PSY 3173 Lecture Notes - Lecture 7: Drama Therapy, Quackery, Halloween
28 Apr 2018
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Department
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March 1, 2017
Sentencing and Parole in Canada
Learning Objectives
The Canadian court system
Aboriginal overrepresentation
Purposes and principles of sentencing
Sentencing options and disparity
Effective correctional intervention
Parole decision making
Public attitudes towards the justice system
Questionable Correctional Theories
Called correctional quackery
Examples:
-Been there, done that theory
-Offenders lack creativity theory
-Offenders need to get back to nature theory
-It worked for me theory
-Offenders lack discipline theory
-Offenders lack organization theory
-Offenders have low self-esteem theory
-We just want to make them happy theory
-Treat offenders as babies and dress them in diapers theory
-Offenders need to have a pet in prison theory
-Offenders need acupuncture theory
-Offenders need to have healing lodges theory
-Offenders need drama therapy theory
-Offenders need a better diet and haircut theory
-Offenders (females) need to learn how to put on makeup and dress better theory
-Offenders (males) need to get in touch with their feminine side theory
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March 1, 2017
Hierarchy of Canadian Courts
Courts in Canada are divided into provincial, federal, and military courts
-Provincial courts deal with most criminal and civil matters
-Federal courts focus exclusively on matters specified in federal legislation (ex. cases involving Crown corporations
like Canada post)
Courts are organized into a hierarchy with courts lower in the hierarchy abiding by the decisions of courts at higher
levels
The Supreme Court of Canada is the final court of appeal
Aboriginal Courts
Also exist within the court structure
Established so that special consideration could be given to the adverse background conditions of Aboriginal offenders
-Wanted to equalize treatment of Aboriginal offenders
One of the goals is to reduce Aboriginal overrepresentation in the criminal justice system
Aboriginal Overrepresentation
Aboriginal overrepresentation: the disproportionate number of Aboriginals involved in the criminal justice system
Aboriginals make up approximately 3% of the Canadian population but account for 17% of adults admitted into
remand
The problem is more severe in the Prairie provinces: more Aboriginal communities in these regions
Possible explanations:
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March 1, 2017
-Higher Aboriginal crime rate
-Commission by Aboriginal people of more serious crimes
-Criminal justice practices that penalize Aboriginal people
•Ex. fine defaults: Aboriginals don’t have the money to pay the fine
•Combatted by Aboriginal cases being reviewed by area managers for parole violations
-Overt or systemic racism
•Processed differently, etc.
Special Courts Aboriginal Offenders
Developed with expertise to specialize in cases with Aboriginal offenders
-Judges have access to resources that will allow them to apply more appropriate sentences - have alternates to
formal hearings
•Restorative justice: the victim, offender, and members of the community voluntarily meet in an attempt to restore
the imbalance that was caused by the crime
-Offender pleads guilty and admits fault
-Victim agrees to restorative justice
-Victim and offender will mediate reconciliation
-Goals:
•Community safety: prevent further damage from occurring
•Accountability: offender is made responsible and repays the victim and/or the community
•Skills development: provide the offender with whatever he or she needs to become a law-abiding citizen
•Circle sentencing: like restorative justice but the community also participates
-Mitigating circumstances in the offender’s background may serve to reduce to culpability of the offender
•Ex. Pleading guilty early in the trial, no criminal history, attendance of a residential school, exposure to abuse
-May lead to restorative justice which aims to heal those affected by criminal acts rather than punitive justice
Developed as a result of the Gladeu case: killed her common law husband
-Original verdict did not take into account her Aboriginal background - said that they didn’t have to take into
Aboriginal factors because she didn’t live on a reservation
•Mitigating factors: plead guilty early in the case, had been provoked because she believed he was cheating and
got into an argument, was a mother, shows remorse, had another child on the way
•Aggravating factors: stabbed her husband in the arm before, chased after him
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Document Summary
Offenders need to get back to nature theory. We just want to make them happy theory. Treat offenders as babies and dress them in diapers theory. Offenders need to have a pet in prison theory. Offenders need to have healing lodges theory. Offenders need a better diet and haircut theory. Offenders (females) need to learn how to put on makeup and dress better theory. Offenders (males) need to get in touch with their feminine side theory. Courts in canada are divided into provincial, federal, and military courts. Provincial courts deal with most criminal and civil matters. Federal courts focus exclusively on matters speci ed in federal legislation (ex. cases involving crown corporations like canada post) Courts are organized into a hierarchy with courts lower in the hierarchy abiding by the decisions of courts at higher levels. The supreme court of canada is the nal court of appeal.
