Topic > Intersectionality in the criminal justice system

The criminal justice system is dynamic and has changed rapidly since the works of Cesare Beccaria and Cesare Lombroso during the Enlightenment period and this is reflected in the issue of intersectionality with the changing approaches adopted towards the concepts of gender, race and class. Sexual violence will be a predominant study used throughout the essay to examine the different approaches and issues between traditional and non-traditional judges. This essay will first establish where these intersectionalities lie in terms of sexual violence cases and the challenges victims face in the legal process with traditional approaches, followed then by a comparison with the transition to a non-traditional alternative justice system responded to with a deeper insight into restorative justice and its effects on resolving these challenges. The role of alternative justice and key challenges related to disproportionate crime are also important aspects of intersectionality in Australia as they aim to address the challenges that women and the mentally disabled face when processing in court in the criminal justice system. Gender is prevalent in the criminal justice system, and sexual violence exemplifies the contrast found between traditional and non-traditional justice systems used over time. Sexual violence poses a social threat to all aspects of the community, spreading insecurity to 43,400 victims across Australia and 13,300 victims in NSW alone, as highlighted in the Australian Bureau of Statistics' recent Crime Victimization Report. (ABS 2011, p. 40) There has also been a 51% increase in sexual violence since 1995, averaging 4% each year. (ABS 2010) Another important issue within the confines of sexual violence is that it contains a… middle of the paper… the root causes of sexual violence. Colorado Coalition Against Sexual Violence, [online]. Available at: http://www.ccasa.org/documents/Root_Causes_Short_Descriptions.pdf, [Accessed 14 April 2011].• Prenzler, T. 1995. Equal employment opportunities and women police officers in Australia. Australian and New Zealand Journal of Criminology, 28/3, 258-77. • Strang, H. 2002. Reparation or revenge: victims and restorative justice. Clarendon Press, Oxford.• Taylor, N. 2007. 'Juror attitudes and biases in sexual assault cases', Trends and Issues in Crime and Criminal Justice, no. 344. Australian Institute of Criminology.• Taylor, N & Joudo, J. 2005. “The impact of pre-recorded video and closed-circuit television testimony from adult sexual assault complainants on jury decision-making: an experimental study,” Research and Public Policy Series, no. 68, Australian Institute of Criminology.