RT Book
T1 Implicating the system: judicial discourses in the sentencing of Indigenous women
A1 Kaiser-Derrick, Elspeth 1984-
LA English
PP Winnipeg, Manitoba
PB University of Manitoba Press
YR 2019
UL https://krimdok.uni-tuebingen.de/Record/1668988569
AB Listening to what the criminal justice system hears -- Pathways through feminst theories, into the system -- Sentencing trauma : Gladue and the continuum, judicial navigations -- Incarceration wounds : judicial discourses about healing -- Refracted through institutional lenses.
AB "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."--
NO Includes bibliographical references and index
CN HV9308
SN 9780887558283
SN 0887558283
K1 Judgments, Criminal : Social aspects : Canada
K1 Indigenous women : Legal status, laws, etc : Canada
K1 Indian women : Legal status, laws, etc : Canada
K1 Sentences (Criminal procedure) : Social aspects : Canada
K1 Alternatives to imprisonment : Canada
K1 Restorative Justice : Canada
K1 Discrimination in criminal justice administration : Canada
K1 Indigenous women : Canada : Social conditions
K1 Indian women : Canada : Social conditions
K1 Alternatives to imprisonment ; fast ; (OCoLC)fst00806191
K1 Discrimination in criminal justice administration ; fast ; (OCoLC)fst00895034
K1 Restorative justice ; fast ; (OCoLC)fst01096003
K1 Sentences (Criminal procedure) ; Social aspects ; fast ; (OCoLC)fst01112653
K1 Canada ; fast ; (OCoLC)fst01204310
K1 Kanada : Indigene Frau : Strafjustiz : Diskriminierung : Feminismus