Background as for centuries, whether if it

Background of Issue

            For centuries, various international groups have fought
for their rights within their countries, in which, they have fought for women’s
rights and in Canada the recognition of Indigenous people’s rights within the
Canadian government. Although these are political wins for these various
groups, their efforts have gone unnoticed in the eyes of the law as
mistreatment of gender and different minority groups have been known to be
present, even in present day society.  Although
with gaining political rights and recognition by the government, their efforts
are diminished when treated by the criminal justice system. Race, gender, and
social class has been critically involved within the law and can be seen that
those of different class or race can be affected when entering the court
system. A study that was done in 2010 showed that an individual’s gender, race,
and familial role can influence determining their sentences by a judge
(Freiburger, 2010). Another instance of the law mistreating minority groups is
within more research done based upon the sentencing of young adolescents and if
determining the length of the sentence correlated to the individuals’ gender
and race (Steffensmeier, Painter-Davis & Ulmer, 2016). Research found that
hasher sentences were given to male adolescents of different ethnicities, while
females received lenient sentences (Steffensmeier et al, 2016).

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            Having the issue of the law treating different classes,
genders, and races is not acceptable as for centuries, whether if it is Canada
or in any other country in the world, various groups have fought for equality.
Although the government recognizes the equality of all groups, whether if it is
ethnic or gender-based, the law can unconsciously biased when proceeding in
various forms of the law. An example would be from the case of Smith v. Georgia, in which, a United
States jury consisted of all white jurors when the selection of jurors should
be composed of a diverse selection of the population (Bohon et al, 2014). With
efforts of trying to eliminate the biases and the mistreatment of various
groups within the law it can create a more equal justice system in the future.

Criminological Theory

            Critical race theory was first introduced in legal
studies within the United States in the late 1980s to examine the relationship
of the law and race (Harris, 2012). The theory looks further into how the law
creates an unconscious bias against racial cases within the courts and to help
understand the reasoning behind this action and why it is so frequently used
within the court system (Harris, 2012). In relation to the issue of the laws’
mistreatment of various groups such as minorities, gender-based groups, and
social classes, critical race theory easily helps explain and understand if
there is an ongoing issue between these groups and how they are treated amongst
the law. According to the theory, critical race theorists believe that racism
is due to the hierarchy of races, in which, translates onto the structure of
society and how they are seen socially, politically, and economically (Bohon,
Conley, & Brown, 2014, p.1912). In other words, with a certain race showing
dominance over other minority groups, the dominant race dictates the social
structure which involve social, political, and economic control over the other
minority groups.

            The critical race theory correlates well in trying to
understand the mistreatment of various groups within the law as there are many
cases that are related to racial biases such as the court case of Smith v. Georgia. Within this case, it
is mainly centralized upon the lack of diversity of jurors during a murder
case, in which, the jurors consist of a Caucasians although being within a
country that consists of mainly minority groups (Bohon, Conley, & Brown,
2014, p.1911). With cases that such as the Smith
v. Georgia case, exclude minority groups the critical race theory would
interpret that the dominance of Caucasians overrules other minorities and
determine that they are not sufficient enough to help within the court systems.

Aim of Essay Proposal

            With researching further onto the issue
of the law treating difference of social classes, races, and gender can he crucial
to creating a fair and equal justice system when it involves different minority
groups, genders, and classes. By using the critical race theory in relation to
the issue, it will be able to provide insight on how and why the court systems
view various groups differently than other groups of individuals, whether if it
is based on the three categories mentioned on the issue. In creating insight of
why the issue is apparent in court systems, this may lead to critical changes
the justice system needs in order to evolve an equal setting for all social
classes, genders, and ethnicities.