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Crim 241 Notes week 11 march 26.docx

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CRIM 241
Melissa Roberts

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March 26 Lecture Notes Measuring Treatment Success -recidivism -what is it? -how is it measured? -any crime? -same crime? -once released from prison, a person recidivates if they are returned to prison for a technical violation or commit a new offence -notion of relative success: -clear reformation, marginal reformation, marginal failure, clear recidivists Obstacles to effective correctional treatment -punishment vs. treatment -public safety will always trump the treatment aspect -line between doing time and doing treatment -offenders actually caring about programs or just doing it -inmate access to programs -not available early on to lifers -differential treatment availability -program fidelity and drift -the integrity of the program itself -lack of continuity between prison and community treatment programs Parole -release on parole is not a statutory right, it’s a privilege -gradual release is a cornerstone of Canadian Corrections -why is conditional release important Purpose and Principles of Conditional Release -s.100 of CCRA -the purpose of conditional release -sets out principles to be followed by Parole Boards -main principles: -protection of society -consider all available info on offender -information sharing -least restrictive determination -policy/training guides decisions -offenders must be told about reasons for decisions S.102 -the NPB or provincial parole board may grant parole if: -the offender will not present undue risk to society before the end of the sentence -the release of the offender will facilitate reintegration of offender -release may occur at: ****look at book chart -parole eligibility date -statutory release date -warrant expiry date -types of release -temporary absence -day parole -full parole -remission/discharge -statutory release -”cold turkey” release Release options for provincial inmates -before warrant expiry: -temporary absence -parole -remission/discharge -victims and release -lack of awareness (run into offender shopping etc) -preparatory programming -no-contact orders NPB/PBC -created in 1959 following the Fauteux Committee -a division of Public Safety Canada -independent of CSC -NPB’s conditional release program involves -TA’s -Day parole -full parole, stat release, detention, long term supervision -appeal decisions -victims? -can request eligibility dates, release status, can attend hearings and provide statements Judicial Review -s.745 “faint hope clause” -allows murderers serving a life sentence with no eligibilityfor parole for 15 years to apply for a reduction -for first and second degree murders -no multiple murder charges -offender must convince judge of “reasonable prospect of success” Statutory Release -generally, released after 2/3rds of sentence
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