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Sociology (4,081)
SOC216H5 (148)

Specialized Courts.docx

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Nicole Myers

Specialized Courts Aboriginal Court - 35% of males in prison are aboriginal – 3% of countries population - 45% of women in prisons are aboriginals 718 2(e) – principles – look at all available options to avoid incarceration and special consideration for alternatives for aboriginal people Gladue Provision – 19 year old women – was at party – rumor that her partner was having an affair – ended up killing him – plead manslaughter – sentences to 3 years in prison – when she had gone to confront him about it he insulted her – he fled apartment and she ran after him and stabbed him in the chest – she was 2x legal limit alcohol concentration. – supreme court being asked to look at 718 (e) - courts said that as offences get more serious aboriginals are less likely to be given leniency 2 stages When sentencing - Take into account better understanding background of offender, what led them to offend Should be reflective of their aboriginal heritage Guidance - holistic approach – no about removing offender from their history - consider what is appropriate for this particular offence, offender, circumstance Objectives - Gladue Courts – about healing the offender Gladue Courts - looks like any other court – no different in physicality - to be eligible must self identify that is aboriginal - try to have at least one person in the court who has ties to the aboriginal community - eagles feather – when holding the eagle feather speaks to your truth – wont lie - smudging – cleansing activity – burning of cedar – sage – a smoke or incense - greater opportunity to speak – slows down court process – speak freely – family members can speak for the accused Controversy - race based discount – automatically lesser sentence - reverse discrimination – by lesser sentencing – reversely discriminated against “white male” - a lot of offenders come from difficult circumstances regardless of race Has it worked - no gotten worse 1 in 5 admission is someone of aboriginal decent – 1 in 3 women - in 2008 9x more likely to be aboriginal - federal govt spend 2% of their federal prison budget on aboriginal programs even though 25 – 35% of the pop. Drug Treatment Court
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