As someone who is interested in criminal law, and prosecution in particular, I often feel as though I am on a different playing field completely than most of my peers in the Designing Legal Expert Systems course. As the government is not exactly known for spearheading innovation, the kinds of advancements I imagine myself creating in my career are very different than the kinds of advancements my classmates can expect in private practice or the type of innovation discussed in this class.
It is not a secret that the criminal justice system is steeped in patriarchy and racism. Canadian state institutions were created by White men, for White men. This reality is evident in, one, the historical formal exclusion of women, Indigenous peoples, and other racialized and minoritized individuals. And two, the patriarchal legacy that has generated continued oppression and marginalization for the women and people of colour who attempt to take up space in these institutions. Some examples of this legacy are the extreme hierarchies in our court systems, the hostility towards brightly coloured clothing, and the overrepresentation of Indigenous people in our prisons, among many others.
This past summer I attended a Canada Bar Association webinar titled Women in Criminal Law. My expectations for these types of discussions tend to be quite low, as many I have attended in the past tend to focus on topics such as “work-life balance” and other topics that men never get asked about. However, I was pleasantly surprised by the types of things the panelists discussed – everything from what to do if you get your period in court to how not to get pressured into specializing in a “women’s issue” area, such as sexual assault.
Although the panelists’ advice and calls for action were inspiring, I was left with the impression that the court system is even more hostile to anyone other than White-cis men than I had previously thought. And this panel was only focused on how the criminal justice system treats female lawyers – how the criminal justice system treats women and minoritized individuals going through the system is an even bigger can of worms.
I recently began reading Progressive Prosecutions: Race and Reform in Criminal Justice, which represents the type of ‘innovations’ I imagine myself advocating for in my career as a prosecutor. The book’s thesis is that prosecutors play a key role in either enabling change within our criminal justice system or continuing to uphold the status quo. Although I do not imagine myself being able to make any major changes to the criminal justice system on my own, I hope to see many advancements in the field within my lifetime.
This was a super interesting read! I think we all know that certain areas of law are more patriachical and racist than others, but I had never thought of the extent of this in criminal law. I agree with you with your realization that innovation looks different across different areas of law. While in family law innovation may take on the form of transitioning to more online systems, in criminal law this may just look like normalizing period talk, for example.
I genuinely loved this honest perspective on an area of law that I’m not the most knowledgeable! I think you can definitely make major changes to the criminal justice system and that starts by acknowledging that the field experiences a different, and perhaps much slower, type of innovation.
I really appreciated your post. I think some of the systemic failings of the justice system you point to are not just social or societal problems but also issues of access and potentially even leave room for (a kind of) innovation. The principles of universal design, for instance, are meant to create spaces, environments and products that are able to used by the widest group of people possible. Some of the base assumptions about decorum or civility in court are rooted in old-fashioned, if not outright regressive, attitudes about self-expression, gender and identity. A universal design approach to the rules of court, for instance, might better welcome people from a variety of lived experiences into the courthouse and the justice system more broadly!
If you’re thinking about these serious gaps already, you’re no doubt bound to be a part of helping fix them, no matter what you do!
I really enjoyed reading your post! You write well 🙂 and what an interesting conversation!
First – I missed this panel so I would be delighted on chatting further and getting some tips on what to do if those things do happen in court.
Second – I also wanted to be a prosecutor but I have since changed my mind
In responding to your blogpost, I really liked this particular part.
“…the patriarchal legacy that has generated continued oppression and marginalization for the women and people of colour who attempt to take up space in these institutions. Some examples of this legacy are the extreme hierarchies in our court systems, the hostility towards brightly coloured clothing, and the overrepresentation of Indigenous people in our prisons, among many others.”
– Really well said. I wonder if the individuals who are part of the system even recognize how they sustain certain hierarchies? Does it benefit some of them so much that they really never bother thinking about it or do they know but do not care because it does not impact them? I do recognize that society is becoming more aware of certain issues including that Indigneous persons are highly overrepresented. I do hope that the younger generation of lawyers and law-makers, including us, work to dismantle these hierarchies.