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Sentencing in Context: Revealing the Realities of Women in Conflict With the Law

NCJ Number
120402
Author(s)
R M Mohr
Date Published
1988
Length
88 pages
Annotation
Although the February 1987 report of the Canadian Sentencing Commission represents a landmark in the history of criminal law reform in Canada, its research and recommendations do not deal with issues that impact greatly on the lives of women in conflict with the law.
Abstract
The Canadian Association of Elizabeth Fry Societies, representing 19 community-based agencies that work on behalf of women involved with the justice system, particularly those in conflict with the law, lent its knowledge and experience to a consultation project that addressed those issues. The report provides the Canadian Department of Justice with a context for sentencing reform that recognizes gender, racial, and class-based inequalities in Canadian society. Reform efforts must address not only the sentencing "approach," but the "impact" of the sentences. The criminal justice system is currently relied upon to fill the gaps left by inadequate social services. It does not question the attitudes of decisionmakers or provide access to education on gender, racial, or class issues. The "process" consists of independent actors making disparate decisions without communicating with each other or with the person in conflict with the law. The consultation project recommends that these issues be addressed before any legislative action is taken in response to the Sentencing Commission report. Equality can be achieved only through a uniform approach to sentencing which considers the different context of the lives of women. 26 references, 4 appendixes (Author abstract modified)

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