Incarceration And High Disproportionality Of Aboriginal Offenders

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By incarcerating offenders the state based justice system ignores offenders needs and histories (Elliott, 2011, p. 72). The state assumes offenders are rational. This rationality is tied to the system looking at the individual level or the “bad apples” of responsibility (Zimbardo, 2008; Elliot, 2011, p. 72). However, a rational decision maker is unable to always predict potential alternatives and consequences (Zsolnai, 1997). Therefore, the individual level of responsibly ignores other systematic factors that influence offending. It is arguable that the Western system examines beyond the individual level by incorporating specific sentencing principles for Aboriginal people (see R v Gladue, 1999). However, society still has mass…show more content…
This is likely to curb the successful development of informal controls which is seen as a better deterrent than formal systems of control, like incarceration (MacKenzie & De Li, 2002, p. 244). Community justice benefits over the state based justice system with respect to punishment. Specifically, community justice focuses on the restoration and rehabilitation (Taylor & Auerhahn, 2015, p. 303), rather than incarceration. Transgressions are given to the victims, offenders and community to resolve rather than letting the state impose arbitrary sanctions. Community justice allows for more direct solutions to solve crime through the collective agreement between all stakeholders (Wenzel et al., 2008, p. 376). This allows for restorative treatment which has higher levels of satisfaction than traditional forms of incarceration (Wenzel et al., 2008, p. 377). The second limitation of the state based justice is system is that victims are ignored and excluded from the formal criminal justice process (Daigle, 2012, p. 2). Under the state system the power is taken away from victims and placed into the hands of the state to ensure control over the criminal proceedings (Elliott, 2011, p. 65). Gromet and Darley (2006) argue that crime victims experience marginalization and frustration due to their exclusion in criminal proceedings (p. 396). They lack voice and an ability to
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