Explain the social and political implications of the legal decision. How will it impact future cases in the legal system, or the roles and responsibilities of actors in the legal system? What impact might the ruling have on different groups in society?

Topic: Correctional reform and solitary confinement

Paper details:

topic im doing is #1 correctional reform and solitary confinement
no need to do title page just citations page.
heres instructions given….
Writing Assignment
Your writing assignment this term will be a written essay, worth 25% of your final grade. It is due at the end of Week 11, on Thursday, November 18. You will turn in your final paper in the assignment submission box below. You may choose to hand in a draft to the instructor by Week 7 for comments and directions. This is helpful for you, but is not required. I am happy to take a look at your papers and provide assistance at any stage of your writing.

The purpose of this assignment is for you to deepen your skills in researching and writing an APA-style term paper and correctly citing your sources. You will learn to analyze research and research methods in criminology and understand the impact that policies have on the administration of justice, as well as the broader society.
You may choose a case from one of the following essay questions. Alternatively, you may choose your own essay topic, provided that you discuss this with the instructor before the end of Week 3.

Included with this assignment is a template for an APA-style paper that you are free to use as the basis for your own essay.

1. Correctional Reform & Solitary Confinement:

In the recent case of British Columbia Civil Liberties Association v. Canada (Attorney General), 2018 BCSC 62, the BCCLA brought suit against the federal government to end the practice of solitary confinement, also referred to as ‘administrative segregation’.

The BCCLA sought to strike down certain provisions in the Corrections and Conditional Release Act that permitted solitary confinement as violating s. 7 of the Charter, as well as the rights of Aboriginal detainees under s. 15 of the Charter. The BC Supreme Court did not end the practice of solitary confinement, but it placed limits on the practice due the harm that it causes.

Some issues you may address in your paper include a discussion of some of the harms of solitary confinement, and how this may have a disproportionate effect on Aboriginal prisoners.

Do you think the 15-day limit set by the court is an effective solution? Explain why or why not. What further reforms might you suggest to ensure that the harms of solitary confinement are limited, and that prisoners have access to courts to assert their rights?

2. Criminal Law Reform & the Crime of Coercive Control:

Bill C-247 has recently been introduced into Parliament to amend the Criminal Code to introduce the new crime of controlling or coercive conduct (Bill C-247 An Act to Amend the Criminal Code (controlling or coercive conduct), Second Session, Forty-third Parliament, 69 Elizabeth II, 2020).

Bill C-247 seeks to make it a criminal offence to engage in controlling or coercive conduct towards an intimate partner that has a significant negative impact on that person.

This crime is intended to criminalize patterns of controlling or coercive behaviour in abusive relationships and, in particular, to address intimate partner violence – only some of which involves actual incidents of assault, uttering threats or sexual assault. It is hoped that this will enable police to better intervene in cases involving domestic violence and protect vulnerable persons from the negative impacts of abusive relationships.

This crime was first introduced in the United Kingdom and in Ireland in 2015 and so these countries have some experience with the crime of coercive control. We in Canada may wish to draw on their experiences.

Some questions you may wish to consider in your essay include what are the elements of the crime of coercive control – what is its actus reus and mens rea? How will this crime change how police respond to domestic violence incidents?

How will this offence affect the administration of justice in other areas – such as family courts, child protection, or civil cases?

Does the early evidence from the UK and Ireland indicate that the crime of coercive control is effective in preventing domestic violence?

3. Aboriginal Justice & Gladue:
The 1999 case of R. v. Gladue, [1999] 1 S.C.R. 688, is a landmark case in the sentencing of Aboriginal offenders. In its judgment, the court interpreted s. 718.2(e) of the Criminal Code, introduced in 1994, to encourage judges to find alternatives to incarceration when sentencing Aboriginal offenders and to implement restorative justice initiatives.

As a result of Gladue, courts must consider ‘Gladue Reports’ which are prepared by specially trained social workers and describe the personal history of the Aboriginal offender and place their offending in the context of the history of oppression and marginalization of Indigenous persons in Canada.

It has been found, however, that sentences for serious crimes differ little for Aboriginal and non-Aboriginal offenders. As a result, neither s. 718.2(e) of the Criminal Code nor Gladue Reports have reduced the over-representation of Aboriginal offenders in Canada’s prisons.

What are some reasons why this might be? What reforms might be effective in reducing this over-representation? How can Gladue courts better promote justice for Aboriginal communities and advance the principles of reconciliation?

4. Restorative Justice:

Choose a restorative justice process and describe its history, principles, practices, and uses.

Answer one or more of the following questions:

What is the role of Aboriginal traditions and ceremonies in this process? How has the process been used to improve conditions for Aboriginal peoples? Has the process been effective in diverting offenders away from the criminal justice system and/or in reducing rates of recidivism? How can we bring restorative practices into more widespread use in our legal processes?

5. Sentencing of Racially Marginalized Offenders & IRCAs:

Many courts are now using Impact of Race & Culture Assessments (IRCAs) prepared by specially trained social workers in the sentencing of racial minorities. This process began in Nova Scotia in 2014 to assist judges in crafting appropriate sentences for criminal offenders who have been impacted by race and trauma.

Their use has recently been affirmed by the Nova Scotia Court of Appeal in R. v. Anderson, 2021 NSCA 62. Funding for IRCAs is provided in Nova Scotia, but defence attorneys in other provinces have struggled to obtain funding from legal aid. This practice has certainly been influenced by the decision in Gladue.

Some questions you might address in your paper are:

How will the decision in Anderson affect the use of IRCAs in Canada’s courts? How have IRCAs been used in BC courts? How effective have IRCAs been in reducing the over-representation of racial minorities in prisons in Canada?

6. Data-Driven Policing: The Rise of AI

Technological developments are impacting the administration of criminal justice in a number of ways. Some of these algorithms are developing rapidly – in some cases more rapidly than our justice system can study and respond to their use.

Some examples include:

The use of data-driven analytics to predict hot spots for crime, and to better allocate police resources across space and time.

Algorithms to predict future risk of offending that are being used in sentencing.
Surveillance and biometrics, including facial recognition (even when masked), gait, and other physical characteristics.

You might choose one of the above examples of data-driven policing, and address such questions as:

How does this practice work? What are some of the advantages and disadvantages of its use? Might it have a disproportionate impact on some groups, or be susceptible to bias and discrimination? How should the use of these algorithms be regulated to mitigate some of these harms?

Format:
5-6 pages, double-spaced, size 12 font – excluding the title page and citations.
Sources & Citations:
At least 7 scholarly journal articles or cases.

Required Structure:

1) Introduction: (maximum one page)

Your introduction sets out the context for your discussion. It describes the case you will discuss, the controversy it deals with, its legal and socio-political importance, and clearly states your thesis – the main point or argument you are making.

2) Analysis: (about four to five pages)

a) Critically examine the case and its legal reasoning.

b) Explain the social and political implications of the legal decision. How will it impact future cases in the legal system, or the roles and responsibilities of actors in the legal system? What impact might the ruling have on different groups in society?

4) Conclusion: (one paragraph)

Sum up clearly what the paper has discussed, including the judgment in the case, the topic, and its impacts on the criminal justice system, and its broader socio-legal effects.

You suggest directions for future research, practice, and/or legal reform.

Legal Research:

Scholarly research means case law and articles from academic journals or law reviews, as opposed to newspaper articles, or web sources.

You can use the Canlii website (www.canlii.org) to find a case. This website holds most of the more important cases from across Canada. You can use the “Noteup” function to look up cases that have considered the case you are discussing.

If you would like some assistance on researching case law or academic journals, you may seek assistance from the librarian.

The Douglas College Library web site (https://library.douglascollege.ca) includes information on research, citation guidusees, and links to connect with the librarian.
You can also find some

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