Implicating the System : Judicial Discourses in the Sentencing of Indigenous Women / Elspeth Kaiser-Derrick.
2019
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Details
Title
Implicating the System : Judicial Discourses in the Sentencing of Indigenous Women / Elspeth Kaiser-Derrick.
Imprint
Winnipeg, Manitoba : University of Manitoba Press, [2019]
Copyright
©2019
Description
1 online resource (414 p.)
Series
Human rights and social justice series ; 3.
Formatted Contents Note
Front Matter
Contents
Listening to what the Criminal Justice System Hears
Pathways Through Feminist Theories, into the System
Sentencing Trauma: Gladue and the Continuum, Judicial Navigations
Incarceration Wounds: Judicial Discourses about Healing
Refracted Through Institutional Lenses
Acknowledgements
Notes
Bibliography
Index
Contents
Listening to what the Criminal Justice System Hears
Pathways Through Feminist Theories, into the System
Sentencing Trauma: Gladue and the Continuum, Judicial Navigations
Incarceration Wounds: Judicial Discourses about Healing
Refracted Through Institutional Lenses
Acknowledgements
Notes
Bibliography
Index
Summary
Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions. The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780887555558
Record Appears in