Do the rich get richer and the poor injustice?

• Author: Winterdyk, John A.

The rich get richer and the poor get prison: now in its third edition (1995), Jeffrey Reiman, an American professor of philosophy, continues to show that the arguments he made some 20 years ago appear to be still supported by data today. The notion that marginalized groups possess neither the capital nor means to protect or defend themselves is rooted in radical-critical criminological thought. First popularized at the turn of the nineteenth century, supporters of the perspective espoused a social utopia by calling for the elimination of capitalism. Since then the perspective has evolved to focus on broader social conditions which are thought to disenfranchise those less fortunate, less skilled, or otherwise economically and politically marginalized. Central to the perspective is the notion that certain social classes are discriminated against in the criminal justice system (CJS). This assertion represents one of the most demanding challenges facing the CJS. Here we will focus on the prosecution and punishment of offenders.

As other contributions in this issue address specific aspects of Poverty Law and legal rights of different marginalized groups, this article will present a synopsis of some of the factors thought to reflect the assertions put forth by Reiman and other radical criminologists. The intention is to provide additional food for thought about some of the issues presented in these articles. I will conclude with some observations that challenge the notion that our legal system is inherently biased or prejudicial.

The Price of Social Structure

Although affluent by many western standards, one does not need to look far to sec that Canada is characterized by social stratification. Social variations in Canada are triggered by the unequal distribution of employment opportunities, the hierarchy of job status, and distribution of power and prestige. Recent data show that nearly 27% of Canadians earn less than $10,000 per year when the average earning is just over $27,000 per year. Crime statistics have long shown that males between the ages of 18-24 commit the majority of crimes -- approximately 30% of all crimes, yet they only represent 12% of the adult population. About 17.5% of males in this age category are unemployed, the largest proportion of age than any other age group. One recent study found that nearly 66% of those who committed murder were unemployed at the time and around 43% had less than a grade 9 education. These trends...