Deck 5: Racism and the Justice System

Question 1

What systemic factor adversely impacts visible minorities in the bail process?

A) Seriousness of offence
B) Employment status
C) Previous record
D) Overt biases held by court officials
E) Inability to hire a lawyer in time for bail hearing

Answer 1

Employment status

Question 2

If a judge gives a 'White' male a fine for possessing a small amount of marijuana but later sentences a 'Black' male to one month in jail for the same offence, this is known as

A) Mandatory sentencing
B) Systemic racism
C) Sentencing disparities
D) Symbolic racism
E) Differential sentencing

Answer 2

Differential sentencing

Question 3

Which of the following strategies might be able to address issues of racism in the criminal justice system?

A) Enforcement of existing anti-racism policies
B) Dismantling existing criminal justice system
C) Decreased monitoring of police officers in day-to-day activities
D) Impose 1 day race relations training seminar
E) All of the above

Answer 3

Enforcement of existing anti-racism policies

Question 4

Which of the following statements is a VALID critique of the jury selection process in Canada when it comes to the issue of lack of representation among racialized groups?

A) Use of voters' list to composite jury pool is ineffective because the lists quickly become inaccurate
B) The fact thousands of people who came to Canada and, for whatever reason, failed to (or their parents did) apply for citizenship which automatically disqualifies them from consideration
C) Use of "minority jury quota" legislation in 1999 has created impression that laws favour minorities at the expense of the dominant society
D) The power of judges who are able to tell if potential jurists are racist needs to be expanded to ensure decisions are fair and impartial.
E) When they are eligible, most racialized peoples try to avoid participating

Question 5

In terms of sentencing outcomes in the court system, which charges tend to produce the largest racial disparities?

A) Drug-related crimes
B) Violence-related crimes
C) Gang-related crimes
D) White-collar crimes
E) Black-collar crimes

Question 6

Critical legal theory suggests that a link needs to be established between:

A) Law and immigration
B) Law and economics
C) Law and culture
D) Law and sports
E) Law and morality

Question 7

When it comes to perceptions of justice in Canada, studies have consistently found that

A) The majority of Aboriginals and Asians express high levels of satisfaction with the justice system.
B) Whites believe that allegations of racism will bring the system into disrepute.
C) South Asians are most likely to support the way the current justice system functions.
D) Blacks show high levels of distrust and hostility toward the criminal justice system.
E) Most Canadians believe that justice is colour-blind and everyone is treated the same.

Question 8

It has been said that many Crown and defence counsel harbour racially biased attitudes. One of the ways these attitudes are expressed in the courtroom includes:

A) Counsel's submissions to the courts
B) Encouraging white defendants to plead guilty because no one will believe their stories.
C) Refusing to act on the behalf of racialized clients.
D) Refusing to lay charges brought by racial-minority persons.
E) Challenging allegations made by racial-minority persons.

Question 9

In the case known as R.D.S. where a black youth was charged with assaulting a white police officer, the first Black woman judge to be appointed to the bench in Nova Scotia found that reasonable doubt existed and acquitted the black youth of all charges. However, the Crown in that case appealed the decision to the Nova Scotia Supreme Court. What was the basis of their appeal?

A) Prosecutorial misconduct
B) Perjured testimony from R.D.S.
C) Judicial bias
D) Inadmissible evidence
E) Reverse racism against the white police officer

Question 10

It has been stated that victims of racially-motivated crimes are often dissuaded by their own defence counsel from raising questions of racism because they are

A) Afraid of the publicity that the case would generate in the media
B) Told that to do so would only make matters worse for them
C) Usually going to ask for more money to do so
D) Afraid of upsetting the judge who is a white female
E) They could be sued for slander if they lose the case

Question 11

One of the most frequent complaints levied against both Crown and defence counsel is that the often advise racial minorities to plead guilty because "no one will believe your story". What is another reason that counsel have cited to encourage a guilty plea?

A) To help expedite the case
B) They will receive a harsher penalty for wasting the courts time
C) They are not legally entitled to a jury trial
D) The Crown would appeal in the case of an acquittal
E) The Crown will agree that the accused will not have a criminal record as a result

Question 12

A number of guidelines have been created that provides standards for the behaviour of federally appointed judges, such as judges should keep their political opinions to themselves and to avoid making sexist and racist comments. However, a vocal minority of judges were opposed to such behavioural guidelines, arguing they would

A) Eliminate the right to a fair and impartial trial
B) Allow designated visible minority groups to dictate the language that is used in a court of law
C) Interfere with judicial independence
D) Infringe on their individual rights, most notably Freedom of Speech
E) Sabotage the very nature of the common law system

Question 13

Which of the following is used to compose a jury in the province of Ontario?

A) Income Tax Claims
B) Census data
C) 'Application to Be a Juror' forms
D) D.N.A. and other genetic databases
E) Voters' lists

Question 14

In order to be a potential juror, you must

A) Have a valid Canadian driver's license
B) Have no more than one minor criminal conviction
C) Send a signed letter expressing interest
D) Be a Canadian citizen
E) Earn more than CDN $22, 000 in legal earnings annually

Question 15

A challenge for cause on racism

A) Allows Crown and defence counsel to determine whether jurors hold prejudices or opinions that would bias their objectivity
B) Allows accused persons to raise issues of bias if they feel they were not given a fair trial
C) Allows accused persons to determine whether or not court officials (e.g. judges, juries, court reporters) are prejudiced against certain racial groups
D) Allows the media to publish stories where racism is found to have interfered with the administration of justice
E) Can determine whether or not a jury is reflective of the diversity that exists in that particular jurisdiction

Question 16

What case was before the Ontario Court of Appeal when it was affirmed that the challenge of racism for Black defendants was legitimate because of the prevalence of racism in the system?

A) Regina v. Jefferson
B) Regina v. Montgomery
C) Regina v. Simpson
D) Regina v. Parks
E) Regina v. Oscars

Question 17

A study conducted in 1996 by Henry et al., looking at racial attitudes about race and crime in Toronto and Durham region found that nearly two-thirds of respondents believed a link existed between

A) An individual's earnings and their propensity toward criminal activity
B) An individual's race and their propensity toward criminal activity
C) An individual's marital status and their propensity toward criminal activity
D) A groups immigration status and their propensity toward criminal activity
E) A groups religious beliefs and their propensity toward criminal activity

Question 18

The case study exposing how racial bias can manifest in administrative tribunals clearly demonstrated

A) How the racial sensitivity expressed by one adjudicator can be stifled by less liberal decision-makers
B) The glaring absence of visible minority representatives on government tribunal boards
C) That new anti-racism initiatives can really have an impact on the way justice is dispensed
D) That multiculturalism policies need to be totally revamped
E) That tribunals lack the competence to assess cultural and racial issues

Question 19

Which Canadian newspaper's investigative series revealed the extent of racial profiling by the Toronto police force in the fall of 2003?

A) The Mississauga News
B) The Globe and Mail
C) The National Post
D) The Toronto Star
E) The Toronto Sun

Question 20

Which of the following discourse BEST describes how Canadian court officials have dealt with allegations of racism in the justice system?

A) Discourse of Oppression
B) Discourse of Reverse Racism
C) Discourse of Blaming the Victim
D) Discourse of Denial
E) Discourse of Binary Polarization

Question 21

There have been several government inquires created to address the issue of racism in the Canadian justice system. However, very few of the recommendations that have been made have actually been implemented because of

A) A lack of funding
B) A lack of public consensus
C) A lack of political will
D) A lack of statistical evidence
E) A cancelation of all government agencies dealing with racism and anti-racism

Question 22

For the most part, practising judges, defence and Crown counsel in Canadian court rooms have had little _________ in matters relating to the manifestations of racism in public systems.

A) Patience
B) Training
C) Expertise
D) Support
E) Credibility

Question 23

Which of the following policies brought about a more concerted effort to hire more minority lawyers in the public service sector and to appoint more to the judiciary?

A) Job Quota Repeal Act
B) Employment Equity legislation
C) Affirmative Action policies
D) The Public Service Standards Act
E) The Charter of Rights and Freedoms

Question 24

A standard rationalization used by the courts to refuse the granting of bail to minority accused is that

A) "They can't pay the lawyer's fees"
B) "They will run back to their home countries to escape prosecution"
C) "They are unemployed and have no strong ties to society"
D) "They can't raise the money for bail"
E) "They are guilty until proven innocent"

Question 25

A judge, sentencing a tall, heavily built Black male convicted of trafficking cocaine, stated "I am afraid of you. I'm going to give you a year in prison." This would be an example of _______.

A) Mandatory sentencing
B) Judicial independence
C) A mistrial
D) Individual racism
E) Aversive racism
True & False Questions:

Question 26

It is not Canadian law that is a site of discrimination, but rather the attitudes and actions of key decision-makers in the justice system.

Question 27

Federally appointed judges in Canada are encouraged to apply their personal experience and knowledge of race and racism when making legal decisions.

Question 28

Individuals who came to Canada as children and their parents neglected to make them citizens and who, for whatever reason, have failed to apply for citizenship are only allowed to be a juror only in civil cases, not criminal trials.

Question 29

The Parks decision, outlining when a challenge for cause can be made, applies to non-Black racial minorities as well.

Question 30

High rates of criminality in communities populated by mostly ''visible minorities'' is one reason why there are very few people from these same groups working in the justice system.

Question 31

After making an arrest, police officers do not have any influence on decisions made throughout the criminal justice process.

Question 32

Common law doctrines, statutory principles, and provisions neutral on their face can easily be employed and interpreted to produce racially biased results.

Question 33

With respect to racial minorities in Ontario, the relationship between the justice system and minorities has been described as "two solitudes in life."

Question 34

A court can readily justify matters such as credibility, findings, detention orders and harsh sentences by articulating 'legitimate factors'.

Question 35

Judges accused of misconduct are usually severely reprimanded by their governing bodies.