Implicating the system : judicial discourses in the sentencing of Indigenous women /

Implicating the system : judicial discourses in the sentencing of Indigenous women /

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Bibliographic Details
Author / Creator:	Kaiser-Derrick, Elspeth, 1984- author.
Imprint:	Winnipeg, Manitoba, Canada : University of Manitoba Press, [2019] ©2019
Description:	408 pages ; 23 cm
Language:	English
Subject:	Judgments, Criminal -- Social aspects -- Canada. Indigenous women -- Legal status, laws, etc. -- Canada. Indian women -- Legal status, laws, etc. -- Canada. Sentences (Criminal procedure) -- Social aspects -- Canada. Alternatives to imprisonment -- Canada. Restorative justice -- Canada. Discrimination in criminal justice administration -- Canada. Indigenous women -- Canada -- Social conditions. Indian women -- Canada -- Social conditions. Indian women -- Social conditions. Indian women -- Legal status, laws, etc. Alternatives to imprisonment. Discrimination in criminal justice administration. Restorative justice. Sentences (Criminal procedure) -- Social aspects. Canada.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11992486

Hidden Bibliographic Details
ISBN:	9780887558283 0887558283
Notes:	Includes bibliographical references (pages [315]-397) and 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."--

Table of 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.