The Power to Criminalize: Violence, Inequality and the Law

by Elizabeth Comack, Gillian Balfour

The tension between traditionalist legal theories that maintain that the law dispenses justice in an impartial fashion and critical theories that maintain that the law reproduces gender, race, and class inequalities provides a context for this investigation into law`s complicity in perpetuating disparities. Police reports, prosecuting lawyer reports, memos, interviews with defense lawyers, sentencing reports, and other primary sources from Canadian violent crime cases illustrate the prejudicial strategies used in litigation. Linguistic nuances that describe a neighborhood celebration as a "birthday party" or a "drinking binge" are among the ways stereotypes are perpetuated. This analysis raises questions about how the law can be applied to realize a more just society.

Genres: Law

199 pages, Paperback

First published January 1, 2004

Reviews

[Ty · Rating 5 out of 5]

So far brillant at showing how the best of intentions don't prevent gross inequalities from occuring in even the most progressively striving legislative systems.

[l · Rating 4 out of 5]

This is a great little book that succinctly explains the problems with law in dealing with violent crime. I'd recommend it to everyone - lay people and lawyers alike.