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Morton, James, Mandatory jail sentences bad strategy, Toronto Star, 2009. Web.
Mandatory jail sentences bad strategy is an article authored by James Morton. The scope of this article attempts to examine the gang oriented criminal activities in Canada. Using back-to-back approach he has shown that mandatory jail sentence is not the opposite tool to fight gang-related crimes. The federal government concern to fight the escalating vice by instituting a series of stern anti-gang procedures, including the use of compulsory minimum prison punishment is also inadequate.
Morton observes that the trouble with mandatory jail sentences regarding gang-oriented crimes are apposite for publicity rather than tackling the crime (Morton 4). A detailed study of mandatory minimum jail established that this approach rarely attains its stated objectives. The author also noted this approach is ineffective due to several correlated reasons. Some of these reasons include several of the gang-related offenses rarely lead to accusations linked with them. Another indispensable reason shows even when proper accusations are on hand; the weight of the mandatory minimum jail is in the discretion of the prosecutor. Hence, one explicit charge can be swapped with another, while gang-related accusations can be substituted with non-gang associated charges.
Morton asserts that the solution to this problem is to institute stable community policing measures in addition to property seizure (Morton 4). He observes that community policing is highly result oriented. More so, its efficiency relies on the communal cooperation among the community members, police and volunteers. In essence, he has shown how effective this approach can be by citing how community policing effectively changed NY. Though there are several apparent challenges to community policing, it remains one of the most effective approaches to fighting gang related crimes.
Examining the nature of gang related violence; the author has provided a considerable wealth of dealing with this problem. However, despite the suggested approaches, he fails to explain how the federal government will is going to deal with this menace. Too, another missing factor is how community policing can be employed without endangering the community from the revengeful gangs.
Packer, Herbert L. Two Models of the Criminal Process. Stanford: SUP, 1969.
Herbert Packer as a legal scholar examines the two concepts of controlling criminal justice in the US. He presents the first concept or form as due process a politically conformist concept. This model is founded on the rights of individuals. The other model is crime control. This model sustains the parameter of criminal conduct and manners. Packer illustrates that political and societal dynamics determines the form of the criminal justice system being embraced. However, both models are employed to implement laws, uphold and sustain social order, and shield individuals from prejudices.
The author portrays the concept of crime control as “assembly-line justice,” this representation believes in an assumption of guilt. Using a more open approach he suggests that when individuals are arrested, and equally charged with a crime, they ought to be assumed guilty and should be punished (Packer 155). This demonstrates that this model views the control of criminal conduct as the most fundamental aspect of criminal justice.
However, similarly, Packer argues that the due process model has faith in the supposition of innocence. In essence, the ultimate objective of this model is that the accused is innocent until proved otherwise. Consequently, this strategy aims to shelter the blameless whilst condemning the guilty. Other aspects of criminal justice are explored regards the criminal process. This extent is exemplified as a procedure of plea bargaining. Therefore, crime control is demonstrated as a predilection in plea bargaining to judge’s examination.
In essence, the author presents has managed to offer candid insight into the functions of criminal justice processes. However, the article as it is does not illustrate whether the models would in entirety dominate criminal justice. All in all, checking and alleviating such vices as corruption stands as the principal objective of criminal justice procedures. Nonetheless, the position taken by the author does not satisfy the question, whether the available resources should be employed to cater for punishment or rehabilitation. This shows crime control must be gauged against the accurate guilt whereas due process must also be set on legal guilt.
Sewell, Gunnar “When one mistake haunts the rest of your working life,” Toronto Star 2010. Web.
Gunnar Sewell uses the article “When one mistake haunts the rest of your working life,” to shed light on how a single mistake changed his life. Though, he was used to a simple life. The gradual drug abuse saw him being admitted at Wayside Recovery House in St. Catharine. But after being jailed for attempting to break into a doctor’s office to steal his life acquired another dimension, and society assumed he was a criminal. Sewell exploits this encounter to sensitize the community on the dangers of ignoring simple mistakes in life. By reflecting on his engagement with drugs from the age of 16, he illustrates how this behavior affected his social ties as well as his productive life.
Looking at the article, it is apparent that his encounter with drugs and law enforcement agencies took place differently in his life (Sewell 1). Even after being in correctional centers, he states that shame and labels do not end after being released (Sewell 1). And he asks how this punishment will come to an end. According to what he believes, He is not a criminal. This can be testified by his record which shows he is neither a violent nor extreme drug user.
However, Sewell points out that regular employment is essential for it helps in reducing the activities that can injure one’s future. Considering that he is a victim that is why he anticipates giving back to the community by assisting those unfortunate folks in the streets. In this article, he shares his thoughts, fears, and worries and what he thinks can be done to fight the social stigma. More so, he longs to see society supporting the affected members.
What the author fails to examine is how the social stigma and drug abuse can be dealt with. It is imperative to understand that crimes are committed and are classified according to the degree of damage assessed (Sewell 1). Therefore, the author could have included the manner these problems could be dealt with from the root. Also, he would have suggested the best way out for the affected individual to explore.
Tyler, Tracey “First Nations say their names left off jury lists,” Toronto Star 2008. Web.
Two youthful inmates Wesley and Jamie Goodwin perished in a fire tragedy at Kashechewan jail in January 2006. This incident has compelled the First Nations to claim that their members have been debarred from the Ontario’s adjudicators roll for almost a decade. Tracey Tyler in his article “First Nations say their names left off jury lists,” established that the relatives of the affected parties wanted to ascertain that First Nations communities were fully involved in the coroner’s panel of adjudicators. However, the court services supervisor informed the inquest that no one living within Kashechewan Reserve was on the panel of jurists. Roland Peacock, the region’s acting supervisor observed, Of 12,111 individuals living within 42 First Nations districts, not more than 44 individuals were in the 2007 list of prospective jurors.
Tyler notes that this exclusion impinges on the rights of the community members to fair and just trial. And this is testified by Julian Falconer, who wrote to Attorney General Chris Bentley on Wednesday. Too, the author indicates that the region has been exploiting band-election lists to acquire the names of those anticipated to join the First Nations panel, though, the government halted providing the lists as early as 2000. Clearly, the author indicates that no one has ever informed the First Nations’ principals of the government’s move. And this forced the Deputy Grand Chief Alvin Fiddler from Nishnawbe Aski Nation to state that the justice system was not functional and was also failing their communities (Tyler 3). On the other hand, the article asserts that Frank Addario, the head of the Criminal Lawyers Association, added that the legal institutions are obliged to inform litigants including the courts when the rules of selecting jurors are not adhered to. In this article, the author illustrates that juror selection is always biased and selective.
Instrumentally, he presents a candid report regarding the manner the Kashechewan community was treated. Though a commendable work, the article fails to provide direction as to how the community was to benefit in the future (Tyler 3). Considering the issue at hand was more of criminal nature, as a legal affairs reporter, chances are, Tyler could have equally balanced his observation by providing a narrowed or broad aspect of involving the Kashechewan in the process of selecting jurors.
Roy, Jennifer. “Racism in the Justice System”, Canadian Race Relations Foundation. Web.
The concept of racism can be said to be thriving within the Canadian legal system. According to the report by Jennifer Roy titled “Racism in the Justice System”. A summary of racism in the system discloses that the practice of racism is an incomplete function in each facet of the justice system in Canada. Established studies have illustrated how First Nations communities are racialized in the entire justice system. To understand this aspect she asserts that there are three foremost levels of racism: individual racism, general racism and cultural racism that are paramount within the justice system. Similarly, she has illustrated how these aspects of racism operate within the Canadian criminal justice system namely: judiciary, policing, and the penal system.
More so, individual, general, and cultural racism have been identified to be the foremost issues that influence all aspects of the justice system. This demonstrates why First Nations communities are continuously estranged from the justice system. Despite that First Nations individuals continue to encounter racial barriers both in jail and while seeking legal remedies.
Critically, the author notes in this report that there is as well ideological racism, as indicated by the diverse problems that First Nations Peoples stumble upon when trying to carry on their traditional and spiritual practices while serving their jail sentences.
Even while prison officials are required to allow the prisoners to practice their beliefs; the report illustrates that rule, founded on European cultural norms, thwart inmates from owning items critical to their religious practices.
Racism is a social problem that has over time been rejected by both progressive and developing nations (Roy 2). Regarding the evidence presented in this report, the author acknowledges that the Canadian justice system is selective. However, to make the report more engaging, the author could have compared and contrasted the Canadian case with other countries with similar problems. Perhaps this could have provided more weight into understanding the best way of dealing with racism in the Canadian justice system.
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