Multiple Sentencing Considerations
Multiple sentencing considerations, areas and outcomes are impacted by the offender’s family and social functioning. In short, how the offender functions within their family and social arena is a critical component in any consideration of sentencing.
Family functioning is defined as the way in which the family members interact, react to, and treat other family members; It includes variables within the family such as communication styles, traditions, clear roles and boundaries, and the degree of fusion, flexibility, adaptation, and resilience (Winek, 2010[1]).
Social functioning has been indicated as meaning the ability of the individual to interact in the normal or usual way in society, most definitions of social functioning are based on the perspective of the dominant – non- Indigenous – culture. Indigenous Courtworkers will need to present information to the court regarding the Indigenous worldview as to functioning within Indigenous culture.
Social functioning has been indicated as meaning the ability of the individual to interact in the normal or usual way in society, most definitions of social functioning are based on the perspective of the dominant – non- Indigenous – culture. Indigenous Courtworkers will need to present information to the court regarding the Indigenous worldview as to functioning within Indigenous culture.
Indigenous cultures and values are multifaceted and there is an inclination to overgeneralize and thus it is difficult to present a realistic portrayal of contemporary Canadian Indigenous life. This issue is connected with the discussion around different world views. When one compares similarities it appears that Indigenous people have adopted dominant middle-class values while still taking pride in their ethnic culture and clinging to traditional patterns of a way of life long gone. Yet, there are many differences in Indigenous behaviour, attitudes and values.
Across and within cultures people share similar aspects of life, e.g., cultural beliefs, practices and impact of basic human needs influence all individuals life satisfaction Brown, Schalock, and Brown (2009)[2].