Lecture 9: Indigenous Offenders Flashcards
What is meant by Indigenous peoples being over-represented in the Criminal Justice System?
The general population is only 4% indigenous, but the offender population is 30%. Overrepresented not just as offenders in the CJS but also as victims of crime (particularly women- 28% vs. 18%). The reported crime rate in first nations communities was more than double than the average).
Regarding over-representation, which group is most problematic; adult males, adult females, youth?
Adult females I think
Which Indigenous group is more likely to be a victim of crime – men or women?
Females indigenous people are more likely to be victims of crime. Violent victimization of Indigenous women double that of Indigenous men & about 3x that of non-Indigenous women & men
What is Gladue. Why is it important? How has it effected over-representation?
The Gladue decision is basically a bill that was passed to deal with the over representation of Indigenous people in the CJS. It states that in some cases a sentence may be shorter for an indigenous offender than a non-indigenous offender with the same offence. Evidence suggests that gladue has limited impact because there is too much attention on the outcome vs. the process and people aren’t sure how to implement this rule.
What are 4 types of Indigenous offenders? Which group is least represented in Canada?
First nations (58%), Metis (35%), Inuit (4%), Mixed/other (3%)
Are Indigenous offenders more or less likely to be serving a sentence for a violent offence than other federal offenders?
Indigenous offender commit more violent/serious crimes than non-indigenous offenders (79% of indigenous offenders are serving a sentence for a violent crime vs. 67% non-indigenous). Despite them serving time for more violent offences they are actually serving shorter sentences.
Relative to non-Indigenous offenders, Indigenous offenders are considered higher risk. Provide 4 examples of this.
- Served previous sentences (42% vs 34% non-Indigenous)
- No crime-free period for 1+ years (24% vs 17% non-Indigenous
- Classified higher security risk (17% vs 14% maximum security risk)
- Classified high static risk (66% vs 60%)
- Low reintegration potential (61% vs 43%)
- Fewer with high motivation level (9% vs 14%)
- Represent a large proportion of those admitted to administrative segregation (37%)
Are Indigenous offenders more or less likely to be granted parole compared to non-Indigenous offenders?
Granted parole less often: 1% released on full parole (vs 4% non-Indigenous), 24% released on day parole (vs 41%) and 74% released on statutory release (vs 56%)
What is the Ewert ruling and why is it important?
The Ewert ruling began with the issues around applying traditional risk assessment tools to indigenous people. Federal court found that these tools fail to consider the special needs of these of indigenous offenders and shouldn’t be used until research can support them.
What are healing lodges? What is an important aspect of these?
Healing lodges can be used as a correctional intervention for indigenous people, it incorporates their spirituality and their community. It enables the indigenous community to provide correctional services to indigenous offenders in a manner that respects their culture. Offender needs addressed through Indigenous teachings &; ceremonies, contact with Elders &; children (hopefully to continue connection post-intervention) &; interactions with nature. Provides a balanced approach of spirituality, community, and comfortable/reliable environment.
- Self-report surveys shed healing lodges in a positive light however, recidivism studies are less optimistic.
What is the evidence for Indigenous-specific treatment programs?
-Some research shows Indigenous offenders have better treatment & post-release outcomes when: They are reconnected with spiritual & cultural traditions and
programs & interventions are culturally-specific & holistic
- In addition to mainstream correctional interventions, such as anger management & substance abuse programs, CSC offers a range of traditional programs & services: Indigenous-specific treatment & healing programs. Indigenous literacy classes, Access to Elders, Sweat lodges, Drumming classes, Carving rooms
- Mixed results on the effectiveness of programs for Indigenous offenders contribute to program completion & decreases in recidivism
Why has colonialization and the Indian Residential School experience been linked to the issue of over-representation?
- Precursors of Indigenous involvement in CJS can be traced to Government attempts at forced assimilation of Indigenous people (residential schools). Led to fragmentation of nations through the creation of reserves or relocation to remote areas which had a long-standing impact: Loss of traditional governance structures & practices, Historical & cultural/language losses, Social & political inequalities and Economic barriers
- Loss of culture and language & treatment at residential schools had far-reaching effects on survivors & continues to have intergenerational effects
What are some characteristics of indigenous offenders?
- larger proportion single (55% single at time of admission vs 47% non-Indigenous)
- Lower levels of education: 26% had less than a grade 8 education at time of admission to prison (vs 18% non-Indigenous)
- More likely to be unemployed: 75% unemployed at time of admission to prison (vs 66% non-Indigenous)
Specific offender profile: indigenous women
- younger than Non-indigenous
- more violent than non-indigenous
- higher risk and need than non-indigenous
- make up a larger proportion in custody than non-indigenous woman
Specific offender profile: Inuit offenders
- older at time of admission
- more often single
- more often speak in indigenous language
- less formal education
- more often incarcerated for sex offences
- higher risk to re-offend
- higher need for comprehensive intervention
- lower reintegration potential & motivational levels
