Essay on Benefits of Criminalizing Homelessness

I chose the legal philosophy of Legal Realism, as I more closely identify with this fundamental form of thought. Defined, this is a legal theory that law derives from prevailing social interests and public policy. With this theory, the law considers not only abstract rules but also social interests and public policy when deciding a case. Realists hold a few things to be true; they believe that law is not a scientific enterprise in which deductive reasoning can be applied to reach a determinate outcome in every case. Instead, most present hard questions that the law must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line is typically drawn by the political, economic, and psychological proclivities of whoever the presiding judge is. Plain realism is the idea that the world has a set reality that exists separate from the perceptions of the people who live in it. According to this perspective, there is an objective reality that exists regardless of whether or not it is acknowledged. For example, this logic suggests that if a tree fell in the woods and no one was around to hear it, it would still make a noise. Critical realism, on the other hand, sees the world as the product of structures that cannot be observed but must be understood to fully understand social and natural relationships in the world. This view offers a sort of middle-ground approach between the ideas that cause can only exist if they are statistically observable, and that reality does not exist beyond our perceptions.

I’ll begin with the bullet points of Legal Realism:

    • Legal decisions are based on preferred outcomes, not formal legal principles.
    • Factual context matters more than strict adherence to universal rules.
    • Law should be concerned with rational thought and empirical data, not ancient moral precepts.
    • Legal justifications are often pretexts for underlying motivations and outcomes.

When discussing jurisprudence and addressing how this legal philosophy’s issues and conditions were observed during this course, I found myself asking “How does legal realism benefit the greater good of society?”

During our residency, we focused primarily on the unhoused and how these different legal philosophies could tackle this ongoing systemic tragedy. Some of the main ways to combat homelessness we discussed were: Housing, integrating healthcare, building career pathways, fostering educational connections, strengthening crisis response systems, reducing criminal justice involvement, and building lasting community partnerships.

There is no specific resolution or solution to preventing homelessness that can be easily addressed. There is no single way to solve the issue of the unhoused. Perhaps the best thing we can do is try to determine which major issues are more prevalent in our communities. For example, housing might be a problem in some communities and not particularly problematic in others. There is no specific set of solutions that can address homelessness in its totality, and the sooner we realize that the sooner we can adjust the way we address homelessness and respond to it, now and in the future.

In my work and experience, these insights and lessons on law and society affect my professional work in my career in a variety of ways. As a former law enforcement and a current corporate investigator, I have seen firsthand the trials surrounding the homeless plight and its inevitable societal effects. Homelessness and the criminal justice system are deeply intertwined. People experiencing homelessness are more likely to interact with the justice system because being forced to live outside can lead to citations or arrests for low-level offenses like loitering or sleeping in parks. People currently or previously involved in the justice system, who are often disconnected from support and face housing and job discrimination, are more likely to experience homelessness.

Without investments in evidence-based solutions, communities often use police to respond to people living outside, criminalizing homelessness and issuing citations and arrests for minor “public nuisance” crimes—such as camping, loitering, and public urination—that people wouldn’t have to endure if they had a place to call home. Such frequent interactions with the justice system can trap people in a homelessness-jail cycle, rotating them in and out of jails and emergency public services like shelters, emergency rooms, and detox facilities. This cycle does nothing to help people access the housing and services they need, such as mental health or substance use treatment.

laws that restrict behaviors in which people experiencing homelessness must engage to survive, as well as the practices used to enforce these laws, constitute what the report refers to as “making homelessness a crime” or “the criminalization of homelessness.” For many who are not homeless before entering the criminal justice system, many will enter homelessness following release from jail or prison. Many have no place to go upon release. They lack resources due to losing touch with family or friends, as a result of long-term incarceration, and due to burning all of their bridges. Many are denied services and resources due to their criminal record. Some who have places to live face policies or practices, including restrictions on access to subsidized housing, that either inadvertently or intentionally eliminate these options.

Streamlining housing resources to this population addresses homelessness among some of our most vulnerable people, but it will also reduce recidivism, contributing to overall safer communities. Reforms to halt the cycle of homelessness and jail are urgently needed to protect the health, safety, and dignity of communities. With laws criminalizing unavoidable aspects of homelessness and their pervasive enforcement on the rise, people experiencing homelessness, especially Black people, will continue to be drawn into the criminal legal system at alarming rates. Once caught in the legal process, they will continue to face significant challenges at each point in the system, where the mechanisms of justice make few accommodations for those without housing. Without thoughtful policy and practice change, systems in the United States will continue to bar people experiencing homelessness from interacting with the justice system as other members of the community do. Those without housing will continue to experience increased complications in resolving minor legal issues and appearing in court, face higher risks of languishing in pretrial detention, and be more likely to receive longer sentences. All of this will make basic efforts to survive even more difficult on release from incarceration. The time has come for local justice systems to take immediate action to halt the cycle of homelessness and entanglement with the criminal legal system. This begins with acknowledging the harms perpetuated by the current system, addressing deepening racial disparities, and enacting urgently needed policy and practice changes.

Criminal Justice Persuasive Essay

The criminal justice system has been known to be, as some would say ’institutionally racist’ towards all ethnic minorities of the world but mostly towards the biggest minorities, black people. We can see the levels of crime rising as the police crack down on crime without realising what they are causing which is the loss of trust in the police due to their actions when conducting stop and searches, the difference in sentencing between the ethnicities and how recent cases have shown the police to have an overall racism and race problem.

Stop and searches

The level of stop and searches have risen drastically over the years due to the police getting more and more powers from Section 1: Police and criminal evidence act 1984, Section 23: Misuse of drugs act 1971 and section 60: Criminal Justice and Public Order Act 1994. These acts in themselves allow the officers of the Metropolitan Police to conduct stop and searches toward anyone they find suspicious if they have reasonable grounds in doing so. These powers have caused the police to make numerous stop and searches towards countless people of all ethnicities however as of late, they have been going after the ethnic minorities. A statistic from GOV (2019) states that “The proportion of stop and searches conducted on whites deceased from 75% in 20142015 to 59% in 20182019” shows us that the Metropolitan Police have gone much easier on white people when it comes to stop and searches however there was an increase from 13% to 22% for black people and 8% to 13% for Asians during this time. The reason for this to have increased is that round this time, the police were cracking down on knife crime as it was rapidly increasing and there were cases of it all over London. The Police however only focused on the BAME communities mostly causing there to be more stop and searches than there was meant to. Another statistic from GOV (2019) said that “Black suspects had the highest proportion of arrests from stop and searches in the latest year”. This shows us that while the Police have been lowering their stop and searches on white people, they have increased this for black and Asian people. Another main fact is that on GOV (2020), it states that “There were 4 stops for every 1000 whites compared to 38 stops for every 1000 blacks”, these stats state the obvious in that the police do have a problem with the BAME community even though they state they do not. This can be shown as evidence towards the argument of has the Criminal Justice System got a race or racism problem towards which end, I would say they have a problem with race. They mostly only target black people when it comes to stop and searches as the police find them the most suspicious due to their idea that black people are the only ones who commit crime and take part in knife crime and drug crime.

Case study

There have been many cases involving the Metropolitan Police and their abuse of powers, but this case was a real big one. The killing of Mark Duggan on August 4th 2011. This murder caused an outrage in the BAME communities as the public were calling it racism at its finest. This had huge effects on London as within days, The London Riots started and there was havoc. The officers involved stated in The Guardian (2019) “I honestly believed that Mr Duggan had a gun at the time he was shot, he had been lawfully killed”. The word lawfully has been thrown around a lot by the Police. Some would say it is used as an excuse to allow these acts to occur. In this case however the term lawfully was hazy since the gun that Mark Duggan supposedly had in his hands was around 7 meters away from the body and that none of the other officers saw him make any type of throwing motion. Which begs the question, how did the gun get there? This essentially led to the moral panic theory being brought up in the way that there was a problem with crime at the time and there was a problem with how the police acted against the BAME communities. This all lead to the media making their stories and printing it for the public to see and get concerned about. This mixed with the emotions of the ethnic minorities lead to sparks being created which finally also led to the London riots. A quote from Newburn (2017) said that “young people were frequently the subject of moral concerns…they are folk devils”. In this sense the police believe all young people to be folk devils and they may or not believe that BAME are the bigger folk devils. So, they focus more on these communities more and they create a sense of panic between the public and these so-called folk devils. This case study can be shown as evidence towards the criminal justice system having a race problem as it shows that Metropolitan police should be fair and just, but this is not the case. The stats I have previously mentioned all link to the fact that the police are racist, and this incident further adds to the many lists of incidents the police have against the black ethnic minority.

Court sentences and prisons

Racism in the criminal justice system is everywhere. It is also very dominant in the USA. For example, there was a case with a black man and a white man committing the same crime (armed robbery) and had the same number of points on their record and they were in front of the same judge, however the white man got 2 years in county jail while the black man got 26 years in prison. (Snopes, 2018). This is but one case out of many around the world showing the complete corruption within the criminal justice system and how they treat those of colour poorly. There have been many cases where the exact same circumstances have occurred and the white guy will get a lesser sentence than the black guy, this shows the system have a problem. There is also a stat from an American centre called pew research centre (2020) which states that “there were 2272 inmates per 100,000 black men compared to 392 inmates per 100,000 white men”. This statistic itself can explain the huge disproportion within the prison populations. This can be explained as a race problem. The huge differences between whites and blacks are just unreal, no one can deny that they have an issue with racism. The crime rates for Asians and whites are similar so it only shows they are racist to blacks. This is the left realist response. They believe that “Any relationship between crime rates and ethnicity is solely a function of racist policing” (Martin D, 2015) meaning that the crimes black people commit is due to the racist policing that occurs daily on the streets. They also think that there is a huge victimization towards the working classes as they fall into white collar and working-class crimes. This can also be linked to strain theory in the sense that society put pressure on individuals to reach certain goals even though they may lack the means, this leads them to commit crime to get money for these goals which leads them into the hands of the criminal justice system for them to give a long sentence. Yes, black people commit crimes and deserve to go to prison, same for all the other races but when someone of a white colour gets a lesser sentence for the same crime and circumstances, its completely unfair and makes the criminal justice system look like they have a problem with certain races.

The Lammy Review

This independent review was conducted in 2017 and it was into the treatment of black, Asian and minority ethnic individuals in the criminal justice system. Inside talks about the problems that the criminal justice system has such as problems with trust and fair treatment amongst the BAME communities. They conducted a survey which stated that “51% of people from BAME backgrounds believe that the criminal justice system discriminates against particular groups” (Lammy D, 2017). This is a massive amount of the population who essentially have no trust in the criminal justice system as the communities believe they are racist towards them. This is dangerous as the criminal justice system rely on the public for information on crimes but if people do not trust them, they will be reluctant to share information. This review also listed a few recommendations that the criminal justice system should incorporate into their work for example, Lammy D (2017) mentioned that “All identifying information be redacted from the case information passed to police so they can make race blind decisions”. This is a brilliant idea as in the police force themselves, they can know, who is what race by reading their name and seeing their picture. If you were to take out the information and just present the crimes, they committed the sentencing should be much fairer and that way the public will start having faith in the criminal justice system once again. One improvement that has been put in place though is the use of cameras on all officers so everything is recorded so if anything is wrong, it can be seen front hand. If you are in anyway shape and form racist or nor conducting yourself how you are trained to be, then you would be penalised for it. Another improvement that the Lammy review created is that it caused the criminal justice system to review how modern-day slavery legislation can be used to protect the public from levels of racism and even developed joint training programmes for these issues brought up.

Case Study

The killing of Stephen Lawrence in April 1993 was seen as one of the main cases that was explored to find out if the criminal justice system were in fact institutionally racist. Stephen Lawrence was stabbed to death in an unprovoked racist attack by 5 suspects who all evidence pointed towards very quickly in the case. However, they are charged with murder, but the charges are dropped due to the evidence being unreliable despite all evidence points towards them. It took over 20 years and a huge pay out of £320,000 towards the family of Stephen Lawrence that 2 out of 5 suspects, the brothers were arrested and charged with murder and received life sentences. However, in the Macpherson report (1999) it states that” the investigation into the killing had been marred by a combination of professional incompetence, institutional racism and failure of leadership” A man such as himself has said the criminal justice system is institutionally racist. After this report, many officers were named and blamed and the whole criminal justice system was criticised for their actions at the time. The bad apple approach can be used to explain the actions of the police force. The officers who were involved in the case were racist towards black people however it does not mean every single officer is racist. Only the ones who would let this type of case go on for this long when they had all the evidence to arrest and charge the suspects were. The case itself just answers the question, the criminal justice system is racist towards other races, mostly blacks.

In conclusion, the workings of the criminal justice system have been incredibly racist throughout every year. The main 2 cases I brought up were all caused due to racism, the Mark Duggan case having the racist officer fire shots and the Stephen Lawrence case where the entire force who were on his case did not do anything for so many years. There are even more of these cases such as George Floyd which re started the whole Black Lives Matter movement that swept the world, Breonna Taylor, Trayvon Martin who was the murder that started the Black lives matter movement etc. All these cases and statistics show that the criminal justice system has an overall problem with race and black people. They are targeted the most for stop and searches, they get the longer sentences compared to other races and they are just overall treated very harshly by the Metropolitan police. So, to answer the main question that is: has the criminal justice system got a race or a racism problem. My answer is they have a race problem due to the fact black people are always targeted so much more than Asians or whites. This is due to the police being institutionally racist and if they hope in getting the publics trust back, they need to fix that and root out the bad apple

References

  1. GOV (2019) Statistics on Race and Criminal Justice system (National Statistics) Minister of Justice
  2. GOV (2020) stop and search, Stop and search – GOV.UK Ethnicity facts and figures (ethnicity-facts-figures.service.gov.uk) (last accessed on 09 December)
  3. PA Media (2019) Mark Duggan shooting: family settle high court against Met, The Guardian 10TH October (Last accessed on 9th December)

Essay on Wedding Cake Model of Criminal Justice

In the criminal justice system, there are a lot of different ways that people are treated based on the crime that they committed. If a person commits a mass murder while another person is arrested for forgery which one would get more attention? The mass murder would be the case that attracts more attention because they want to focus on why and who did this compared to a small forgery case. A guy by the name of Samuel Walker (Page 19) developed a wedding cake model of the criminal justice system to show how cases are treated based on circumstances. Four parts to the cake show how cases are treated which I will be discussing.

The first part of this wedding cake is the celebrated cases. These are the crimes that get a lot more recognition than most of the other offenses. For example, the Cleveland kidnapping was talked about nationally because the women were held in captivity for more than 10 years and the guy was labeled insane by the public. A normal kidnapping act doesn’t get that much notice. What about the Bill Cosby scandal? His case gets talked about more because of his famous background in acting. The procedures in these types of cases are no different than a normal case besides the fact that more people show up for them and the process is usually filmed and shown nationally. So, it just shows that if you have a famous background or act on a serious wrongdoing it will get more notice than some of the less serious offenses.

The second part of this cake is the serious felonies. These crimes are usually the ones that are on a more heinous level. The people who commit these acts usually have a reputation for being criminals and they have been in and out of the system most of their lives. Most of the crimes that these people commit are robbery, burglary, assault, domestic violence, etc. The police and the courts involved with these cases try to get these people the most severe punishments and have no chance to get their sentence reduced. They deserve to face the penalty for what they did.

On the third piece of the cake, you will find the lesser felonies. These crimes are typically not as violent and not as serious. The acts are usually committed by people who have little to no criminal history at all. Typically they fall under possession of drugs, check fraud, forgery, or other less violent acts. Most of the time these cases will be resolved through a court appearance and end in a plea deal.

Lastly, the final piece to the cake is the misdemeanors. These crimes are what most people get charged with. They consist of very minor crimes like public disturbance, public intoxication, fighting in public, and so on. Law enforcement usually tries to resolve these by a ticket, or an overnight arrest. If they do happen to go to court it is usually handled by them and ends with either a fine from the court, a plea deal, or even the possibility of jail time.

Now as read throughout the essay you can see why a wedding cake model was created. All different types of crimes are treated differently and they all have different penalties. In some cases it’s more severe than others so make sure to think before you act on committing crimes.

The Perspectives Of Criminal Justice To Adult Prostitution In Canada

Introduction

Basic morality is widely known as the guiding principle for our legal system, explaining why things like murder and assault are criminalized; but what about adult prostitution? Reasonably, the law argues that it is because prostitution often comes alongside dangerous activities such as drug use and violent crime, thus its heavy regulation is in the best interest of personal and public safety. Nevertheless, the nature of the issue still sparks controversy to this day. As a result, I will be answering the following research question: has the Canadian Criminal Justice System’s treatment and perspective of adult prostitution evolved/improved?

This topic is relevant because it considers various perspectives, notably the feminist, civil libertarian, and law and order lenses which add to the perpetual relativity and evolution of values that need to be represented in our Criminal Justice System. This topic is an important example demonstrating how the law may not always be universally “right” and needs input from the public to create the safest possible environment for citizens. The arguments surrounding the (de)criminalization of prostitution also offer valuable insight on both sides, showing that legal decisions are not just black-and-white and require constant evaluation.

Literature Review

Throughout this literature review, three main frameworks, seen as approaches to prostitution regulation, will be of constant relevance: criminalization, decriminalization, legalization. In order to set the stage, first, we must discuss the evolution of society’s beliefs which influence the evolution of laws surrounding prostitution. Prostitution was never technically illegal in Canada, however, it was illegal to a) keep/visit a common bawdy-house, b) communicate publicly for the purpose of prostitution, c) live primarily off of the avails of prostitution. While the law criminalized regular frequenters of brothels, mostly men, with a potential summary conviction, it was believed that the law was laxer on frequenters. Following this theme of gender bias, the 1872 Charter of Rights and Freedoms, Section 175 (1)(c) saw prostitution as vagrancy and said: “[a vagrant person] is a woman who is a prostitute or nightwalker, found in a public place”, was then punished by imprisonment of a fine. This law that carries a sexist connotation which vilifies women mimics the largely sexist historical era where female sexual liberty was seen as deviance.

Another piece of evidence hinting at extremely biased legislation in Canadian history regarding prostitution is the Contagious Disease Act, 1865. It was an attempt to take more of a public health regulation approach, instead of blatant prohibition. However, it was riddled with gender discrimination. It involved someone swearing before a judge that a female prostitute was suffering from a venereal disease which would then prompt a constable to locate the woman, who would then have to submit voluntarily to a medical examination or be arrested. American Historian, Judith Walkowitz said that this Act represented: “ the high water mark of an officially sanctioned double standard on sexual morality, one that held different standards of chastity for men and women and tried to demarcate impure women from the rest” (Backhouse, 2005: pg. 6). This is simply mind-boggling given that this same method of compulsory examination was previously used to examine soldiers but was struck down by the 1850s for its inefficiency.

This low point in Canadian history and in the progression of prostitution statutes all stems from the belief that aggressive sexual desire is a moral sin and thus, society saw it as a social plague/evil. Although, it was the prejudiced nature of society that allowed prostitution to flourish in the first place, meaning, that it is unlikely to have such a high problem with prostitution if we lived in a society where everyone enjoyed equal rights and freedoms with little economic disparity.

Nevertheless, these views associating prostitutes as a social evil/sin were slowly starting to change. The basis of anti-prostitution sentiments in the law was sparking political backlash, mainly from feminist groups, encouraging the government to change their foundation of prostitution as a female-exclusive activity and using it to scapegoat individuals. Not only were laws on anti-prostitution oppressive but it was dangerous– it pushed sex workers to continue their work more privately and tremendously discourages them from reporting any violent crimes and abuse, piling onto the hundreds of thousands of unreported cases each year. The points above notably represent the arguments against prohibitionism which is a sub-section under the criminalization approach, where prostitution is seen as a violation of human dignity and has an ultimate goal to entirely eliminate prostitution. To illustrate its prohibitionism’s impact, let us look at California, where they heavily follow this model. It is illegal to agree to engage in prostitution and to actually engage in prostitution. Strict imprisonment is almost guaranteed if you are caught soliciting in prostitution. In fact, around ⅓ of female inmates in the U.S. are there due to a conviction of prostitution; valuable space and money that could be used for more effective resources to help men and women out of the sex trade. To continue, there are processing fees from the arrest racking up to thousands of dollars, as well as potential fines also ranging from a few hundred to a few thousand. While the intention is to deter people from rejoining the sex trade by enforcing such harsh penalties, often times, they have to revert back to their sex work in order to pay for those legal fees.

Thus, there is little to no evidence that these strict anti-prostitution measures are a significant deterrence. This was the same case in Canada and other nations during time periods where this legal model was favoured. This system is counterproductive and ignores the core issues of financial strain in society which ties in with other prominent inequalities such as ethnic inequality, given that the majority of female inmates via prostitution are from visible minorities or are immigrants. This issue of potential legal models misdiagnosing the real problems come up in the next time cluster analysis of the mid-late 1900s and is still prevalent in the recent 10 years.

There were still visible remnants of a separationist attitude between sex workers and the government/general public in the Canadian Criminal Justice System in the mid-1900s. The only real legal change in the mid-1900s that happened was in the small but still significant definition of prostitution. The 1872 legal view on prostitution shifted from affiliating prostitution specifically to women to as shown in the 1978 Law Reform Commission Report which then used the definition as a prostitute as: “every person who solicits any person in a public place for the purpose of prostitution,” who is then guilty of an offence punishable on summary conviction. (Robertson: 2003: pg. 2). The system made a big step in combatting the stereotype that all sex workers are women, although agreeably, the ratio of women involved in sex work to men is significantly larger. However, you cannot ignore the reality is that more men were entering the field, with sex work comprising of more than 90% women, centuries back, that metric was virtually close to 100%.

This us vs. them concept was still being substantiated and the Canadian government still leaned towards the dangerous prohibitionist-criminalization approach (which later gradually shifted) because the three core laws heavily barring prostitution remained intact and in full-force with little alternative side efforts being made to truly help sex workers. The Criminal Justice System saw prostitution as a social plague and continued to hinder the response instead of the root of deeper systemic social issues. For example, as a result of these intergenerational, social, economic and structural factors, First Nations, Inuit and Métis women represent a disproportionate amount of sex workers in Canada. One study conducted in Vancouver’s Downtown Eastside revealed that “52% of sex worker respondents were First Nations, Inuit and Métis women, while other studies have estimated up to 60% (Canadian Public Health Association, 2005: pg. 6). This trend acts as an important piece of empirical evidence highlighting that prostitution is a result of other underlying issues, not exactly the issue itself.

Additionally, many socialist groups throughout the 1990s. Upon noticing these trends, the Canadian government finally started leaning more towards targeting these critical social inequalities in the late-1900s. On October 4th, 1990, the Committee published a 31-page report surrounding three recommendations at providing better alternatives for people engaged in the street solicitation trade and further pushing away potential clients. The most significant recommendation in terms of improvement in the legal system when looking at the sex trade is:

That the departments responsible for justice, health and welfare, and employment, at all levels of government, develop programs to provide start-up and core funding to community-based agencies providing integrated, holistic programs accessible and responsive to the needs of male and female prostitutes wishing to leave the street solicitation trade.

Here, we start to see more government support for sex workers instead of the historic scapegoating and alienation which are signs of progress but it does not necessarily fix the social issues since the sex worker must actually willingly come to seek for government resources. In a cycle of abuse and violence, we know that voluntarily seeking help is rare due to factors of fear, dependence, and the desperation for money. Additionally, many sex workers maintain that their involvement in the trade is voluntary in order to get money, and thus, attempting to push away their demand is simply a business deterrence. As a result, they would not be willing to pull themselves out of the trade if they do not see resources that allow them to make money elsewhere in a safer way.

Nevertheless, it is a big start and the government’s efforts to move away from strict prohibitionism and more into abolitionism in the late 1900s were clear. Abolitionism is the middle-ground between prohibitionism and legalization. It follows that even though prostitutes may choose to enter the trade, it is nevertheless a social problem. Advocates of this model believe that governments must take the necessary steps to allow prostitution to occur only as long as it does not infringe on public safety and order. This is a step forward from the previous attitudes in the late 1800s which sought to unrealistically stop the sex trade completely and did not acknowledge that some people were voluntarily apart of it, thus placing heavy criminalization measures would push the trade further underground and create more violence. It saw the sex trade as a social problem and less of a social evil, meaning that more strides were being considered to create better programs and alternatives to alleviate the core issues.

Fast-forwarding to today, the government is still trying to get it right with sex work regulations. Up until just 5 years ago, in November 2014, prostitution laws were amended with the Protection of Communities and Exploited Persons Act which criminalizes buyers of sex services more heavily, instead of sex workers themselves. This update came as a response to when the three laws prohibiting prostitution-related activities mentioned prior (keeping a common bawdy house, communicating for the purposes of prostitution, and living off the avails of prostitution) were deemed unconstitutional by the Supreme Court in 2013 in the Canada v. Bedford case; a significant step in legal Canadian history. Prior to December 20, 2013, the buying and selling of sex in Canada was not illegal, but these aggressive laws were in place which restricted virtually all of its related activities. In a unanimous decision, the Supreme Court judges found that these laws “violate the right to life, liberty and security of the person as described in Section 7 of the Charter of Rights and Freedoms.” (Canadian Public Health Association, 2015: pg. 6). The provisions prevented sex workers from working safely indoors, screening clients for potential threats, or hiring drivers and bodyguards to increase protection.

As a result, the current system, Bill C-36, which came into effect in 2014 that focuses on criminalizing the buyers follows the Nordic model in an attempt to punish and, consequently, cut down the demand for sex work. Under these new provisions, sex workers could be involved in “procuring, communicating or operating bawdyhouses without fear of prosecution. They could offer sex services from fixed indoor locations, advertise their services and hire bodyguards to protect them. Also, they could negotiate on the street with their clients without fear of arrest.” (Matas, 2015). This model follows the part neo-abolitionism and decriminalization approach which call for the decriminalization of the activity of prostitutes themselves, but for the criminalization of the activity of pimps and the participation of clients. Thus, Bill C-36 represents a paradigm shift in legislation from the view of prostitution as a nuisance to being a form of sexual exploitation since it sees all sex workers as victims.

This could be seen as a step forward, as it aims at helping instead of harming sex workers– but what are the true implications of this revised legislation? The reality is, although there have been some spotty metrics published, actual reduction rates of prostitution using this model are unknown; there is a giant knowledge gap since the majority of sex work activity is underground. While Swedish authorities claim that their model has resulted in a halted influx of violence and the number of individuals entering the trade is up to 50% less since its enactment, there is much criticism about the accuracy of these numbers.

Opponents of Bill C-36 argue that it is, like its predecessor, unconstitutional because it will put sex workers at risk again because they will be unable to effectively screen clients seeking to avoid arrest. In the official evaluation of the ban on purchasing sex in Sweden using the model Canada follows, the data showed that sex workers experienced increased police scrutiny, stigma and discrimination. It was found that sex workers had decreased negotiating power, increased risks of violence, difficulty in obtaining stable housing, and there was a reluctance of clients to help report violence against sex workers.

Keep in mind that this paper does not attempt to pick which method is better, rather, it is seeking a trend of evolution and progression in the Canadian Criminal Justice System. In this sense, the federal views on the trade have evolved within the past 10 years as, even though the real efficiency of Bill C-36 is debatable, it definitely is an attempt to help the sex workers for a change. Additionally, more funding has also been granted as apart of this new provision, allotting $20-million over a five-year period after its enactment to help sex workers get out of the trade. The stigma around the sex trade has then surely evolved, but blindly throwing money at a systemic problem is definitely not the best solution since, as mentioned before, sex workers are often reluctant to voluntarily seek help. Nevertheless, it is definitely a positive change in attitude.

Conclusion

The regulation of the sex trade in Canada has tremendously evolved in its treatment of adult prostitution, but real progression in the environment and the incidence of prostitution is lacking. To highlight some key evolutionary points: the law went from using prostitution provisions to emphasize gender-based discrimination to becoming less patriarchal. It also importantly went from an entirely prohibitionist approach to leaning more into decriminalization of the workers themselves and heavily regulating/criminalizing the buyers.

While there is not a global consensus on what the most beneficial legislation is on handling the sex trade, it is safe to say the underlying issues of prostitution are not being addressed methodically. An effective model for handling prostitution within our Criminal Justice System requires more review on institutional frameworks and resources available to target systemic inequalities. Thus, the answer to my research question that there has been a lack of real progress is significant to criminology because simply put, it hints at flaws in the system which require immediate intervention. To further explore the implications of this topic, the question: “how is data about the sex trade collected and how can it be improved?” should be visited because the large knowledge gap makes it hard to draw conclusive decisions to aid sex workers.

Psychology And Criminal Justice

Introduction

The eye witness is not perfect and challenging to Identify accuracy. Eyewitness could be problematic due to issues which might be addressed during the interview such as delay evens, suggestibility, anxiety, and lack of confidence as a result of false convictions. To aid the police in their investigations, some interview methods have been developed to improve the quality and quantity of information obtained from eyewitnesses Vredeveldt.,2011. The present thesis investigates the effectiveness of a relatively new interview instruction, namely, asking witnesses to close their eyes during the interview. That witness confidence plays a significant role, influencing reliability to court. Whether eye-closure facilitates event recall affects the Confidence-Accuracy (CA) relationship in eyewitness memory (e.g., Perfect et al., 2008; Vredeveldt &Penrod, 2013). However, it is important to note that Cognitive Interview was developed to address eyewitness issues. Experiments will explore the extent to which the memory benefits of eye closure are valuable when attempts are taken to build between interviewer and witness rapports, thus, potential reducing discomfort. And lastly, it will be demonstrated that the eye closure method is a technique which has been shown to help eyewitnesses recall more accurate and detailed information and can be used along with the Cognitive Interview (CI).

Eye closure Method

Eye closure can be a valuable tool for supporting witnesses in investigative interviews (Mastroberardino, Natali, & Candel, 2012; Vredeveldt et al.,). For instance, Perfect et al. (2008) stated that people who closed their eyes while remembering events were better able to answer correctly and less incorrectly questions opposed to people who kept their eyes open. The phenomenon of the eye-closure method has been helped to improve memory accuracy.

The research illustrated that people who tend to avert their gaze when engaging in complicated remembering tasks had been found that the natural behaviour of looking away or closing the eyes increases with the complexity of their call task. Research has shown that people who were instructed to close their eyes recalled more accurate information in comparison with people who kept their eyes open. Also, Doherty et al. (2002) demonstrated that these performances are refined throughout puberty, and can be advantageous to raise the accuracy of free recall. Wagstaff et al. (2004) sustained these results and found that free recall of preceding events. Can be improved by guide an interviewee to control during the interview. Thus, eye-closure has been contemplated to be as a memory aid that plays a significant role in sustain solid memorisation.

Perfect et al. (2008) enlarged these judgements to the enterprise a list of procedures that intended to consider the impacts of eye-closure on both free and cued recall of everyday events. The outcome across entire studies found that eye-closure has beneficial effects on increasing the accuracy of evoking anamnesis. They summarised improves both free and cued recollection of ocular and aural data from video clips and remotely of everyday events. Furthermore, latter studies discovered that eye-closure undoubtedly appreciates memory recall of visual and auditory data(Vredeveldt, & Sauer, 2015). Thus, cutting out the external interferences by closing the eyes can help improve memory functions.

These measures have justified being highly effective at improving memory for events. Unfortunately, these complex interviewing procedures have also proven difficult to implement in practice. For example, Clarke and Milne (2001) found that the Cognitive Interview had not been used in 83% of investigative interviews in the United Kingdom Dando, Wilcock, & Milne,2008; Kebbell, Milne, & Wagstaff, 1999). The core of this procedure is getting eyewitnesses to attempt memory retrieval with their eyes closed one of the optional components of the Cognitive Interview and one shown in some laboratory investigations to be a useful aid in memory retrieval. The present chapter will briefly review evidence from laboratory studies showing that eye-closure improves memory for events however not for face recognition. Our primary focus will be on the applied value of the Eye-Closure Interview in improving evidence obtained from eyewitnesses. Individually, it will be reviewed empirical evidence addressing whether Eye Closure Interviews can be effective in naturalistic settings, whether Eye Closure Interviews are feasible and effective when interviewing eyewitnesses in field settings and whether Eye-Closure Interviews can improve facial identification performance.

However, In the second experiment, it has been explored the effect of eye closure during a mental rehearsal in a face recognition paradigm. In this paradigm, each participant provides many recognition decisions, allowing for the application of signal detection analytic methods to participant performance, with the particular benefit of estimating both discrimination performance and response criterion. Besides, it has been added a control condition in which participants did not rehearse the face before recognition, to assess the effect of mental rehearsal per se. In line with previous research (e.g. Graefe& Watkins, 1980;), predicted that mental rehearsal of the face would improve participants ‘ability to discriminate between old and new faces on a subsequent recognition test. We also predicted that eye-closure during mental rehearsal would increase its effectiveness, through facilitating concentration (e.g. Glenberg et al., 1998) and visualisation (e.g. Wais et al., 2010). Also, extrapolating from findings that eye-closure during recall reduces overconfidence in recall memory (Vredeveldt & Sauer, 2014), we hypothesised that eye-closure would make participants more conservative in their decisions. In this experiment, we found that white participants were better at identifying the white book thief from the line-up compared to participants of a different ethnicity. However, because the experimental design did not include targets with another ethnicity, it is difficult to conclude own-ethnicity bias based on those data. To explore own-ethnicity bias in more detail, we covered both white and black target faces in the second experiment. The two main theories that have been expected to administer meaningful explanations of eye-closure effects will be discussed below.

Eye closure theory

Glenberg’s (1997) proposed that memory is incorporated to correspond the reciprocation among individuals and their environment. He purposed that recalling information and monitoring the situation are two competitive tasks. Thus, when faced with challenging reminiscence, apparent monitoring is restrained (closing the eyes) to aid internal control of this convoluted intellectual recalling task. The latest studies have sustained the effectiveness of this hypothesis in analysing the outcome of eye-closure technique (Perfect et al., 2008; Perfect et al., 2011; Vredeveldt et al., 2011). The prognosis is another potential explanation of eye-closure effects, which suggests that eye-closure obstructs visual approach from the environment and helps imagination (Vredeveldt et al., 2011). The findings confirmed that the brain areas activated in the visual perception are the same as those activated in mental visual representation. Hence, closing the eyes significantly heightens the mental images, which in turn develops retrieval of visual information from lifelong memory (Ganis et al., 2004; Caruso & Gino, 2011; Wais et al., 2010; Vredeveldt et al., 2011). This finding was promoted by experimental studies and neurological findings (Ishai et al., 2000; Mechelli et al., 2004; Wais et al., 2010).

Therefore, there are differences between the two assumptions of eye closure, firstly is concerned with alternative information that expedites by this action. There have been different shreds of evidence that examines the two premises. For example, Perfect et al. (2008) addressed that some indications were persistent with the modality-specific interferences prediction; nonetheless, the vast majority of the evidence supported the cognitive load assumption. Besides, Perfect et al. (2011) state that eye closure decreases false memory, especially when the subjects are vailed to aural aberration. This recommendation firmly supports the hypothesis that eye-closure reduces the combination of general interferences rather than a specific one. To conclude this point, irrespective of the precise theoretical explanations of eye-closure effects, both (cognitive load & modality-specific interference) hypotheses predict that the closure of one’s eyes will enhance the retrieval of studied information. Hence, the question remains, does eye-closure help to reduce false memories?

Eyewitness memory

Human memory is an active process of reconstructing an account of an event or object from incomplete information encoded in memory. This information may include the witness own prior knowledge, expectations and assumptions. Graham Davies., et al.2008 A witness tends to fill in gaps in his memory on ‘what must have happened that day’. An eyewitness may be unable to remember some aspect of an event because they might not attend to relevant detail and therefore it was not encoded in memory (Graham Davies., et al. 2008). A witness may have impaired memory not only because of inattentional blindness but also environmental effects such as delay events, anxiety, or lack of confidence.

In court cases, witnesses and victims are often questioned weeks, months, or even years after the witnessed crime ( Plotnikoff, 1990; Plotnikoff & Woolfson, 1995; Poole & White, 1993). Unfortunately, with time, our ability to retrieve information from long-term memory declines. A moment to be remembered, the data must first be encoded stored and retrieved. Graham Davies., et al.2008. Vredeveldt and Baddeley (2014) examined the effects of eye-closure in a repeated-recall paradigm. Here, will be analysed the rating of confidence which provided during cued recall in that study to investigate whether the pattern reported in the first experiment holds when the cued-recall interview is preceded by a one-week delay.

The introduction of a one-week delay and multiple recalls attempts also enhanced the ecological validity of the research. In applied settings, the delay between experiencing an event and recalling the incident will typically be longer than a few minutes, and individuals may attempt to retrieve a particular on multiple occasions during repeated witness interviews.

In this experiment, forty-eight participants were randomly assigned to one of four combinations of instructed eye-closure during interviews in sessions one and two (open-open, closed-open, open-closed, or closed-closed). In the first session, participants watched a video depicting a violent encounter between a man and a woman, completed a two-minute distracter task, and provided a free recall of the event. In the second session one week later, participants first provided another free recall, and then participated in a cued-recall interview (with 16 questions about the event). After each cued-recall response, participants indicated their confidence on a scale from 1 (“not confident at all”) to 5 (“extremely confident”). Because confidence ratings were obtained only for cued-recall responses, the free-recall data will not be discussed further, Vredeveld Baddeley, Hitch 2014). For the present research, audio-taped interviews were re-coded using the coding procedure described for Experiment 1. Ten interviews (160 responses; 21% of the total sample) were randomly selected and scored independently by a second blind coder.

Interviewing techniques

The cognitive interview has been developed these issues by incorporating various rapport building and to enhance free recall (Fisher&Geiselman,1992, cited in Nash et al., 2015). Rapport-building is a fundamental interviewing skill (K. Collins, Doherty-Sneddon, & Doherty, 2014; Kassin et al., 2007) emphasised in the first investigative interviewing protocols (Fisher & Geiselman, 1992; Milne & Bull, 2003; Orbach et al., 2000 cited in Nash et al.,2015). Rapport is essential for building friendly or sympathetic relationships and trust and can be developed over disclosing positivity, friendliness, and mutual attention (Abbe & Brandon,2012; Tickle-Degnen & Rosenthal, 1990). A growing research base highlights the positive effects of rapport-building in investigative contexts and links rapport with greater cooperativeness of suspects (Bull & Soukara, 2010) and victims (Holmberg, 2004). ( R. Collins, Lincoln, and Frank (2002) has been demonstrated different participants in a mock-crime video and then consulted them using either a rapport-building, neutral or abrupt approach. Rapport method was employed through verbal and non-verbal interviewer conducts such as referring to witnesses by their names and adapting the tone of speech and body posture. The evidence designated that participants in the rapport-building condition recalled more correct information than those in the neutral and abrupt states, without an attendant to raise inaccuracy. Vallano and Schreiber Compo (2011) validated and protracted these completions, demonstrating that rapport-building heightened the accurate fact that mock-witnesses reported, but also depreciate inaccuracies and awareness to the misstatement. More recently, Kieckhaefer et al. (2014) revealed that rapport-building partly inoculated witnesses against misinformation effects when rapport was built before but not after exposure to the misinformation.

To summarise both eye closure and rapport building separately enhanced correctly responding. However, if eye closure sometimes causes discomfort, as some researchers propose, then its benefits might be improved when efforts are first taken to build interviewer-witness rapport. Sixty-six students participated in watching a 6-minute silent clip demonstrating a man stealing some items from a shop. Takarangi, Parker,&Garry2006. Continually has been engendered 17 queries, each regarding a distinct and valid visual detail of the film (“What was written on the front of the van?”). Before data collection, we defined the responses for each question that would qualify as correct. At the end of the interview, participants concluded a short and simplistic questionnaire wherein they rated the quality of their rapport with the interviewer (1= Poor affinity; 7= Good rapport) and their comfort during the interview (1=Uncomfortable; 7= Comfortable). These questions were intermixed among filler questions concerning how friendly the interviewer was, how she spoke, how easy the interview was, and whether the issues were confusing.

Discussion

These findings investigated the effect of eye-closure on the confidence-accuracy relation for witnesses event memory. The findings were remarkably consistent across experiments. First, participants were able to monitor the accuracy of their responses, indicated by both the mean ANDI statistics and the higher confidence ratings for correct than incorrect responses. Second, participants were significantly less confident in imprecise responses than in precise responses and showed poorer calibration for imprecise responses. Third, across all experiments, eye-closure reliably increased recall accuracy without significantly inflating confidence, consistent with Wagstaff et al. (2004), Wagstaff, Wheatcroft, Burt, et al., (2011) and Wagstaff, Wheatcroft, and Caddick (2011) findings. The present research included discrimination and calibration analyses as additional indices of the CA relation. Although eye-closure did not improve participants’ discrimination between correct and incorrect responses, there was no evidence that it impaired this ability. Further, reducing distraction in Experiment 3 significantly reduced overconfidence. In sum, eye-closure improves recall accuracy with no apparent cost, and some evidence of benefit, to metamemory.

Confidence assessments can be influenced by intrinsic cues, which tries to the to-be-remembered stimuli, and extrinsic cues, which relate to the external environment associated with encoding and retrieval (Koriat, 1995, Koriat, 1997). Kelley & Lindsay, 1993), extrinsic cues often exert disproportionate effects on confidence (Busey et al., 2000, Chandler, 1994, Garrioch and Brimacombe, 2001, Tulving, 1981).

It is possible that eye-closure shifts witnesses focus towards internal mental processes. For example, eye-closure polarises moral judgments (Caruso & Gino, 2011) and intensifies emotional responses to negative emotional music. An enhanced focus on intrinsic cues as a result of eye-closure could explain the observed increase in accuracy (Koriat, 1993, Koriat, 1995, Koriat, 1997), as well as the decrease in overconfidence. Moreover, even if eye-closure does not direct attention toward internal diagnostic cues, it should at least mitigate the effects of any non-diagnostic visual cues (e.g., from an interviewer). Other manipulations that encourage reflection on internal memory processes, such as focused meditation, have similarly been found to increase recall accuracy without inflating confidence (e.g., Hammond et al., 2006, Wagstaff et al., 2004, Wagstaff et al., 2011), improve CA relations (Brewer et al., 2002, Kassin, 1985, Kassin et al., 1991), and reduce overconfidence (Arkes et al., 1987, Buratti and Allwood, 2012a, Buratti and Allwood, 2012b).

Conclusion

Eye closure improved recall accuracy of precise details provided with high confidence. Thus, the most important application of the eye closure guidance, may be to assist witnesses remember specific events in the future. Reducing distraction during recall through eye closure technique, improves accuracy without inflating confidence. The eye closure instruction is easy to implement in practice and does not require training and does not extend interview time. (Vredeveldt,Tredoux et al.,2014). Moreover, where hypnosis, mental context reinstatement tends to increase overconfidence, has been examined no evidence that eye closure increases confidence, however encourages the reflection of internal memory and body relaxation.(Hammond et all 2006)

References

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Essay on Benefits of Criminalizing Homelessness

I chose the legal philosophy of Legal Realism, as I more closely identify with this fundamental form of thought. Defined, this is a legal theory that law derives from prevailing social interests and public policy. With this theory, the law considers not only abstract rules but also social interests and public policy when deciding a case. Realists hold a few things to be true; they believe that law is not a scientific enterprise in which deductive reasoning can be applied to reach a determinate outcome in every case. Instead, most present hard questions that the law must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line is typically drawn by the political, economic, and psychological proclivities of whoever the presiding judge is. Plain realism is the idea that the world has a set reality that exists separate from the perceptions of the people who live in it. According to this perspective, there is an objective reality that exists regardless of whether or not it is acknowledged. For example, this logic suggests that if a tree fell in the woods and no one was around to hear it, it would still make a noise. Critical realism, on the other hand, sees the world as the product of structures that cannot be observed but must be understood to fully understand social and natural relationships in the world. This view offers a sort of middle-ground approach between the ideas that cause can only exist if they are statistically observable, and that reality does not exist beyond our perceptions.

I’ll begin with the bullet points of Legal Realism:

    • Legal decisions are based on preferred outcomes, not formal legal principles.
    • Factual context matters more than strict adherence to universal rules.
    • Law should be concerned with rational thought and empirical data, not ancient moral precepts.
    • Legal justifications are often pretexts for underlying motivations and outcomes.

When discussing jurisprudence and addressing how this legal philosophy’s issues and conditions were observed during this course, I found myself asking “How does legal realism benefit the greater good of society?”

During our residency, we focused primarily on the unhoused and how these different legal philosophies could tackle this ongoing systemic tragedy. Some of the main ways to combat homelessness we discussed were: Housing, integrating healthcare, building career pathways, fostering educational connections, strengthening crisis response systems, reducing criminal justice involvement, and building lasting community partnerships.

There is no specific resolution or solution to preventing homelessness that can be easily addressed. There is no single way to solve the issue of the unhoused. Perhaps the best thing we can do is try to determine which major issues are more prevalent in our communities. For example, housing might be a problem in some communities and not particularly problematic in others. There is no specific set of solutions that can address homelessness in its totality, and the sooner we realize that the sooner we can adjust the way we address homelessness and respond to it, now and in the future.

In my work and experience, these insights and lessons on law and society affect my professional work in my career in a variety of ways. As a former law enforcement and a current corporate investigator, I have seen firsthand the trials surrounding the homeless plight and its inevitable societal effects. Homelessness and the criminal justice system are deeply intertwined. People experiencing homelessness are more likely to interact with the justice system because being forced to live outside can lead to citations or arrests for low-level offenses like loitering or sleeping in parks. People currently or previously involved in the justice system, who are often disconnected from support and face housing and job discrimination, are more likely to experience homelessness.

Without investments in evidence-based solutions, communities often use police to respond to people living outside, criminalizing homelessness and issuing citations and arrests for minor “public nuisance” crimes—such as camping, loitering, and public urination—that people wouldn’t have to endure if they had a place to call home. Such frequent interactions with the justice system can trap people in a homelessness-jail cycle, rotating them in and out of jails and emergency public services like shelters, emergency rooms, and detox facilities. This cycle does nothing to help people access the housing and services they need, such as mental health or substance use treatment.

laws that restrict behaviors in which people experiencing homelessness must engage to survive, as well as the practices used to enforce these laws, constitute what the report refers to as “making homelessness a crime” or “the criminalization of homelessness.” For many who are not homeless before entering the criminal justice system, many will enter homelessness following release from jail or prison. Many have no place to go upon release. They lack resources due to losing touch with family or friends, as a result of long-term incarceration, and due to burning all of their bridges. Many are denied services and resources due to their criminal record. Some who have places to live face policies or practices, including restrictions on access to subsidized housing, that either inadvertently or intentionally eliminate these options.

Streamlining housing resources to this population addresses homelessness among some of our most vulnerable people, but it will also reduce recidivism, contributing to overall safer communities. Reforms to halt the cycle of homelessness and jail are urgently needed to protect the health, safety, and dignity of communities. With laws criminalizing unavoidable aspects of homelessness and their pervasive enforcement on the rise, people experiencing homelessness, especially Black people, will continue to be drawn into the criminal legal system at alarming rates. Once caught in the legal process, they will continue to face significant challenges at each point in the system, where the mechanisms of justice make few accommodations for those without housing. Without thoughtful policy and practice change, systems in the United States will continue to bar people experiencing homelessness from interacting with the justice system as other members of the community do. Those without housing will continue to experience increased complications in resolving minor legal issues and appearing in court, face higher risks of languishing in pretrial detention, and be more likely to receive longer sentences. All of this will make basic efforts to survive even more difficult on release from incarceration. The time has come for local justice systems to take immediate action to halt the cycle of homelessness and entanglement with the criminal legal system. This begins with acknowledging the harms perpetuated by the current system, addressing deepening racial disparities, and enacting urgently needed policy and practice changes.

Criminal Justice Persuasive Essay

The criminal justice system has been known to be, as some would say ’institutionally racist’ towards all ethnic minorities of the world but mostly towards the biggest minorities, black people. We can see the levels of crime rising as the police crack down on crime without realising what they are causing which is the loss of trust in the police due to their actions when conducting stop and searches, the difference in sentencing between the ethnicities and how recent cases have shown the police to have an overall racism and race problem.

Stop and searches

The level of stop and searches have risen drastically over the years due to the police getting more and more powers from Section 1: Police and criminal evidence act 1984, Section 23: Misuse of drugs act 1971 and section 60: Criminal Justice and Public Order Act 1994. These acts in themselves allow the officers of the Metropolitan Police to conduct stop and searches toward anyone they find suspicious if they have reasonable grounds in doing so. These powers have caused the police to make numerous stop and searches towards countless people of all ethnicities however as of late, they have been going after the ethnic minorities. A statistic from GOV (2019) states that “The proportion of stop and searches conducted on whites deceased from 75% in 20142015 to 59% in 20182019” shows us that the Metropolitan Police have gone much easier on white people when it comes to stop and searches however there was an increase from 13% to 22% for black people and 8% to 13% for Asians during this time. The reason for this to have increased is that round this time, the police were cracking down on knife crime as it was rapidly increasing and there were cases of it all over London. The Police however only focused on the BAME communities mostly causing there to be more stop and searches than there was meant to. Another statistic from GOV (2019) said that “Black suspects had the highest proportion of arrests from stop and searches in the latest year”. This shows us that while the Police have been lowering their stop and searches on white people, they have increased this for black and Asian people. Another main fact is that on GOV (2020), it states that “There were 4 stops for every 1000 whites compared to 38 stops for every 1000 blacks”, these stats state the obvious in that the police do have a problem with the BAME community even though they state they do not. This can be shown as evidence towards the argument of has the Criminal Justice System got a race or racism problem towards which end, I would say they have a problem with race. They mostly only target black people when it comes to stop and searches as the police find them the most suspicious due to their idea that black people are the only ones who commit crime and take part in knife crime and drug crime.

Case study

There have been many cases involving the Metropolitan Police and their abuse of powers, but this case was a real big one. The killing of Mark Duggan on August 4th 2011. This murder caused an outrage in the BAME communities as the public were calling it racism at its finest. This had huge effects on London as within days, The London Riots started and there was havoc. The officers involved stated in The Guardian (2019) “I honestly believed that Mr Duggan had a gun at the time he was shot, he had been lawfully killed”. The word lawfully has been thrown around a lot by the Police. Some would say it is used as an excuse to allow these acts to occur. In this case however the term lawfully was hazy since the gun that Mark Duggan supposedly had in his hands was around 7 meters away from the body and that none of the other officers saw him make any type of throwing motion. Which begs the question, how did the gun get there? This essentially led to the moral panic theory being brought up in the way that there was a problem with crime at the time and there was a problem with how the police acted against the BAME communities. This all lead to the media making their stories and printing it for the public to see and get concerned about. This mixed with the emotions of the ethnic minorities lead to sparks being created which finally also led to the London riots. A quote from Newburn (2017) said that “young people were frequently the subject of moral concerns…they are folk devils”. In this sense the police believe all young people to be folk devils and they may or not believe that BAME are the bigger folk devils. So, they focus more on these communities more and they create a sense of panic between the public and these so-called folk devils. This case study can be shown as evidence towards the criminal justice system having a race problem as it shows that Metropolitan police should be fair and just, but this is not the case. The stats I have previously mentioned all link to the fact that the police are racist, and this incident further adds to the many lists of incidents the police have against the black ethnic minority.

Court sentences and prisons

Racism in the criminal justice system is everywhere. It is also very dominant in the USA. For example, there was a case with a black man and a white man committing the same crime (armed robbery) and had the same number of points on their record and they were in front of the same judge, however the white man got 2 years in county jail while the black man got 26 years in prison. (Snopes, 2018). This is but one case out of many around the world showing the complete corruption within the criminal justice system and how they treat those of colour poorly. There have been many cases where the exact same circumstances have occurred and the white guy will get a lesser sentence than the black guy, this shows the system have a problem. There is also a stat from an American centre called pew research centre (2020) which states that “there were 2272 inmates per 100,000 black men compared to 392 inmates per 100,000 white men”. This statistic itself can explain the huge disproportion within the prison populations. This can be explained as a race problem. The huge differences between whites and blacks are just unreal, no one can deny that they have an issue with racism. The crime rates for Asians and whites are similar so it only shows they are racist to blacks. This is the left realist response. They believe that “Any relationship between crime rates and ethnicity is solely a function of racist policing” (Martin D, 2015) meaning that the crimes black people commit is due to the racist policing that occurs daily on the streets. They also think that there is a huge victimization towards the working classes as they fall into white collar and working-class crimes. This can also be linked to strain theory in the sense that society put pressure on individuals to reach certain goals even though they may lack the means, this leads them to commit crime to get money for these goals which leads them into the hands of the criminal justice system for them to give a long sentence. Yes, black people commit crimes and deserve to go to prison, same for all the other races but when someone of a white colour gets a lesser sentence for the same crime and circumstances, its completely unfair and makes the criminal justice system look like they have a problem with certain races.

The Lammy Review

This independent review was conducted in 2017 and it was into the treatment of black, Asian and minority ethnic individuals in the criminal justice system. Inside talks about the problems that the criminal justice system has such as problems with trust and fair treatment amongst the BAME communities. They conducted a survey which stated that “51% of people from BAME backgrounds believe that the criminal justice system discriminates against particular groups” (Lammy D, 2017). This is a massive amount of the population who essentially have no trust in the criminal justice system as the communities believe they are racist towards them. This is dangerous as the criminal justice system rely on the public for information on crimes but if people do not trust them, they will be reluctant to share information. This review also listed a few recommendations that the criminal justice system should incorporate into their work for example, Lammy D (2017) mentioned that “All identifying information be redacted from the case information passed to police so they can make race blind decisions”. This is a brilliant idea as in the police force themselves, they can know, who is what race by reading their name and seeing their picture. If you were to take out the information and just present the crimes, they committed the sentencing should be much fairer and that way the public will start having faith in the criminal justice system once again. One improvement that has been put in place though is the use of cameras on all officers so everything is recorded so if anything is wrong, it can be seen front hand. If you are in anyway shape and form racist or nor conducting yourself how you are trained to be, then you would be penalised for it. Another improvement that the Lammy review created is that it caused the criminal justice system to review how modern-day slavery legislation can be used to protect the public from levels of racism and even developed joint training programmes for these issues brought up.

Case Study

The killing of Stephen Lawrence in April 1993 was seen as one of the main cases that was explored to find out if the criminal justice system were in fact institutionally racist. Stephen Lawrence was stabbed to death in an unprovoked racist attack by 5 suspects who all evidence pointed towards very quickly in the case. However, they are charged with murder, but the charges are dropped due to the evidence being unreliable despite all evidence points towards them. It took over 20 years and a huge pay out of £320,000 towards the family of Stephen Lawrence that 2 out of 5 suspects, the brothers were arrested and charged with murder and received life sentences. However, in the Macpherson report (1999) it states that” the investigation into the killing had been marred by a combination of professional incompetence, institutional racism and failure of leadership” A man such as himself has said the criminal justice system is institutionally racist. After this report, many officers were named and blamed and the whole criminal justice system was criticised for their actions at the time. The bad apple approach can be used to explain the actions of the police force. The officers who were involved in the case were racist towards black people however it does not mean every single officer is racist. Only the ones who would let this type of case go on for this long when they had all the evidence to arrest and charge the suspects were. The case itself just answers the question, the criminal justice system is racist towards other races, mostly blacks.

In conclusion, the workings of the criminal justice system have been incredibly racist throughout every year. The main 2 cases I brought up were all caused due to racism, the Mark Duggan case having the racist officer fire shots and the Stephen Lawrence case where the entire force who were on his case did not do anything for so many years. There are even more of these cases such as George Floyd which re started the whole Black Lives Matter movement that swept the world, Breonna Taylor, Trayvon Martin who was the murder that started the Black lives matter movement etc. All these cases and statistics show that the criminal justice system has an overall problem with race and black people. They are targeted the most for stop and searches, they get the longer sentences compared to other races and they are just overall treated very harshly by the Metropolitan police. So, to answer the main question that is: has the criminal justice system got a race or a racism problem. My answer is they have a race problem due to the fact black people are always targeted so much more than Asians or whites. This is due to the police being institutionally racist and if they hope in getting the publics trust back, they need to fix that and root out the bad apple

References

  1. GOV (2019) Statistics on Race and Criminal Justice system (National Statistics) Minister of Justice
  2. GOV (2020) stop and search, Stop and search – GOV.UK Ethnicity facts and figures (ethnicity-facts-figures.service.gov.uk) (last accessed on 09 December)
  3. PA Media (2019) Mark Duggan shooting: family settle high court against Met, The Guardian 10TH October (Last accessed on 9th December)

How Critical Thinking Relates To Criminal Justice

In a variety of different careers, but not limited to Justice/Human services, critical thinking is crucial when trying to come up with an appropriate response to a situation, but not doing so can cause an array of problems. There are many examples across the world in which critical thinking was or was not actively used during a situation that needed more attention to detail. It’s safe to say that critical thinking is an important skill to have when dealing with things that have complexities with no easy answer.

The first example I present is the incident of a man driving away from a fender bender in Seattle in 2018 (Chavez & Toropin. 2020). A Seattle police officer told one of the man’s friends that the crash left a woman in critical condition, possibly even not surviving the crash. A clever trick to get the driver to confess (Chavez & Toropin. 2020). A report from the Seattle Police Department’s Office of Police Accountability says the driver’s friends reported that he grew worried in the days after the crash, thinking that someone possibly died in the wreck (Chavez & Toropin. 2020). Less than a week after the incident occurring the man had committed suicide over the incident (Chavez & Toropin. 2020).

The second example is that of the mental health crisis that needed to be addressed in the Belleville city of Ontario (Bertrim, 2020). In late October of 2019, the Belleville police received Health IM Mobile Technology which allows them to communicate with triage nurses in order to get advice and determine the best next steps (Bertrim, 2020). The device allows officers to pick the best environment for a person in crisis. For example, “if a trip to the emergency room is required, then the system alerts the triage nurse in advance communicating vital mental health information and this helps the health care staff prepare to provide more timely treatment (Bertrim, 2020).” As stated in the article the program has since been brought into at least 30 other police services in Ontario, along with some Prairies and British Columbia as the mental health crisis is across Canada (Bertrim, 2020).

Lastly, with a very personal example, the implementation of The Watch in Lethbridge, Alberta in May of 2019 (LPS, 2019). A program that consists of mostly volunteers patrolling the streets looking to increase community safety in the downtown area (LPS, 2019). Watch patrol volunteers are deployed seven days a week 10Am- 10Pm throughout the year and will serve as eyes and ears to connect citizens with the appropriate response from community services as well as the police, EMS, and fire (LPS, 2019). It’s also part of the job for volunteers to also provide directions, first aid, tourist information, and other assistance to any individual (LPS, 2019).

All three articles are relatively the same when it comes to critical thinking as it relates to the justice sector. Going beyond the summary of key points, all three demonstrated how critical thinking can go in either direction. In the first article, it was a brilliant idea by a police officer to get a driver to come forward about a fender-bender collision that’s turned bitter in a matter of days. The desired outcome was not how it turned out to be, with the suicide of the man and not a confession. I don’t think that the officer meant to do any harm whatsoever other than get him to come forward about the incident. Although it was odd that the officer relayed the information that the woman involved in the collision “was in critical condition” to a friend of the man, out of everyone in Seattle, is it a coincidence? With that being said it’s also alarming that if the man’s friend told him the misinformation to get him to confess that his friend wasn’t aware of his mental stability and didn’t try to get help and or get him to confess.

Getting into the second article it’s apparent that the need for Medical IM device technology was needed to address the growing mental health crisis in that community. Using technology as it is a growing industry was a great idea in finding a new way to connect officers and triage nurses in a matter of seconds. The downside is that technology might not be reliable one-hundred percent of the time but it is extremely efficient in making an officer’s job easier on mental health calls since there is a triage nurse on “speed dial” that has immediate answers.

Lastly, The Watch program is a program that was thought about in a critical manner. The budgeting concerns, the safety of volunteers, the uniforms, everything was attended to with questions and answers. This program was thought through thoroughly but even so, there were still issues that had arisen. The level of authority we had in certain situations, what was going to happen when winter hits? With The Watch being a new program there were obviously going to be bumped down the road. The whole critical part of this program was the implementation of it to reduce crime downtown and make people feel safe in a way that was giving back to the community by using volunteers.

Critical thinking is relevant to the justice field because it allows for issues to be addressed with a multitude of questions to determine the best course of action. In order for justice professionals to use critical thinking, they have to already possess the skill or acquire it through training/understanding. I believe that all the works I mentioned used critical thinking in order to come to a conclusion to an issue, but the first incident went horribly wrong with the decision made and the last two were positive in their outcomes.

Critical thinking is an important process that focuses on the best possible outcome to an issue. Having questions to establish what needs to be thought of in order to come to the decision as not all issues have a simple answer provides the grounds for critical thinking. In the Justice sector, critical thinking is especially crucial as technology is becoming advanced and more thought in the actions toward situations is important. With the works presented it’s clear that critical thinking doesn’t always have the desired outcome and sometimes it does.

Essay on Wedding Cake Model of Criminal Justice

In the criminal justice system, there are a lot of different ways that people are treated based on the crime that they committed. If a person commits a mass murder while another person is arrested for forgery which one would get more attention? The mass murder would be the case that attracts more attention because they want to focus on why and who did this compared to a small forgery case. A guy by the name of Samuel Walker (Page 19) developed a wedding cake model of the criminal justice system to show how cases are treated based on circumstances. Four parts to the cake show how cases are treated which I will be discussing.

The first part of this wedding cake is the celebrated cases. These are the crimes that get a lot more recognition than most of the other offenses. For example, the Cleveland kidnapping was talked about nationally because the women were held in captivity for more than 10 years and the guy was labeled insane by the public. A normal kidnapping act doesn’t get that much notice. What about the Bill Cosby scandal? His case gets talked about more because of his famous background in acting. The procedures in these types of cases are no different than a normal case besides the fact that more people show up for them and the process is usually filmed and shown nationally. So, it just shows that if you have a famous background or act on a serious wrongdoing it will get more notice than some of the less serious offenses.

The second part of this cake is the serious felonies. These crimes are usually the ones that are on a more heinous level. The people who commit these acts usually have a reputation for being criminals and they have been in and out of the system most of their lives. Most of the crimes that these people commit are robbery, burglary, assault, domestic violence, etc. The police and the courts involved with these cases try to get these people the most severe punishments and have no chance to get their sentence reduced. They deserve to face the penalty for what they did.

On the third piece of the cake, you will find the lesser felonies. These crimes are typically not as violent and not as serious. The acts are usually committed by people who have little to no criminal history at all. Typically they fall under possession of drugs, check fraud, forgery, or other less violent acts. Most of the time these cases will be resolved through a court appearance and end in a plea deal.

Lastly, the final piece to the cake is the misdemeanors. These crimes are what most people get charged with. They consist of very minor crimes like public disturbance, public intoxication, fighting in public, and so on. Law enforcement usually tries to resolve these by a ticket, or an overnight arrest. If they do happen to go to court it is usually handled by them and ends with either a fine from the court, a plea deal, or even the possibility of jail time.

Now as read throughout the essay you can see why a wedding cake model was created. All different types of crimes are treated differently and they all have different penalties. In some cases it’s more severe than others so make sure to think before you act on committing crimes.

The Perspectives Of Criminal Justice To Adult Prostitution In Canada

Introduction

Basic morality is widely known as the guiding principle for our legal system, explaining why things like murder and assault are criminalized; but what about adult prostitution? Reasonably, the law argues that it is because prostitution often comes alongside dangerous activities such as drug use and violent crime, thus its heavy regulation is in the best interest of personal and public safety. Nevertheless, the nature of the issue still sparks controversy to this day. As a result, I will be answering the following research question: has the Canadian Criminal Justice System’s treatment and perspective of adult prostitution evolved/improved?

This topic is relevant because it considers various perspectives, notably the feminist, civil libertarian, and law and order lenses which add to the perpetual relativity and evolution of values that need to be represented in our Criminal Justice System. This topic is an important example demonstrating how the law may not always be universally “right” and needs input from the public to create the safest possible environment for citizens. The arguments surrounding the (de)criminalization of prostitution also offer valuable insight on both sides, showing that legal decisions are not just black-and-white and require constant evaluation.

Literature Review

Throughout this literature review, three main frameworks, seen as approaches to prostitution regulation, will be of constant relevance: criminalization, decriminalization, legalization. In order to set the stage, first, we must discuss the evolution of society’s beliefs which influence the evolution of laws surrounding prostitution. Prostitution was never technically illegal in Canada, however, it was illegal to a) keep/visit a common bawdy-house, b) communicate publicly for the purpose of prostitution, c) live primarily off of the avails of prostitution. While the law criminalized regular frequenters of brothels, mostly men, with a potential summary conviction, it was believed that the law was laxer on frequenters. Following this theme of gender bias, the 1872 Charter of Rights and Freedoms, Section 175 (1)(c) saw prostitution as vagrancy and said: “[a vagrant person] is a woman who is a prostitute or nightwalker, found in a public place”, was then punished by imprisonment of a fine. This law that carries a sexist connotation which vilifies women mimics the largely sexist historical era where female sexual liberty was seen as deviance.

Another piece of evidence hinting at extremely biased legislation in Canadian history regarding prostitution is the Contagious Disease Act, 1865. It was an attempt to take more of a public health regulation approach, instead of blatant prohibition. However, it was riddled with gender discrimination. It involved someone swearing before a judge that a female prostitute was suffering from a venereal disease which would then prompt a constable to locate the woman, who would then have to submit voluntarily to a medical examination or be arrested. American Historian, Judith Walkowitz said that this Act represented: “ the high water mark of an officially sanctioned double standard on sexual morality, one that held different standards of chastity for men and women and tried to demarcate impure women from the rest” (Backhouse, 2005: pg. 6). This is simply mind-boggling given that this same method of compulsory examination was previously used to examine soldiers but was struck down by the 1850s for its inefficiency.

This low point in Canadian history and in the progression of prostitution statutes all stems from the belief that aggressive sexual desire is a moral sin and thus, society saw it as a social plague/evil. Although, it was the prejudiced nature of society that allowed prostitution to flourish in the first place, meaning, that it is unlikely to have such a high problem with prostitution if we lived in a society where everyone enjoyed equal rights and freedoms with little economic disparity.

Nevertheless, these views associating prostitutes as a social evil/sin were slowly starting to change. The basis of anti-prostitution sentiments in the law was sparking political backlash, mainly from feminist groups, encouraging the government to change their foundation of prostitution as a female-exclusive activity and using it to scapegoat individuals. Not only were laws on anti-prostitution oppressive but it was dangerous– it pushed sex workers to continue their work more privately and tremendously discourages them from reporting any violent crimes and abuse, piling onto the hundreds of thousands of unreported cases each year. The points above notably represent the arguments against prohibitionism which is a sub-section under the criminalization approach, where prostitution is seen as a violation of human dignity and has an ultimate goal to entirely eliminate prostitution. To illustrate its prohibitionism’s impact, let us look at California, where they heavily follow this model. It is illegal to agree to engage in prostitution and to actually engage in prostitution. Strict imprisonment is almost guaranteed if you are caught soliciting in prostitution. In fact, around ⅓ of female inmates in the U.S. are there due to a conviction of prostitution; valuable space and money that could be used for more effective resources to help men and women out of the sex trade. To continue, there are processing fees from the arrest racking up to thousands of dollars, as well as potential fines also ranging from a few hundred to a few thousand. While the intention is to deter people from rejoining the sex trade by enforcing such harsh penalties, often times, they have to revert back to their sex work in order to pay for those legal fees.

Thus, there is little to no evidence that these strict anti-prostitution measures are a significant deterrence. This was the same case in Canada and other nations during time periods where this legal model was favoured. This system is counterproductive and ignores the core issues of financial strain in society which ties in with other prominent inequalities such as ethnic inequality, given that the majority of female inmates via prostitution are from visible minorities or are immigrants. This issue of potential legal models misdiagnosing the real problems come up in the next time cluster analysis of the mid-late 1900s and is still prevalent in the recent 10 years.

There were still visible remnants of a separationist attitude between sex workers and the government/general public in the Canadian Criminal Justice System in the mid-1900s. The only real legal change in the mid-1900s that happened was in the small but still significant definition of prostitution. The 1872 legal view on prostitution shifted from affiliating prostitution specifically to women to as shown in the 1978 Law Reform Commission Report which then used the definition as a prostitute as: “every person who solicits any person in a public place for the purpose of prostitution,” who is then guilty of an offence punishable on summary conviction. (Robertson: 2003: pg. 2). The system made a big step in combatting the stereotype that all sex workers are women, although agreeably, the ratio of women involved in sex work to men is significantly larger. However, you cannot ignore the reality is that more men were entering the field, with sex work comprising of more than 90% women, centuries back, that metric was virtually close to 100%.

This us vs. them concept was still being substantiated and the Canadian government still leaned towards the dangerous prohibitionist-criminalization approach (which later gradually shifted) because the three core laws heavily barring prostitution remained intact and in full-force with little alternative side efforts being made to truly help sex workers. The Criminal Justice System saw prostitution as a social plague and continued to hinder the response instead of the root of deeper systemic social issues. For example, as a result of these intergenerational, social, economic and structural factors, First Nations, Inuit and Métis women represent a disproportionate amount of sex workers in Canada. One study conducted in Vancouver’s Downtown Eastside revealed that “52% of sex worker respondents were First Nations, Inuit and Métis women, while other studies have estimated up to 60% (Canadian Public Health Association, 2005: pg. 6). This trend acts as an important piece of empirical evidence highlighting that prostitution is a result of other underlying issues, not exactly the issue itself.

Additionally, many socialist groups throughout the 1990s. Upon noticing these trends, the Canadian government finally started leaning more towards targeting these critical social inequalities in the late-1900s. On October 4th, 1990, the Committee published a 31-page report surrounding three recommendations at providing better alternatives for people engaged in the street solicitation trade and further pushing away potential clients. The most significant recommendation in terms of improvement in the legal system when looking at the sex trade is:

That the departments responsible for justice, health and welfare, and employment, at all levels of government, develop programs to provide start-up and core funding to community-based agencies providing integrated, holistic programs accessible and responsive to the needs of male and female prostitutes wishing to leave the street solicitation trade.

Here, we start to see more government support for sex workers instead of the historic scapegoating and alienation which are signs of progress but it does not necessarily fix the social issues since the sex worker must actually willingly come to seek for government resources. In a cycle of abuse and violence, we know that voluntarily seeking help is rare due to factors of fear, dependence, and the desperation for money. Additionally, many sex workers maintain that their involvement in the trade is voluntary in order to get money, and thus, attempting to push away their demand is simply a business deterrence. As a result, they would not be willing to pull themselves out of the trade if they do not see resources that allow them to make money elsewhere in a safer way.

Nevertheless, it is a big start and the government’s efforts to move away from strict prohibitionism and more into abolitionism in the late 1900s were clear. Abolitionism is the middle-ground between prohibitionism and legalization. It follows that even though prostitutes may choose to enter the trade, it is nevertheless a social problem. Advocates of this model believe that governments must take the necessary steps to allow prostitution to occur only as long as it does not infringe on public safety and order. This is a step forward from the previous attitudes in the late 1800s which sought to unrealistically stop the sex trade completely and did not acknowledge that some people were voluntarily apart of it, thus placing heavy criminalization measures would push the trade further underground and create more violence. It saw the sex trade as a social problem and less of a social evil, meaning that more strides were being considered to create better programs and alternatives to alleviate the core issues.

Fast-forwarding to today, the government is still trying to get it right with sex work regulations. Up until just 5 years ago, in November 2014, prostitution laws were amended with the Protection of Communities and Exploited Persons Act which criminalizes buyers of sex services more heavily, instead of sex workers themselves. This update came as a response to when the three laws prohibiting prostitution-related activities mentioned prior (keeping a common bawdy house, communicating for the purposes of prostitution, and living off the avails of prostitution) were deemed unconstitutional by the Supreme Court in 2013 in the Canada v. Bedford case; a significant step in legal Canadian history. Prior to December 20, 2013, the buying and selling of sex in Canada was not illegal, but these aggressive laws were in place which restricted virtually all of its related activities. In a unanimous decision, the Supreme Court judges found that these laws “violate the right to life, liberty and security of the person as described in Section 7 of the Charter of Rights and Freedoms.” (Canadian Public Health Association, 2015: pg. 6). The provisions prevented sex workers from working safely indoors, screening clients for potential threats, or hiring drivers and bodyguards to increase protection.

As a result, the current system, Bill C-36, which came into effect in 2014 that focuses on criminalizing the buyers follows the Nordic model in an attempt to punish and, consequently, cut down the demand for sex work. Under these new provisions, sex workers could be involved in “procuring, communicating or operating bawdyhouses without fear of prosecution. They could offer sex services from fixed indoor locations, advertise their services and hire bodyguards to protect them. Also, they could negotiate on the street with their clients without fear of arrest.” (Matas, 2015). This model follows the part neo-abolitionism and decriminalization approach which call for the decriminalization of the activity of prostitutes themselves, but for the criminalization of the activity of pimps and the participation of clients. Thus, Bill C-36 represents a paradigm shift in legislation from the view of prostitution as a nuisance to being a form of sexual exploitation since it sees all sex workers as victims.

This could be seen as a step forward, as it aims at helping instead of harming sex workers– but what are the true implications of this revised legislation? The reality is, although there have been some spotty metrics published, actual reduction rates of prostitution using this model are unknown; there is a giant knowledge gap since the majority of sex work activity is underground. While Swedish authorities claim that their model has resulted in a halted influx of violence and the number of individuals entering the trade is up to 50% less since its enactment, there is much criticism about the accuracy of these numbers.

Opponents of Bill C-36 argue that it is, like its predecessor, unconstitutional because it will put sex workers at risk again because they will be unable to effectively screen clients seeking to avoid arrest. In the official evaluation of the ban on purchasing sex in Sweden using the model Canada follows, the data showed that sex workers experienced increased police scrutiny, stigma and discrimination. It was found that sex workers had decreased negotiating power, increased risks of violence, difficulty in obtaining stable housing, and there was a reluctance of clients to help report violence against sex workers.

Keep in mind that this paper does not attempt to pick which method is better, rather, it is seeking a trend of evolution and progression in the Canadian Criminal Justice System. In this sense, the federal views on the trade have evolved within the past 10 years as, even though the real efficiency of Bill C-36 is debatable, it definitely is an attempt to help the sex workers for a change. Additionally, more funding has also been granted as apart of this new provision, allotting $20-million over a five-year period after its enactment to help sex workers get out of the trade. The stigma around the sex trade has then surely evolved, but blindly throwing money at a systemic problem is definitely not the best solution since, as mentioned before, sex workers are often reluctant to voluntarily seek help. Nevertheless, it is definitely a positive change in attitude.

Conclusion

The regulation of the sex trade in Canada has tremendously evolved in its treatment of adult prostitution, but real progression in the environment and the incidence of prostitution is lacking. To highlight some key evolutionary points: the law went from using prostitution provisions to emphasize gender-based discrimination to becoming less patriarchal. It also importantly went from an entirely prohibitionist approach to leaning more into decriminalization of the workers themselves and heavily regulating/criminalizing the buyers.

While there is not a global consensus on what the most beneficial legislation is on handling the sex trade, it is safe to say the underlying issues of prostitution are not being addressed methodically. An effective model for handling prostitution within our Criminal Justice System requires more review on institutional frameworks and resources available to target systemic inequalities. Thus, the answer to my research question that there has been a lack of real progress is significant to criminology because simply put, it hints at flaws in the system which require immediate intervention. To further explore the implications of this topic, the question: “how is data about the sex trade collected and how can it be improved?” should be visited because the large knowledge gap makes it hard to draw conclusive decisions to aid sex workers.