Preview

Nils Christie Conflicts As Property Summary

Good Essays
Open Document
Open Document
989 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Nils Christie Conflicts As Property Summary
The Canadian legal system has become less concerned with the victim, its focus is no longer on who is affected by the crime. The Crown is not responsible for the victim’s justice and at times his/her satisfaction is ignored. In the article “Conflicts as Property” by Nils Christie, speaks about the impact that individuals have in the legal system. Christie believes that conflicts are seen as a natural characteristic in a society, and that industrialized societies don’t have much conflict. He says, with the growth of population people loss their freedoms. Conflicts are hidden and these important issues are overlooked by the everyday person without even realizing it. Christie believes, we need a process where the original parties can practice …show more content…
This is the only way to have a fair and most importantly a resolution to the conflict. This system is the perhaps the best solution we have currently. Christie says that these aspects as in the people, their freedoms are stolen by the law and people no longer have their own rights. Christie brings up the idea that conflicts are transformed into an offence against the state, rather than against the individual who was the victim of the crime. The individual who committed the crime. “The key element in a criminal proceeding is that the proceeding is converted from something between the concrete parties and into a conflict between one of the parties and the state” (Christie pg. 11). He also views the judiciary system and lawyers as “Professional Thieves.” Individuals who only have their interests in mind because of their job. He says, that lawyers are very good at stealing conflicts, lawyers are trained to manipulate the law to the best of their ability. Lawyers instead pick out key ideas that one may think are irrelevant and use them towards their argument. Christie used the example of a case that took place after the

You May Also Find These Documents Helpful

  • Better Essays

    Court Issues

    • 1359 Words
    • 6 Pages

    The criminal justice system has changed tremendously over the decades and so has society. It is important that the court system make changes to keep up with the times. There are parts of the court system that need to be identified to have these changes occur. One of these areas is the way courts are managed including their problems and resolutions. A new trend that has emerged is victims’ rights. Victims can now intervene in the cases before sentencing. In the future, courts could lose cases to arbitration and mediation also known as the private sector of the courts. Understanding these changes and issues are important so that the courts can correspond with the trends as they occur. The courts are an important piece of the justice system. In order to meet the domains of the criminal justice system the courts evolve with the new processes and trends as they happen. Below the paragraphs will analyze and explore future management issues dealing with technological innovations and how the new technology is impacting the courts. Along with how victims’ rights are impacting the courts. One of the main issues that the courts are facing in the future is the possible division between the private law sector and the courts. The technological innovations also impacts the courts staff and judges.…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Ninderjit Singh, a man who executed his ex-girlfriend in 1999, asked the judge for leniency last week in B.C. Supreme Court (Burgmann, 2013). Singh has been hidden in U.S. for 14 years, and he was 21 years old back then. He fled the same day to California, where he grew a bushy beard, gained weight and lived under an alias until police hunted him down in August 2011, just before he was to apparently get an operation to alter his fingerprints (Burgmann, 2013). Not only that, Singh’s family did not feel shame of what he did to a innocent girl, but also “the family of killer Ninderjit Singh gave him $150,000 for false ID, raised cash for surgery to change his fingerprints and lied to police about his whereabouts for more than 12 years” (Bolan, 2013, para. 1). His family is definitely not using a right judgment and method to deal with the case. They only considered how to protect their son from getting hurt by the law, but forgot to think about the mistake Singh made to ruin the other family and the girl’s entire future. This case can be applied by the power control theory because Singh had a low self- control and broken the social bonds that caused him to have criminal behavior.…

    • 1753 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Case Brief - R. v. Hufsky

    • 691 Words
    • 3 Pages

    This case was brought before the Supreme Court of Canada, after a failed appeal in the Court of Appeal, issues concerning whether the non-universal proclamation of S. 234.1 of the Criminal Code infringed on the right to equality before the law, as outlined in S. 1 (b) of the Bill of Rights, the second issue raised in the lower courts was whether the random stopping of cars by police officers infringed on the right not to be arbitrarily detained described by S. 9 of the Charter of Rights and Freedoms, and another major issue raised in the lower courts was whether Mr. Hufsky’s rights were infringed upon…

    • 691 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Attending the Program of Legal Studies for Native People in Saskatoon and the Anishinaabe law camp at Neyaashiinigmiing rooted an aspect of reciprocity between Indigenous knowledge and Canadian Law into my studies. I strive to maintain my unique perspective by connecting with elders, participating in ceremonies and learning the…

    • 289 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The law’s primary objective is to provide justice for all parties involved in legal disputes; however, as demonstrated through the Gordon Wood case it is evident that the law has been ineffective in balancing the rights of those concerns and deliver just outcomes. This is illustrated by the factors of delivery of just outcomes, time and complexity which when applied to the Gordon Wood case demonstrate the law’s failure to protect the rights of the victims, offenders and society.…

    • 1048 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    " Types of Justice | Beyond Intractability. N.p., n.d. Web. 18 Sept. 2014. <…

    • 1946 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Christie expresses that these conflicts are eliminated from the involved parties, rather than being used to benefit the individuals. “Conflicts might kill, but too little of it might paralyze.” (Christie, 1977, pg. 9) Christie presents an example of a non-western mechanism for conflict resolving, where both parties had direct participation of their own conflict resolution, while other individuals (i.e. relatives, friends and judges) would have little involvement and did not attempt to take over the case (Christie, 1977). Christie demonstrates that the legal procedure of such conflicts are being dissociated from their owners in which continues to remain. The conflicts are repressed in such a manner where there is no attention given to the victim, revolving the concentrated attention to the background of the criminal (Christie, 1977, pg. 11). He elevates by alleging that this continuous process has been recognized to be detrimental to all of society. The author, Nils Christie, is reasonable for making these declarations. Conflicts are the property of those whom had initiated them; therefore the property of the conflict should be taken out from the legal professionals to be restituted to those established it.…

    • 723 Words
    • 3 Pages
    Good Essays
  • Better Essays

    David Milgaard

    • 1310 Words
    • 6 Pages

    The potential of an innocent person wrongfully being arrested, convicted, and punished has always been a risk and a fear on our justice system. As the justice system is handled by humans, it is bound to make mistakes and such errors can lead to circumstances in which an innocent is found guilty; this is called a miscarriage of justice. Miscarriage of justice means the failure of a judicial system or court in the administration of justice, especially when an innocent is convicted in a crime. An example would be the wrongful conviction of David Milgaard involving the rape and murder of Gail Miller back in 1969. The Canadian justice system failed tremendously wasted millions of dollars and lost the public confidence of the system. More importantly, this even took away two decades of one man’s life. The factors of social perception of deviance, the influence of the media, and the misconception of investigating police and prosecution played a substantial role in the resulting miscarriage of justice. The Canadian justice system did indeed fail David Milgaard because there was not enough valid evidence to hold him as guilty in the time since his conviction.…

    • 1310 Words
    • 6 Pages
    Better Essays
  • Better Essays

    CRM1300 Term Paper

    • 2569 Words
    • 9 Pages

    1. The risk of crime and victimization to Canadians and its costs to taxpayers and to victims…

    • 2569 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Court Report

    • 1871 Words
    • 8 Pages

    McBarnet’s discussion of the criminal court system focuses around the idea that the higher courts such as the District and the Supreme courts are for public consumption in which the ideology of justice is played up by the more elaborate court rooms, dress, and rigid rules of ceremony. On the other hand the lower courts focus on control. The local courts handle the vast bulk of cases with only a small proportion of criminal cases coming before the higher courts. For example the National division of cases between the lower and higher courts in 2003-2004 were 97% finalised in the lower courts while only 3% were heard in higher courts.…

    • 1871 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Tough Crime Approach

    • 1753 Words
    • 8 Pages

    In order for the criminal justice system to function as an effective institution, Canadians must decide what they want the system to achieve. Stephen Harper, the previous Prime Minister of Canada, came into power in 2006 and implemented a variety of legislative and policy changes designed to be tough on crime. The tough on crime approach is an important part of the criminal justice system because it is currently being used in the Canadian courts and correctional facilities. This paper will begin by discussing the tough on crime approach and its elements. It will then examine the models successes and failures. Finally, it will explore why it is not an appropriate method in dealing with crime. Harper’s tough on crime approach to criminal justice…

    • 1753 Words
    • 8 Pages
    Good Essays
  • Good Essays

    The reality is consistently worsening throughout the years. One must first recognize the possible theories as to why this is happening in order to come up with solutions. Three major theories were identified as the culture clash, socio-economic status and colonialism. These explanations for overrepresentation also pose solutions and these must be followed in order to improve Canada’s current situation. In the context of a discussion of Aboriginal overrepresentation the court stated the case quite dramatically, “These findings cry out for recognition of the magnitude and gravity of the problem, and for responses to alleviate it. The figures are stark and reflect what may fairly be termed a crisis in the Canadian justice system.” The mass incarceration and overrepresentation of Aboriginal people in the Canadian criminal justice system has been deemed as a crisis. The criminal law need not be changed, but rather simple mentalities and treatment changes within the criminal justice system need to…

    • 1198 Words
    • 5 Pages
    Good Essays
  • Better Essays

    In the United States of America we all rely on what the constitution reads, which is like constantly listen to our parents through our journey in life. Our system works in a way that there should be equality among every individual but the power given to some of our leaders whether they work in senate, courts or jail, can go to their head and the system shakes a bit. Culture is one of the issues we face in society, the US is a diverse country but this difference can affect our justice and administration and how it’s practiced.…

    • 1533 Words
    • 7 Pages
    Better Essays
  • Better Essays

    United States of America (USA) is known for having the “American Dream” where everyone lives a happy surreal life. The American dream is difficult to achieve for most, because not everyone is given an equal opportunity to attain the material goods that come with the dream. This leads a person to commit crimes which further gets them into trouble with the law. All countries have their own perspectives on how criminals should be punished, some using retributive punishment while others use restorative justice. The Americans are lacking in thier direction of crime control, and there prison system is not very successful in the sense that incarceration solves all criminal problems. Therefore, Canada should not follow in the footsteps of USA instead they should think of new policies and laws in an effort to decrease their crime rates and their prison populations.…

    • 2031 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Canadian law has changed drastically since it was first made, but have you ever wondered what significant events and people influenced our Canadian Law today? The Code of Hammurabi, the Justinian Law by the Romans and the Canon Law by St. Thomas Aquinas are all important events and people that shaped current Canadian law. The Code of Hammurabi was the first time laws were written down for everyone to see. Unlike in Babylon 1800 B.C. where the code was written on a rock, today you can find laws and bills in important documents and on the internet. Due to the laws written on a rock, they were not easily changed just like here in Canada today.…

    • 453 Words
    • 2 Pages
    Good Essays

Related Topics