1993 April 1994).
Remand for Plea Findings
Young more likely to plead guilty. Older more likely to have charges withdrawn.
Gender had no effect on pleading guilty but women were more likely to have their
charges dropped.
Accused persons who receive a negative personality assessment by the police are
much more likely to be detained than those who receive neutral assessments.
Remand for Plea Findings
Blacks more likely to be held in remand result of negative character assessments
cops give of Black people. Character assessment explains the relationship.
Black youth had an average of 4.2 bail conditions (median of 4), and those of other
races had a mean of 3.5 (median of 3)
Race and Bail 2017
Race and Bail 2017
Data recently released by the Ontario Ministry of Community Safety and Correctional
Services shows that Black accused are also detained longer before trial than White
accused (Mehler Paperny, 2017).
Jury Selection
Petersen (1993) Institutionalized Racism
The prevalence of white juries in criminal trials is characteristic of the Canadian
criminal justice system.
While criminal defendants have attempted, with minimal success, to challenge various
aspects of the jury selection process, the systemic exclusion of minorities persists.
Jury Selection
Petersen (1993) Institutionalized Racism
Jury eligibility varies regionally but there are some legislative provisions which are
common to most of the territorial and provincial statutes.
For example, individuals convicted of criminal offences are generally excluded from
jury duty.
Persons in specified occupations such as lawyers, judges, justices of the peace,
Members of Parliament and medical practitioners (among others) are usually
ineligible to serve as jurors, as are their spouses.
Jury Selection
Petersen (1993) Institutionalized Racism
Recent investigations have demonstrated the importance of home ownership and
male gender in presence on jury selection lists in Ontario.
Jury Selection
Petersen (1993) Institutionalized Racism
The author concludes that a reformation of the challenge for cause procedure is
required in order to achieve representativeness in the Canadian jury selection
process.
In order for such reform to be effective, all peremptory challenges should be
eliminated and the challenge for cause procedure should be liberalized both to
prevent racially motivated exclusion of jurors and to allow for the exclusion of jurors
with racist views.
Jury Selection
Race and Sentencing
Race, Class and Crack Maurer (2004)
In recent years, the racial dynamics of the drug war have played themselves out most
prominently in the punishments meted out to crack cocaine offenders.
Without minimizing the real harm caused by the crack trade, we can note profound
distortions and willful ignorance that pervaded public discussion of the new drug.
Media and politicians seized upon the crack phenomenon and played up its perceived
status as a drug used by low-income inner-city dwellers.
Resulted in 100:1 crack to powder disparity.
Race and Sentencing Mandatory Minimums
Race and Sentencing Mandatory Minimums in Canada
Inequality and Sentencing
White Collar Sara Lee Listeria Maurer (2004)
In July 2001, the Sara Lee Corporation pled guilty to two misdemeanor charges related
to an outbreak of listeria from one of their Ball Park Franks hot dog factories.
The Bil-Mar factory, owned by Sara Lee, had stopped conducting bacteria tests for the
listeria monocytogenes in November 1998.
One month later, Sara Lee forced to recall its hot dogs from store shelves due to a
deadly outbreak of listeria that resulted in fifteen deaths and six miscarriages.
Federal prosecutors stated that they declined to pursue felony charges because there
was not enough evidence to establish that Sara Lee was cognizant of the presence of
listeria in the factory
Race, Class and Sentencing
Public Perception of Tax Evasion Maurer (2004)
A recent survey found that a quarter of Americans believe that cheating at least a
little on ones taxes is acceptable, a figure that has grown in recent years (Anderson,
2002).
For those so inclined, this is probably a rational act. While it is possible to receive a
five-year prison term for possession of a small quantity of drugs, offenders caught
cheating on their taxes are generally not even brought into court.
Instead, the matter is usually handled administratively by the Internal Revenue
Service.
The Death Penalty
Sociologists David Jacobs and Jason Carmichael analyzed a range of possible
contributors to death penalty legislation from 1970 to 1990.
They concluded that rates of violent crime or murder had no influence over a states
adopting the death penalty, but that the proportion of African Americans in the state
and income inequality were quite significant. (Mauer, 2004)
The Death Penalty
Examinations of the relationship between race and the death penalty, with varying
levels of thoroughness and sophistication, have now been conducted in every major
death penalty state. In 96% of these reviews, there was a pattern of either race-of-
victim or race-of-defendant discrimination, or both. The gravity of the close
connection between race and the death penalty is shown when compared to studies
in other fields.
The Death Penalty
Race is more likely to affect death sentencing than smoking affects the likelihood of
dying from heart disease.
The latter evidence has produced enormous changes in law and societal practice,
while racism in the death penalty has been largely ignored.
Week 8 -Inequality in the courts
Monday, September 10, 2018 2:00 PM
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