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the dangers of a simplistic approach to culture in the courtroom
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Lawrence, S.N.
- Thesaurus
- rechtspraak, strafrecht, etniciteit, racisme, Canada, Verenigde Staten
- Description
- This article investigates how courtrooms and legal processes recognize, react to, and thereby create 'cultural' information. Drawing on contemporary Canadian examples and the US experience with 'cultural defences' to criminal charges, the author considers not so much how courts should react to cultural practices but rather the problems with the way we identify these practices in the first place. This 'identification' process is often a form of cultural racism and is sometimes masked as an effort at cultural sensitivity. Not only is cultural information incompletely collected and imperfectly understood, it also tends to be considered only against the unarticulated, unexamined norm of North American mainstream culture. egal institutions produce distorted views of 'Other' cultures as well as an intriguing shadow picture of mainstream culture-both of which reveal a deeply held belief in the mainstream tradition's superiority. This process can be particularly harmful for women from non-mainstream cultures. Not only does it construct their own cultural traditions as being dangerously misogynist, it also refuses to recognize those elements of mainstream culture that subordinate and endanger women. The conclusion considers the range and complexity of the challenges that judges, litigators, litigants, and communities face in trying to avoid a simplistic approach to culture, stressing the need for more careful approaches to cultural sensitivity training in judicial education and litigation strategy.
trois cas de figure
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2004
- Magazine Number
- 2
- Creator
- Frigon, Sylvie
- Thesaurus
- gedetineerden, strafrecht, Canada
- Description
- Reflections around new philosphies and forms of administration in the penal justice system, particularly with regard to federally sentenced women.
experiences of immigrant women with the neo-criminalization of wife abuse
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Martin, Dianne L.
- Creator
- Mosher, Janet E.
- Thesaurus
- strafrecht, huiselijk geweld, allochtonen, Canada
- Description
- Aggressive criminal justice intervention in cases of wife abuse, characterized in particular by mandatory charging and no-drop prosecutorial policies, is frequently held out as offering two broad promises to women: protection for individual women experiencing wife abuse: and the transformation of the norms which currently sustain men's violence against women. The authors argue that not only has aggressive criminal justice intervention failed thus far to deliver on these promises but that it is, by its very nature, incapable of doing so. While its inability to do so is related to many factors which are discussed in the paper, perhapes the most significant is the multitude of harms that aggressive criminal justice intervention brings in tow for women, particularly those who are socially and economically marginalized.
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Minaker, J.C.
- Thesaurus
- strafrecht, huiselijk geweld, Canada
- Description
- Strong punitive measures and an aggressive criminal justice response have been at the forefront of contemporary approaches to domestic violence across Canada. If current justice policies in Canada are taken as an indicator of the needs of women in abusive relationships, then women are calling for a 'get tough' approach to domestic violence, including amplified police surveillance, harsher punishments for male abusers, and an extension of criminal law. Is this what female victims of abuse are seeking? This article re-introduces women's needs as a significant component in the analysis of the successes and/or failures of the criminal justice response to woman abuse. The article is based on qualitative interviews conducted with women who have been victimized by intimate violence and have called upon the criminal justice system for assistance. The main objective was to learn what the women identified their needs to be and whether, if at all, the criminal justice system responded to those needs. The interview data were used to analyze the extent to which, and the manner in which, the criminal justice system responded to the needs they articulated and then to consider whether the criminal justice system is structurally capable of responding to these needs. A re-thinking of 'women's needs' and a clarification of the corresponding notion of 'choice' emerged from this analysis.
an exploratory examination
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2003
- Magazine Number
- 2
- Creator
- Mont, Janice Du
- Thesaurus
- strafrecht, seksueel geweld, rechtspraak, Canada
- Description
- Evaluation of the Criminal Code of 1983, which was designed to improve the legal processing of rape cases, since there is some speculation that sexual assaults are undercharged and that the sentences rendered do not reflect the seriousness of the crime.
battered women's experience of the justice system in New Zealand
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Busch, Ruth
- Creator
- Robertson, Neville
- Creator
- Lapsley, Hilary
- Thesaurus
- huiselijk geweld, slachtoffers, politie, strafrecht, Nieuw-Zeeland
- Description
- This paper focuses on the gap which the author's discovered between women's realities of the violence that they face from their abusers and the minimisation, trivialisation, and victim blaming that they so often encounter when they seek protection from the family court and the criminal justice system. 'The gap' is analysed from the perspective of women victims and used to evaluate the law as wel as the policies and procedures which have been adopted by police, judges, and family court counsellors for dealing with spousal violence cases. ( Kinderrechter )
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