Substantive equality and criminal legal processes

• In Event: The value of keywords: Mercy, equality, hope, and liberty in penal Policy, practice and experience

Abstract

Liberal criminal law theory and processes are assumed to be underpinned by certain values, including equality. State decision-makers often justify their authority by asserting that their decisions uphold this principle. Nevertheless, studies have shown that several decisions within the criminal legal process, notably prosecutions, are often influenced by considerations that are based in structural inequalities and biases rather than assessments guided by substantive equality. When prosecutors fail to consider social context and structural inequalities in their decisions, this can result in the disproportionate criminalization of marginalized groups within the criminal legal process. This paper examines some of the tensions related to the incorporation of equality within decision-making and explores potential reforms to strengthen commitments towards equality.

Author

• Marie Manikis, McGill University