By Elizabeth Hinton and DeAnza Cook

This review synthesizes the historical literature on the criminalization and incarceration of black Americans for an interdisciplinary audience. Drawing on key insights from new histories in the field of American carceral studies, we trace the multifaceted ways in which policymakers and officials at all levels of government have used criminal law, policing, and imprisonment as proxies for exerting social control in predominantly black communities from the colonial era to the present. By underscoring this antiblack punitive tradition in America as central to the development of crime-control strategies and mass incarceration, our review lends vital historical context to ongoing discussions, research, and experimentation within criminology and other fields concerned about the long-standing implications of institutional racism, violence, and inequity entrenched in the administration of criminal justice in the United States from the top down and the ground up.

United States, Annual Review. 2020, 29pg

By Jeffrey S. Adler

This article explores a horrific 1945 child murder in New Orleans and argues that the case revealed broader developments in Southern criminal justice in the age of Jim Crow. Ernestine Bonneval tied her young children to an ironing board and lashed them, killing her 7-year-old daughter. The murder generated outrage, with residents demanding severe punishment, even the gallows, for the brutal crime. After a jury returned a guilty verdict, the judge sentenced the killer to one year in the state penitentiary. New Orleanians initially expressed fury at the lenient punishment but quickly conveyed sympathy for the murdering mother and perceived her as the victim of a failed legal system. The shift reflected four wider changes in white sensibilities about the role of the state. First, New Deal programs establishing a safety net during the Great Depression transformed white attitudes toward government authority. Second, Clementine Bonneval’s death became tethered to a national panic over juvenile delinquency, even though the victim was only 7. Third, gender ideals influenced perceptions of women who engaged in criminal violence. Fourth, and most important, Southern whites increasingly encoded violence as an African American behavior. As a consequence, white killers became hapless victims of circumstances beyond their control. The Bonneval murder was reinterpreted within a racialized construction of crime and criminal culpability that produced more aggressive policing and more draconian punishment for African American suspects and fewer arrests, indictments, convictions, and long prison sentences for white killers. Jim Crow, in short, shaped the modernization of Southern criminal justice.

USA, American Journal of Legal History. 2023, 17pg

By Fernando Forattini

This brief article intends to demonstrate some of the problems with the main theories on corruption and introduce the reader to the new field of Anthropology of Corruption, a type of research that tries to understand one of the most pressing issues nowadays through a nonbinary point of view, but trying to understand the root of corruption, and its multifaceted characteristic, especially through its cultural aspect; and why it is, contemporarily, the most effective political-economic discourse – most at the times used in a populistic fashion, at the expense of democratic institutions. Therefore, we will briefly analyze the three main theoretical strands on corruption and point at some of its faults; then indicate to the reader what are the main goals Anthropology of Corruption, and what questions it seeks to answer; and, finally, the political impact that corruption discourses have on society, and its perils when instrumentalized in populistic discourses.

Eric L. Sevigny, Jared Greathouse, Danye N. Medhin

Background. Globally, cannabis laws and regulations are rapidly changing. Countries are increasingly permitting access to cannabis under various decriminalization, medicalization, and legalization laws. With strong economic, public health, and social justice incentives driving these domestic cannabis policy reforms, liberalization trends are bound to continue. However, despite a large and growing body of interdisciplinary research addressing the policy-relevant health, safety, and socioeconomic consequences of cannabis liberalization, there is a lack of robust primary and systematic research that comprehensively investigates the consequences of these reforms.

Objectives. This evidence and gap map (EGM) summarizes the empirical evidence on cannabis liberalization policies. Primary objectives were to develop a conceptual framework linking cannabis liberalization policies to relevant outcomes, descriptively summarize the empirical evidence, and identify areas of evidence concentration and gaps.

Search Methods. We comprehensively searched for eligible English-language empirical studies published across 23 academic databases and 11 gray literature sources through August 2020. Additions to the pool of potentially eligible studies from supplemental sources were made through November 2020.

Selection Criteria. The conceptual framework for this EGM draws upon a legal epidemiological perspective highlighting the causal effects of law and policy on population-level outcomes. Eligible interventions include policies that create or expand access to a legal or decriminalized supply of cannabis: comprehensive medical cannabis laws (MCLs), limited medical cannabidiol laws (CBDLs), recreational cannabis laws (RCLs), industrial hemp laws (IHLs), and decriminalization of cultivations laws (DCLs). Eligible outcomes include intermediate responses (i.e., attitudes/behaviors and markets/environments) and longer-term consequences (health, safety, and socioeconomic outcomes) of these laws.

Data Collection and Analysis. Both dual screening and dual data extraction were performed with third person deconfliction. Primary studies were appraised using the Maryland Scientific Methods Scale and systematic reviews were assessed using AMSTAR 2.

Main Results. The EGM includes 447 studies, comprising 438 primary studies and nine systematic reviews. Most research derives from the United States, with little research from other countries. By far, most cannabis liberalization research focuses on the effects of MCLs and RCLs. Studies targeting other laws—including CBDLs, IHLs, and DCLs—are relatively rare. Of the 113 distinct outcomes we documented, cannabis use was the single most frequently investigated. More than half these outcomes were addressed by three or fewer studies, highlighting substantial evidence gaps in the literature. The systematic evidence base is relatively small, comprising just seven completed reviews on cannabis use (3), opioid-related harms (3), and alcohol-related outcomes (1). Moreover, we have limited confidence in the reviews, as five were appraised as minimal quality and two as low quality.

Authors’ Conclusions. More primary and systematic research is needed to better understand the effects of cannabis liberalization laws on longer-term—and arguably more salient—health, safety, and socioeconomic outcomes. Since most research concerns MCLs and RCLs, there is a critical need for research on the societal impacts of industrial hemp production, medical CBD products, and decriminalized cannabis cultivation. Future research should also prioritize understanding the heterogeneous effects of these laws given differences in specific provisions and implementation across jurisdictions

Systematic Reviews, vol. 19(4), 2023.

By U.S. Bureau of Justice Assistance

his brief reviews activities undertaken by states to expand the use of telehealth for justice-involved individuals with SUDs during the COVID-19 pandemic, shares lessons learned, and highlights considerations for governors who wish to leverage telehealth services to increase access to SUD treatment for those involved in the justice system. Justice-involved individuals have historically had difficulties accessing treatment for SUDs and co-occurring behavioral health disorders. These difficulties can be mitigated by the benefits provided by telehealth, which include increased access to care for patients, reduced stigma, improved safety for staff, cost reductions for correctional institutions, and overall improvements to quality of care. In recent years, governors and state correctional and health officials have made great strides to improve access to SUD treatment for justice-involved individuals—both those within correctional facilities and on community supervision. Lessons learned for expanding these programs include ensuring access to evidence-based medication and treatment, emphasizing collaboration among justice systems and health partners, developing tailored treatment plans, reducing treatment barriers upon release, staff training, and developing robust program evaluation plans. States that have implemented telehealth services for justice-involved populations recognize several advantages for using them for treatment. States also identified several challenges with using telehealth services. States may consider these challenges and lessons learned when implementing or expanding telehealth programs for justice-involved individuals with SUDs.

Washington, DC: BJA, 2023, 6p.

By of Justice Assistance

Co-occurrence of post-traumatic stress disorder (PTSD) and substance use disorder (SUD) are very common, so it is crucial that SUD treatment providers incorporate initial PTSD screening and ongoing PTSD symptom monitoring. Doing so will allow for early intervention opportunities and better long-term outcomes. PTSD and SUDs often occur together, and an individual with diagnosed PTSD-SUD faces several associated long-term health risks. As a result, SUD treatment providers should consider PTSD screening at the beginning of treatment programs as well as ongoing PTSD symptom monitoring. Screening and monitoring for PTSD-SUD will allow for early intervention using strategies that are tailored for a dual diagnosis. Lifetime PTSD is a common psychiatric diagnosis (occurring in approximately 6.1 percent of adults), with even higher rates among rural, low-income communities. PTSD alone is associated with several adverse health outcomes, but individuals with PTSD also are likely to suffer from other disorders, including substance use disorders (SUDs). Individuals with both PTSD and an SUD (PTSD-SUD) report more severe long-term functional impairments than individuals with only one of these diagnoses. In addition, SUD recovery rates are much lower in people with PTSD than in those without.

Washington, DC: BJA, 2023. 6p.

By Takahito Shimada, Ai Suzuki and Mamoru Aremiya

Background: City-specific temporal analysis has been commonly used to investigate the impact of COVID-19-related behavioural regulation policies on crime. However, these previous studies fail to consider differences in the intensity of intervention among cities and the impact of these behavioural regulation policies on crime trends nationwide. This study performs panel data analyses to examine how the declaration of a state of emergency (SoE) affected ambient population and crime in Japan, taking advantage of the fact that the SoE was implemented at different times in different prefectures. Methods: The current study uses two sets of panel data of 47 prefectures for 22 weeks from February to July 2020: (1) the data on ambient population in five types of locations provided by the Google Mobility Reports, and (2) official crime data of six types of crime: residential burglary, commercial burglary, theft of/from vehicle, bicycle theft, sexual assault, and violence and injury. Firstly, an ordinary least squares regression analysis was performed to examine the impact of the SoE on the ambient population. Then a negative binomial model with fixed effects was adopted to examine the effect of the ambient population on the crime trends. Findings: The SoE declaration was found to increase the ambient population in 'residential', and decrease that in other settings including 'workplaces', 'transit stations', and 'retail and recreation' in targeted prefectures. Spill-over effects of the SoE were observed on the ambient population of non-SoE prefectures. The ambient population have impacted five out of the six types of crime examined, except for sexual assault. After controlling for the ambient population, we observed an increase in commercial burglary and theft of/from the vehicle in all prefectures during the SoE weeks, compared to the weeks when the SoE was not declared. Conclusions: The declaration of the SoE during the COVID-19 pandemic changed the ambient population in the SoE-prefectures, resulting the changes in crime levels as well. In addition, the implementation of the SoE in specific prefectures was found to have a contextual impact on national-level crime trends. Furthermore, the implementation of the SoE caused changes in some crime types that could not be explained by the changes in the ambient population, suggesting that the implementation of the SoE affected offenders' decision-making. It is also worth noting that the changes in ambient population and crime trends during the pandemic were observed in Japan where the behavioural regulation policy without law enforcement was introduced.

Crime Science 2023 12:13

By Sarah Brayne and Angele Christin

The number of predictive technologies used in the U.S. criminal justice system is on the rise. Yet there is little research to date on the reception of algorithms in criminal justice institutions. We draw on ethnographic fieldwork conducted within a large urban police department and a midsized criminal court to assess the impact of predictive technologies at different stages of the criminal justice process. We first show that similar arguments are mobilized to justify the adoption of predictive algorithms in law enforcement and criminal courts. In both cases, algorithms are described as more objective and efficient than humans’ discretionary judgment. We then study how predictive algorithms are used, documenting similar processes of professional resistance among law enforcement and legal professionals. In both cases, resentment toward predictive algorithms is fueled by fears of deskilling and heightened managerial surveillance. Two practical strategies of resistance emerge: footdragging and data obfuscation. We conclude by discussing how predictive technologies do not replace, but rather displace discretion to less visible—and therefore less accountable— areas within organizations, a shift which has important implications for inequality and the administration of justice in the age of big data.

Social Problems, Volume 68, Issue 3, August 2021, Pages 608–624,

By Richard Bade, Bradley S. Simpson, Maulik Ghetia, Lynn Nguyen, Jason M. White, Cobus Gerber

Aim: To assess the effects of social distancing and social isolation policies triggered by COVID-19 on alcohol consumption using wastewater analysis in Adelaide, South Australia.

Design: Longitudinal quantitative analysis of influent wastewater data for alcohol concentration.

Setting: Adelaide, South Australia.

Participants: Wastewater catchment area representative of 1.1 million inhabitants.

Measurements: Twenty-four hour composite influent wastewater samples were collected from four wastewater treatment plants in Adelaide, South Australia for 7 consecutive days (Wednesday–Tuesday) every 2 months from April 2016–April 2020. The alcohol metabolite ethyl sulfate was measured in samples using chromatography–tandem mass spectrometry. Data were population-weighted adjusted with consumption expressed as standard drinks/day/1000 people. Weekly consumption and weekend to mid-week consumption ratios were analysed to identify changes in weekday alcohol use pattern.

Findings: Estimated weekend alcohol consumption was significantly lower (698 standard drinks/day/1000 people) after self-isolation measures were enforced in April 2020 compared with the preceding sampling period in February 2020 (1047 standard drinks/day/1000 people), P < 0.05. Weekend to midweek consumption ratio was 12% lower than the average ratio compared with all previous sampling periods. April 2020 recorded the lowest alcohol consumption relative to April in previous years, dating back to 2016.

Conclusions: Wastewater analysis suggests that introduction of social distancing and isolation policies triggered by COVID-19 in Adelaide, South Australia, was associated with a decrease in population-level weekend alcohol consumption.

Addiction, Volume116, Issue6. June 2021. Pages 1600-1605

By Manne Gerell, Annica Allvin, Michael Frith & Torbjørn Skardhamar

Alcohol consumption and crime are closely linked and there is often more crime near pubs and bars. Few studies have considered the impact of restricting access to pubs or bars on crime, and the present study aims to provide more insight into this by using the restrictions to combat the COVID-19 pandemic as a natural experiment. In Oslo, Norway, alcohol serving was banned twice during 2020, and at other times during the year, restrictions were placed on how late it could be served. In the present paper, these restrictions are analysed, alongside more general COVID-19 restrictions, to assess their association with crime. To identify these, we employ negative binomial regression models of daily crime counts for nine types of crime adjusted for the day of the week, the week of the year, and the year itself. This is in addition to the presence, or absence, of alcohol-related restrictions and more general COVID-19 restrictions. The findings suggest that both, general restrictions and bans on serving alcohol, reduced crime, although not universally across all crime types and times of the day. When pubs are ordered not to sell alcohol after midnight there appears to be an unexpected increase in crime.

Nordic Journal of Criminology. 2022, 23 (2), 136-155, DOI: https://doi.org/10.1080/2578983X.2022.2100966

By Christopher B.R. Smith

Examining the interdependent nature of substance, space, and subjectivity, this book constitutes an interdisciplinary analysis of the intoxication indigenous to what has been termed "our narcotic modernity." The first section – Drug/Culture – demonstrates how the body of the addict and the social body of the city are both inscribed by "controlled" substance. Positing addiction as a "pathology (out) of place" that is specific to the (late-)capitalist urban landscape, the second section – Dope/Sick – conducts a critique of the prevailing pathology paradigm of addiction, proposing in its place a theoretical reconceptualization of drug dependence in the terms of "p/re/in-scription." Remapping the successive stages or phases of our narcotic modernity, the third section –Narco/State – delineates three primary eras of narcotic modernity, including the contemporary city of "safe"/"supervised" consumption. Employing an experimental, "intra-textual" format, the fourth section –Brain/Disease – mimics the sense, state or scape of intoxication accompanying each permutation of narcotic modernity in the interchangeable terms of drug, dream and/or disease. Tracing the parallel evolution of "addiction," the (late-)capitalist cityscape, and the pathological project of modernity, the four parts of this book thus together constitute a users’ guide to urban space.

London; New York: Routledge, 2016. 252p.

By B.C.Tefft, and L.S.. & Arnold,

Washington State Initiative 502 (I-502), effective Dec. 6, 2012, legalized possession of small amounts of cannabis for recreational use by adults aged 21 years and older. It also included a prohibition against driving with 5 or more nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of blood, along with a zero tolerance prohibition for drivers younger than 21 years of age. THC is the main psychoactive component in cannabis and detection of THC in blood is suggestive of recent use. A previous study by the AAA Foundation for Traffic Safety examined data from drivers involved in fatal crashes in Washington State in years 2010-2014 and estimated that the proportion of drivers with detectable THC approximately doubled several months after I-502 became effective (Tefft et al., 2016). The research reported here updates the previous study with three additional years of data, post-legalization. Multiple imputation was used to estimate the proportion of drivers who were THC-positive among those who were not tested for drugs or whose test results were unavailable. Results indicate that five years after I-502, the proportion of fatal-crash-involved drivers who are THC-positive has remained approximately double the level observed before I-502. An estimated 21% of all drivers involved in fatal crashes in Washington State in 2017 were THC-positive, higher than in any other year in the 10-year period examined

Washington, D.C.: AAA Foundation for Traffic Safety , 2020. 6p.

Edited by Gian Ege, Andreas Schloenhardt ,Christian Schwarzenegger and Monika Stempkowski

Debates about decriminalising or even legalising certain narcotic drugs and psychotropic substances have gained much momentum in recent years. On the surface, it appears that more and more jurisdictions are exploring the introduction of measures to permit, albeit in very controlled ways, the use of some narcotic drugs, if only for medical purposes. Others further agree that the so-called ‘war on drugs’ has failed to produce any meaningful success and that new ways to prevent the abuse of narcotic drugs and psychotropic substances need to be explored. Nevertheless, most jurisdictions continue to impose near-complete bans on the production, manufacturing, trade, transport, supply, sale, and possession of illicit drugs. National authorities, along with international organisations, point out that any move to decriminalise narcotic drugs and psychotropic substances is inconsistent with international law.

Berlin: Carl Grossman Verlag 2023. 250p.

By Véronique Irwin; Ke Wang; Jiashan Cui; and Alexandra Thompson

This report is the 25th in a series of annual publications produced jointly by the Bureau of Justice Statistics (BJS) and the National Center for Education Statistics (NCES), Institute of Education Sciences, Department of Education. It provides official estimates of school crime and safety from a variety of data sources, including national surveys of students, teachers, principals, and post-secondary institutions. The report presents data on different types of student victimization, measures of school conditions, and student perceptions about their personal safety at school. Indicator 2: Incidence of Victimization at School and Away From School includes data from BJS’s National Crime Victimization Survey. Each of the 23 indicators is presented separately, and all indicators can be found in the Condition of Education at NCES.

Highlights:

• For students ages 12–18, the rate of nonfatal criminal victimization (including theft and violent victimization) at school in 2019 was not significantly different than the rate in 2010. From 2019 to 2021, the rate at school decreased from 30 to 7 victimizations per 1,000 students.

• Lower percentages of public school teachers in 2020–21 than in 2011–12 reported being threatened with injury by a student from their school (6 vs. 10 percent) and being physically attacked by a student from their school (4 vs. 6 percent).

• Higher percentages of public schools in 2019–20 than in 2009–10 reported problems with student cyberbullying (16 vs. 8 percent) at least once a week.

• Lower percentages of students in grades 9–12 in 2019 than in 2009 reported the following issues: having been in a physical fight on school property in the previous 12 months (8 vs. 11 percent); carrying a weapon on school property during the previous 30 days (3 vs. 6 percent); and using alcohol on at least 1 day during the previous 30 days (29 vs. 42 percent).

Washington, DC: The U.S. Department of Justice (DOJ), Bureau of Justice Statistics (BJS) and National Center for Education Statistics (NCES), Institute of Education Sciences, and Department of Education , 2023,

By Jack Norton, Stephen Jones, Bea Halbach-Singh, Jasmine Heiss

When people are arrested and charged for activities they are forced to engage in to survive—such as driving without a license or sleeping outside—poverty becomes criminalized. In these cases, being poor is essentially made illegal. In collaboration with Free Hearts—an organization led by formerly incarcerated women—Vera researchers explain how poverty has been criminalized across Tennessee and what this means for people who live in communities in the state. The effects of the criminalization of poverty are compounded through the collection of money bail; additional fines, fees, and costs; and barriers to housing, transportation, education, and employment. With deep dives into several counties across Tennessee, the report shows how incarceration and policing are related to other systems that both punish and exacerbate poverty in the state. The report outlines actionable steps that can be taken now to build toward a vision of safety that includes all Tennesseans.

New York: Vera Institute of Justice, 2022. 58p.

By Matthew L Williams; Pete Burnap, Amir Javed, Han Liu, Sefa Ozalp

Hate crimes have risen up the hierarchy of individual and social harms, following the revelation of record high police figures and policy responses from national and devolved governments. The highest number of hate crimes in history was recorded by the police in England and Wales in 2017/18. The 94,098 hate offences represented a 17 per cent increase on the previous year and a 123 per cent increase on 2012/13. Although the Crime Survey for England and Wales has recorded a consistent decrease in total hate crime victimization (combining race, religion, sexual orientation, disability and transgender), estimations for race and religion-based hate crimes in isolation show an increase from a 112,000 annual average (April 13–March 15) to a 117,000 annual average (April 15–March 17) (ONS, 2017). This increase does not take into account the likely rise in hate victimization in the aftermath of the 2017 terror attacks in London and Manchester. Despite improvements in hate crime reporting and recording, the consensus is that a significant ‘dark figure’ remains. There continues a policy and practice needed to improve the intelligence about hate crimes, and in particular to better understand the role community tensions and events play in patterns of perpetration. The HMICFRS (2018) inspection on police responses to hate crimes evidence that forces remain largely ill-prepared to handle the dramatic increases in racially and religiously

The British Journal of Criminology, Volume 60, Issue 1, January 2020, Pages 93–117

By Paul Moran, Manuela Jarrett, George Vamvakas, Sarah Roberts, Barbara Barrett, Colin Campbell, Mizan Khondoker, Julie Trebilcock, Tim Weaver, Julian Walker, Mike Crawford & Andrew Forrester

The Offender Personality Disorder (OPD) Pathway programme is a jointly commissioned initiative between NHS England and Improvement and HM Prison & Probation Service aimed at supporting and managing offenders with complex mental health needs. The aim is to provide a network of psychologically informed services for high-risk high-harm offenders guided by detailed case formulation. The aim of this evaluation was to identify how the Pathway was being experienced by offenders within Pathway services and the staff involved in managing them since its implementation, to statistically compare outcomes between individuals referred to OPD services and those not referred, and to identify whether there was evidence of cost-effectiveness of the Pathway and how different elements of the Pathway contribute to cost-effectiveness. It should be noted that the aim of this evaluation was to look at the OPD Pathway as a whole, and was not to identify the contribution of the various OPD Pathway interventions.

Ministry of Justice Analytical Series 2022 . London: Ministry of Justice, 2022. 39p.

By Özlem Dündar

There are many reasons for crime, including biological, psychological, economic, and social. The reasons for the crime may vary by the types of crime. While some types of crimes are mostly committed for economic reasons, many factors other than economic factors can be predominantly influential in committing some types of crimes. It is essential to investigate the economic causes of crime types. Because, there may be economic reasons on the basis of crimes stemming from psychological and sociological reasons. In this study context, the economic reasons for theft crime which is mostly committed for economic reasons, were investigated by the System Generalized Moments Method (GMM) for selected countries (25 OECD countries) that are members of the Organization for Economic Development and Cooperation. While determining the OECD member countries, the data set of all the variables (unemployment, Gini coefficient as an indicator of income inequality, consumer price index as an indicator of inflation, social expenditures, and population) included in the analysis was examined, and a standard analysis period (2013-2018) was determined according to these data. Thus, the effect of these variables on theft crime was investigated for the period 2013-2018. In the literature, economic variables were mostly used in the studies on the subject, but there were not many studies investigating the effect of the social expenditure variable on theft crime. For this reason, it is considered that the study will contribute to the literature. According to the system GMM analysis results, while unemployment, inflation rate (consumer price index), and the Gini coefficient positively affect theft crime, social expenditures and population variables show no effect.

Unpublished paper, 2022. 23p.

By Kelly M. Babchishin, Leslie-Anne Keown, and Kimberly P. Mularczyk

Employment is a key factor that helps reduce reoffending rates among individuals with criminal records. The current study examined the economic outcomes of 11,158 federal offenders (Mage in 2014 = 47 years) admitted to Correctional Service of Canada institutions between January 4th, 1999 and December 31st 2001 (medianadmission year = 2000) who were released in the community for an average of 14 years. The purpose of the current study was to better understand the economic outcomes of Canadian federal offenders. More than half of the cohort of released offenders filed their taxes (5,835 of 11,158). The current study suggests that individuals with criminal records face considerable barriers when seeking employment in Canada, with only half of the individuals released from federal institutions finding employment after an average of 14 years. Individuals released from federal correctional institutions participated in the labour market less, made substantially less employment income, received more social assistance payments, and filed taxes less than the general Canadian population. After an average of 14 years post release, most individuals were underemployed with a median income of $0. Of those who reported employment, the average reported income was $14,000. This is less than half of what Canadians in the general population earn through employment. We also found that barriers to finding gainful employment following incarceration disproportionately impacted women, Indigenous, and older individuals, with these groups fairing even poorer than men, non-Indigenous, and younger individuals with criminal records. The current study suggests that more should be done to assist individuals with a criminal record secure gainful employment.

RESEARCH REPORT: 2021-R002 . Ottawa:; Public Safety Canada, 2021. 37p.

By Ireland Bellsmith, Olivia Goertzen, Kia Neilsen and Olivia Stinson

Poverty is both a source and a consequence of injustice. The following is a brief review of some of the many issues at the intersection between poverty and the justice system, and more generally, poverty and access to justice. It is based on a review of the literature as well as some of the prior work by the International Centre for Criminal Law Reform and Criminal Justice Policy, an institute of the UN Crime Prevention and Criminal Justice Programme Network based in Vancouver, BC. In their first report, the National Advisory Council on Poverty (NACP) defined poverty as the deprivation of resources and the lack of power required to attain basic living standards and to facilitate social integration and inclusion, thus clearly linking poverty to social exclusion or marginalization. Although the Council agreed with that broad definition of poverty, initially used in Opportunity for All – Canada’s First Poverty Reduction Strategy, it also acknowledged that a more comprehensive definition would further emphasize the feelings of social disconnect and disempowerment that commonly characterize poverty. Poverty limits people’s access to justice and their ability to resolve conflicts and deal with everyday legal problems. It is a very disempowering and alienating experience. The resulting inability to successfully resolve legal problems is itself contributing to people’s inability to attain or maintain basic living standards. The justice system instead of empowering poor people and allowing them to fight for their rights is too often a source for them of frustration, disillusionment, and disempowerment, as well as a direct reflection of prevailing social inequality and exclusion. The experience of the justice system for marginalized victims of crime and individuals struggling with poverty is also problematic and is also contributing to and dictated by poverty. Yet, poverty is linked to higher rates of victimization and the consequences of victimization are often direr for people experiencing poverty and marginalization. Finally, the experience of people facing criminal charges or being convicted of a crime is also affected by their social and economic status. The likelihood of a criminal conviction and the consequences of a criminal conviction are directly influenced by the means of the defendants and the means and social capital of those who are convicted. The lack of support for convicted offenders, compounding their ostracization, is a further source of inequality and contributes to further entrenching them and their family in poverty and exclusion. This report presents an overview of recent research and general information gathered from persuasive articles, publications, and research studies on the topic of poverty in Canada and its implications and influence on access to justice. By evaluating different areas of justice and legal proceedings, we seek to identify emerging themes in research and analyze effective practices and those that appear to fall short. Thus far, evident themes between poverty and access to justice include unsatisfactory victim experience, conditions leading to incarceration despite the availability of alternatives, lack of legal awareness within communities, and problematic disempowerment. While current practices and legislation have sought to address these obstacles inherent to the Canadian justice system, we suggest that the circumstances of poverty continue to impede equal access to justice in a number of ways and recommend that further research be conducted to evaluate best practices.

Vancouver, BC: International Centre for Criminal Law Reform , 2022. 38p