Guilty pleas among Indigenous people in Canada
Appendix A – Interview guide
Research on guilty pleas – Discussion guide/questions
Questions are based on your experience/knowledge related to Indigenous accused proceeding through the criminal justice system. Questions are not meant to be exhaustive. You are free to skip any question(s) you wish.
Understanding the criminal justice system
- To what extent do Indigenous accused appear to understand the criminal justice system, including:
- Procedures
- Charges
- Accused person’s rights
- Bail
- Plea options
- Consequences
- What activities assist Indigenous accused in understanding the criminal justice system?
- Has your organization implemented any initiatives specifically targeted at increasing Indigenous accused persons’ understanding of the criminal justice system, including plea options and consequences before entering a plea? (If so, what are these initiatives?)
Factors contributing to guilty pleas
- What are some of the common reasons that Indigenous accused plead guilty?
- Do any of following factors contribute to Indigenous accused pleading guilty:
- Offence / criminal history
- Legal representation
- Bail / Remand
- ‘To get it over with’
- Reduced sentence
- Alternative justice processes / Diversion / Specialized courts
- Age
- Gender
- Culture
- Language
- Education / Employment
- Urban / Rural location
- Housing
- Mental Health issues
- Substance Abuse issues
- Cognitive impairment (e.g., Fetal Alcohol Spectrum Disorder)
- Other
- Is there a sense Indigenous accused sometimes plead guilty even if they are innocent or have a valid defence?
Impact of guilty pleas
- What are some of the implications for Indigenous accused who plead guilty? Examples: criminal record, missed educational opportunities, loss of employment, loss of housing, break in family/community links, increased risk of re-contact with the criminal justice system
Research ideas on guilty pleas among Indigenous people
- Any ideas for other research on this issue or to address the overrepresentation of Indigenous people in custody?
- Does your organization have data that could support research to improve understanding of this issue?
- Do you know of any Indigenous researchers who would be a good candidate(s) to conduct this research?
Policy / Program ideas on guilty pleas among Indigenous people
- Do you have any ideas for policy / programs / services to better support Indigenous accused entering a plea?
Other
- Is there anything else you would like to add about any of the topics we've discussed, or other areas we didn't discuss but you think are important?
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