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Implicating the system : judicial discourses in the sentencing of Indigenous women  Cover Image Book Book

Implicating the system : judicial discourses in the sentencing of Indigenous women / Elspeth Kaiser-Derrick.


"Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions. The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system."-- Provided by publisher.

Record details

  • ISBN: 9780887558283
  • ISBN: 0887558283
  • Physical Description: 408 pages ; 23 cm
  • Publisher: Winnipeg, Manitoba : University of Manitoba Press, 2019.

Content descriptions

Bibliography, etc. Note:
Includes bibliographical references and index.
Formatted Contents Note:
Listening to what the criminal justice system hears -- Pathways through feminst theories, into the system -- Sentencing trauma : Gladue and the continuum, judicial navigations -- Incarceration wounds : judicial discourses about healing -- Refracted through institutional lenses -- Acknowledgements -- Notes -- Bibliography -- Index.
Additional Physical Form available Note:
Issued also in electronic formats.
Subject: Judgments, Criminal > Social aspects > Canada.
Sentences (Criminal procedure) > Social aspects > Canada.
Alternatives to imprisonment > Canada.
Restorative justice > Canada.
Discrimination in criminal justice administration > Canada.
Native women > Legal status, laws, etc. > Canada
Sentences (Criminal procedure) > Social aspects

Available copies

  • 1 of 1 copy available at Legislative Library.


  • 0 current holds with 1 total copy.
Show Only Available Copies
Location Call Number / Copy Notes Barcode Shelving Location Holdable? Status Due Date
Legislative Library, Vaughan Street HV 9308 Kai (Text) 36970100238155 Manitoba Heritage Collection Not holdable Onsite consultation -

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