NCJ Number
140433
Journal
Justice Research Notes Issue: 2 Dated: (March 1991) Pages: 7-8
Date Published
1991
Length
2 pages
Annotation
A recent study commissioned by Canada's Department of Justice on the comparative sentencing of native and non- native people by courts questions the findings of previous studies and calls for more research on which to base firm conclusions.
Abstract
The literature reviewed for the study included both Canadian and international materials and covered both empirical and theoretical research on sentencing disparities. The study suggests that, in terms of case outcome and sentence length, native people in Canada are not treated more severely than non-native people. The study report points out that, although a number of Canadian studies and at least one Australian study conclude that native people do not appear to be discriminated against in the sentencing process, other Canadian studies suggest otherwise. Several studies examined in the report stress the importance of considering the context in which sentencing occurs. Certain Canadian and U.S. studies, for example, indicate that judicial decisionmaking varies according to the size of the local minority and degree of urbanization in the court catchment area. On the whole, data contained in the report do not support the view that native offenders are sentenced more harshly than other offenders. The findings, however, are sometimes based on incomplete data sets and inconsistent methodological approaches. The report suggests a framework for looking at sentencing disparities, based on a series of decision points in the justice process incorporating police, court, and corrections data. Finally, the report reviews a range of sentencing options in various Canadian provinces.