Explores a new impact assessment model in the criminal legal system, suggesting enhanced fairness and equity.
Impact of Race and Culture Assessments (IRCAs) aim to contextualize how systemic oppression, anti-Black racism, and structural inequities shape individuals’ involvement with the Canadian criminal legal system. While IRCAs provide critical information to courts, current approaches often lack a trauma- and violence-informed perspective and do not sufficiently explore the historical and institutional forces that shape racialized experiences. This article introduces a Trauma- and Violence-Informed IRCA (TVI-IRCA) model grounded in Critical Race Theory (CRT), counter-storytelling, and structural analysis. The model reframes legal assessment by emphasizing structural violence, intergenerational racial harm, and the cumulative effects of surveillance, economic marginalization, and criminalization. Through a critical analysis of current IRCA practices, the article identifies gaps including inconsistent application across jurisdictions, judicial resistance to systemic framing, and the potential for retraumatization when assessments individualize harm. A composite case illustration demonstrates how the model can be operationalized in IRCA writing to support contextualized, justice-oriented sentencing. The article concludes with implications for practice and policy, recommending national standardization, mandatory anti-racism and trauma-informed training for legal professionals, expanded access to IRCAs, and integration of wraparound supports. The TVI-IRCA model advances a more equitable sentencing framework that centers systemic context, racial trauma, and structural accountability.
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Duhaney et al. (2026) studied this question.
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