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2253: Week 7-12; Final Lecture Notes

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Sociology 2253A/B
Jennifer Silcox

Week 7: Forensics Beginnings of Forensic Science • Alphonse Bertillon (1853 – 1914): known for the development of mug shots and crime scene photography • Bertillonage (used photography and anthropometry) • Debunked: 1) Endogeneity; 2) Replaced. - Stereotypes of forensic science: television shows have sparked interest in this field - Bertillon: controversial aspects of research: French mathematician who developed betillonage. o Identification system based on measurements of the human body  Ex length of left foot and width of head  Principles behind this was that with enough variables very few people should have the same measurements o What are the chances of having someone being 5’9 size 12 shoes etc. o Fingerprints and mug shot rose out of o Anthropometry means measuring of the man o Racist application of this science o Reinforced racial stereotypes - Debunked because of two reasons: - Endogeneity: factors depend on each other for that outcome Example: effect of campaign spending on the chances of electoral success - Replaced: some aspects not used anymore • Edmond Locard (1877 – 1966): a pupil of Bertillon; the director of the first crime laboratory in France; • Sherlock Holmes of France • Locard’s exchange principle - Student of Bertillon - Developed exchange theory - Became Sherlock Holmes of France - Believed that offender would leave something and take something o Every contact leaves some sort of trace Role of Forensic Laboratories • Brief history of forensic laboratories: • Beginning of 20th Century and into the early 1920s crime scene materials given to non-CJS outside sources for analysis. • 1932 Dr. E. R. Frankish to organize a laboratory in Toronto • 1931 Commissioner J.H. McBrien sought to establish a RCMP force laboratory. • Lucas S. May (President of the Northwest Association of Sheriffs and Police responded regarding what a good laboratory would consist of. - Did not have a unified place to send evidence to - Wasn’t until 1932 that Ontario enlisted Dr. Frankish to organize a laboratory in Ontario where they did autopsies, examines of hair, semen, plant materials, etc. o Later expanded to do stuff like urine test samples o A lot of these people worked for Locard o Need for these laboratories were not a big deal before 1931 since crimes were more established  In 1931 this changed o Lucas May gave a generalized view of what you need in a laboratory  You need to have weapons to know what does what, police with background in the fields and science based individuals  Regular employees would not be suitable to carry out this sort of research  So many things will occur to the person who is trained on the investigated lines that one who is not  Need for specialized detectives • Brief history of forensic laboratories: • 1937 laboratory in Regina opens • 1942 laboratory in Ottawa opens (Rockcliffe Crime Detection Laboratory) • Late 1950s-1960s changes in budgeting and growing sophistication • Only/News/NS/ID/2238281950/ - With budget constraints that when you needed to see why they needed the costs - Needed to justify costs for everything - Administrative duties vs. costs • Forensic Science and Identification Services (FS&IS) with the RCMP provide programs and services to clients in Canada and internationally through: • FS services • Crime scene • Repositories • Data banks • Objectives of Laboratories: 1) Production of Evidence; 2) Education; 3) Research; • - Forensic sciences services - Sometimes although we think of forensics science as police crimes they also actually appear in civil proceedings and coroners request to give opinions - Objectives: o To provide admissible evidence to help:  Interpret evidence aid attorneys, coroners, etc.  Also so educate those using forensic sciences  Provide research for better methods with regards to forensic sciences Beginnings of Forensic Psychology • Hugo Münsterberg (1863 – 1916): study of eyewitness testimony; the psychology of false confessions • On the Witness Stand (1908) - Published books (on the witness stands) - Published about factors that can change trials outcomes o Rational and scientific needs for probing information from witnesses which can help in arriving at false testimony o What impacts juries to come to their conclusion and their impacts o Controversial: eye witness testimony is not reliable o The illusion of what we have in our mind can be a lot different then reality o Our own memories can be unreliable and inaccurate o Because of the fact memory is not reliable or inaccurate we have to be careful as accepting forensics evident and forensic psychology as facts o Talked about different ways police interrogate different subjects to arrive to different confessions or testimonies Psychological Profiling • Psychological profiling • Investigative psychology • Eyewitness Testimony • Police Interrogations/Confessions • Expert Testimony • Determining Insanity - PP: assumes crime scene reflects personality of offender - IV: focuses on classification or description of criminals and showing connections between criminal activities and their everyday lives - ET: accuracy of eye witness testimony being vital to court proceedings to establish some sort of fact - PI/C: - ExT: experts coming in to provide some sort of scientific or professional opinion on what occurred; not supposed to be an advocate in either size; neutral overview of expertise - DI: where we have designation of not being criminally responsible for criminal activity if they do not know what they are doing C.S.I. Effect -Professor Scott Fairgreive • Much of what is viewed on television regarding police work and forensics is false and contains significant mistakes • Jurors experience the “CSI Effect” • - Reality might not correspond to what we see in the movies - Tools on television are unrealistic for them to get - Most serious issues get processed first - Treodge system? - This Prof talked about jurors experiencing CSI Effects o When are these people going to show glamorous evident to prove guilt o If they are not being “wooed” with forensic science they often struggle with distinguishing between what is available and what they are seeing Debunking Forensic Science • February 2009 -National Academy of Sciences issues report in the United States regarding how many of the popular methods of forensics have not been scientifically validated. • Eg. Fingerprints • American research study on fingerprints and forensics (Ulery, Hicklin, Buscaglia, and Roberts, 2010) -what did the find? • What are the three problems associated with fingerprinting linked to the 2009 report? - Study found that what was popular and known to public was not scientifically proven in reality - For example the fingerprint method mentioned above has not even been validated in reality - Innocence project for people who have been wrongfully convicted was made because of this - Little has been done on validating certain methods of forensics - Study: looked at inquiry of latent fingerprints and had examiners who compared 100s of latent fingerprints from a pool of 744 pairs to established their identifies and found that 5 examiners made errors out of 10 - 85% of the examines made at least one false positive error: they thought something wasn’t a match when it actually was - What makes it scientific valid: it means that in the scientific community there is still debate on whether on not something is accurate - Can’t actually verify that everyone has their own unique fingerprint - Its invalidated because they cannot confirm - Found that the way they analyzed the fingerprints that having one fingerprint and the one to compare with may cause respondent bias when it comes to analyzing those fingerprints themselves (seeing things they want to see) Memory Experiment - In the textbook - Viewing a crime and making a judgment call on the person The Line Up - Point of it is that when they aren’t warned they may wrongfully convict The Innocence Project • “The Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.” • • Eg. Forensic Evidence and DNA testing • In the USA, “*M+ore than 50% of the DNA exonerations, unvalidated or improper forensic science contributed to the wrongful conviction” ( Limited-Science.php) • - Reasons why wrongfully convictions occurs because of various errors in ye witness testimony - Numerous cases resulted from faulty evidence submitted by forensic scientists or police misconduct - Uses DNA testing to get people out of jail - 1987-Marian Cockley who was wrongfully convicted of a robbery and rape - Purpose to exonerate innocent people - 48% real perpetrator has been identified with this Recap: The Three Components of the CJS • 1. Police (gather evidence; investigate; reconstruct ) • 2. Courts (Bail phase; prosecution; indictment for more serious; preliminary trial; plea bargains; disclosure; arraignment; trial phase; decisions) • 3. Corrections (to be discussed in upcoming weeks) Courts and Sentencing • Definition of Sentencing: the judicial determination of a legal sanction to be imposed on a person found guilty of an offence” (Canadian Sentencing Commission 1987, 153) • Traditional Elements: legal; imposed by judge; criminal conviction • Disposition: “the judicial determination of legal sanction to be imposed on a person found guilty of an offence” (Canadian Sentencing Commission 1987, 153) • Fundamental Principle: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender (ie. sentence must fit the crime) - According to Robertson and Cole this definition has all those legal aspects, must be imposed by a judge, distinguished by an actual sentence - Sentence must be proportionate to the degree of the crime Purposes of Sentencing • Judicial Discretion influences sentencing. • Six Major Approaches in Canada 1. Deterrence (general and specific) 2. Selective Incapacitation 3. Rehabilitation 4. Justice/Retribution 5. Restoration/Restorative Justice 6. Healing - Includes personal preferences of the judge and seriousness of the crime - Might impact the decisions made on the victim or the sentence form the crown - Six points help us how judges arrive at a particular decision - These six show what might influence judges sentence - One: deter someone from committing a crime, taking into consideration specific or general deterrence. Specific is to the actual defender general is to the public - Two: refers to idea of separating offender from public because of the risk they pose to society - Three: sentences that involve treatment programs or various programs that assist getting help with underlying issues that make them commit the crimes in the first place. Goal for them to actual live in society in a crime free manner - Four: focuses on the seriousness of the crime and your previous record. Be punished no more or no less. Idea of proportionality - Five: involves the idea on repairing of the harm done - Six: healing represents integration of offenders and victims in community to come together and heal. Healing is multi-faceted, healing is different for other people Deciding upon a Sentence • Governed by three factors: 1. Direction in statutes 2. Rules and principles 3. Personal characteristics of judge • Section 718.2(e) of the Criminal Code • Offender characteristics also come into play - Judges cannot make any sentence they wish, it is focused on three factors - One: criminal code in particular to criminal offence - Two: offer rules and disposition to judge on what they can use - Three; within the regulations on what they actually want to give - Although there is sentencing guidelines there is some leeway that judges can use their own personal assumptions or beliefs - They also take into consideration aggravating and mitigating circumstances - Aggravating offences may get more sever sentence The Principles of Sentencing Guilty Cases in Adult Court, by Province and Territory, 2010-2011 - Punishments vary on jurisdiction - for example Quebec has a different justice model Types Of Sentencing • Not Criminally Responsible • Absolute and Conditional Discharges • Suspended Sentence • Fines • Intermittent Sentence • Conditional Sentence: Mandatory and Optional Conditions • Probation • Electronic Monitoring • Restitution • Alternative Measures Program: Fine Option Program, Institutional Fine Option • Imprisonment • Dangerous and Long-Term Offender Designation • What is the difference between a consecutive sentence and a concurrent sentence? - Not criminally responsible means that even though accused person is found guilty they need to enact the mens rea - For example mental illness or disease (mens rea) - Might serve a portion of your incarceration in criminal hospital - Courts have pose absolute discharge: found guilty but not convicted and cannot be charged or retried for this offence or however if they commit another crime this may be used against them in court - If after one year no new charges the offence will be removed from record - For conditional discharge offender is found guilty however he or she does have to follow a certain set of rules for a certain set of time wherever absolute you do not - Consecutive sentence: when you get sentenced for more than one crime you serve one after the other - Concurrent: same as above but you serve the time at the same time Guilty Cases in Adult Criminal Court, by Length of Custody Sentence, Canada, 2010-2011 Guilty Cases in Adult Criminal Court, by Type of Sentence, Canada, 2010-2011 - most sentences were for six months or less - almost 4% resulted for federal custody of two years or more - various types of sentencing listed in diagram - probation most common sentence imposed on guilty cases - -Probation was the most common -Fines composed 26% of the time Sentencing Law in CANADA • Section 718.1 -principles of sentencing • Bill C-90 proposed by Justice Minister Kim Campbell • Five central components: 1. Statement of purpose and principles 2. Codified rules: Having those rules of evidence & proceedings written down 3. Alternatives 4. Restructuring of Part XXIII of CCC: Variety of the technical issues 5. Amendments • Bill C-41 introduced by Justice Minister Allan Rock 1. Three objectives: 1. Consistency: Consistency in policy and the guidelines so its consistent 2. Parliamentary approval: Create a system of sentencing policy, approved by policy 3. Public accessibility: To create public accessibility to the law like sentencing • Also introduced conditional sentences Sentencing Law in Canada • Bill C-41 (1996) -known as the Sentencing Reform Bill • Objectives: 1. Consistency 2. Create policy 3. Public accessibility • Bill C-10 (2012) Safe Streets and Communities Act o BC41 introduced conditional sentencing. Concern of prison overcrowding and that prison was being used too much. Other ways to deal with prisoners. o BC10- aim to eliminate judicial disparity. If you take away discretion from judges then you take away the factors of criminality and the offender’s situation etc. Critic’s worry that with this legislation will pick up more people in the crime net and there will be more criminals. It won’t deter criminality. Mandatory Minimum Sentences • Bill C-68 (1995) introduced most of the offences that carry MMS • Four principle categories: 1. Treason, 1st degree murder and 2nd degree murder: mandatory life sentence 2. Firearms 3. Repeat offenders 4. Hybrid offences: crown prosecution gets to choose whether the crime is summary of indictable Sentencing and Healing Circles • Combines traditional aboriginal community justice and western legal systems. • Judge has final authority • Recommendations are based on participation of victim, family, friends, respected elders, police, prosecution and defence o falls under restorative justice model o doesn’t’t take place in a court room o sit in two circles. Inner circle are people most affected by the crime and the outer circle are the community/observers. o reach a consensus in which the harmony in the community is restored. Benefits of Sentencing Circles 1. The monopoly is reduced 2. Lay participation: Participation of community member is encouraged 3. Increased information flow: Greater flow of info 4. Creativity: New ways to restore that typical justice system doesn’t’t deal with 5. Shared responsibility in decision making: Shared responsibility and shared input 6. Accused participation: Shared participation in bother the accused and the victim 7. Victims participation: Victims participate 8. Constructive environment 9. Acknowledges limitations of CJS 10. The focus of the CJS is extended 11. Community resources : Work with offenders and victims 12. Merging of values: Merge aboriginal values with the greater community • R. v. Moses (1992) Sentencing Circles are not Always Considered Appropriate 1. 2+ year incarceration term 2. Frequent offences 3. No community sentencing options 4. Community not prepared • (Native Law Centre, 2006) Sentencing Disparity & Variation • What is the definition of sentencing disparity? • The three types of sentencing variation as identified by the Canadian Sentencing Commission: 1. Case to case. 2. Judge to judge. 3. Court to court. Sentencing disparity: when similar offences don’t receive similar punishments. 1. When the same judge imposes different types of punishments to similar offenders. So different punishments to similar cases. 2. Different Judges might impose similar sentences for different cases. 3. Different courts in different districts may use different sentences for similar cases. E.g. Quebec and Ontario are very different in regards to courts. Different from jurisdiction to jurisdiction. Presumptive Sentences • What is the difference between a mandatory sentence and a presumptive sentence? • Guidelines allowed judges to make sentencing decisions based on Severity of crime and prior record. o Mandatory is a court decision where judicial discretion is limited by law. Set sentence is imposed. o Presumptive gives judges guidelines to judges when making sentences. Allowed to take into consideration for example, the severity of the crime of the prior record of the offender. Gives judges to act within a range. o Requires Judges to make written justification for why the judge went outside that range. Do Sentencing Guidelines Work? • What were the effects of the Minnesota Sentencing Guidelines as reported in 1985? • What were the effects of the Minnesota Sentencing Guidelines as reported in 2005? o Less discrimination on race and gender when there were guidelines. o it actually included more racial bias, more people incarcerated for minor violations, judges were not using immediate sanctions. Mandatory Minimum Sentences • What are the principles of MMS? • What are the goals of MMS laws? • What are some of the possible effects when MMS laws are introduced? o -have to do with equality. All equal. Punishments to be certain. Furthers the idea of retribution model. Deterrence. o -goals are to design so that crimes would receive harsher punishments. The knowledge that committing a certain crime will lead to a harsh punishment. Swift and just punishments. o -effects are, you see the shift of power in a court room. Judge no longer have discretion but to what they have to give out. Increases the prosecutions authority. Influences what type of plea bargains that can happen. Mandatory Minimum Sentences for Gun-Related Crimes • Type of determinate sentence. • Bill C-86 (1995) established 19 offences • S. 109: 4 categories of crimes, on conviction, a judge must prohibit the possession of weapons (e.g. serious offences attracting incarceration of 10 years or more). • S. 110: Allow judges to impose a prohibition order (e.g. crimes involving weapons). • What are the sentences for the criminal use of firearms, the possession of a firearm offence, the import of firearm offence, and the trafficking of firearm offences? o Use of firearms is a minimum of 4 years with a max of life. o Possession of firearms- If it was an indictable conviction it would be a min of 1 year and max of 10 years. If it was a summary conviction it would be a max of 1 year. o Import of firearms: min of 1 year and max of 10. o Trafficking firearms: min of 1 year and max of 10 years. Drug Treatment Courts • Works in conjunction with the courts and tries to help people who have resorted to crime as a result of their addictions. • Eg. Calgary Drug Treatment Court • CEO of the pilot project Diane Krescy resigned in order to help with funding for the program. • Why are these types of programs being threatened with closure? How does Krescy believe we can alleviate this problem? Drug Treatment Courts • Works in conjunction with the courts and tries to help people who have resorted to crime as a result of their addictions. • Main goal is to eliminate or reduce drug and alcohol use of offenders. • Eg. Calgary Drug Treatment Court • CEO of the pilot project Diane Krescy resigned in order to help with funding for the program. • Why are these types of programs being threatened with closure? How does Krescy believe we can alleviate this problem? o Court to be therapeutic not punitive. Ultimate goal is to promote the physical and psychological wellbeing. o -emphasizes team work o -Calgary- worry that it wont continue because there may not be enough funding. Toronto Drug Treatment Court • First drug court in Canada and is governed by the Operations and Community Advisory Committees • Which offenders are not eligible? • What must participants do to be accepted? • What must participants do in terms of other participants? • How long must participants remain in the program? • Over the first 18 months, the retention rate was ___%; which is lower than the US figure. • Graduates show less drug use during the first three months upon completion. o Not eligible- are the ones that took part in violence offences. o To be accepted you must plead guilty. o Participants must stay in the court and must remain in program for 12-16 months. o Retention rate was over 46% and graduate showed less drug use upon completion. o -They work. Appealing a Sentence or Conviction • Has to be “grounds”. • Court of Appeal has five options: 1. Not to hear appeal 2. Hear but dismiss 3. Substitute conviction with lesser offence 4. Direct that offender be acquitted 5. Order new trial Actus Reus Recap and Extension • Actus Reas: 1. Actions • eg. S. 265 (1) assault 2. By states of being • eg. S.210(2)(b) crime to be found in a common body house) • eg. S.253 against the law to have care and control of a motor vehicle while impaired; Ford v. R (1982) 3. Omission • eg. S. 217 legal duty to act (if omission may be dangerous to life); Brown v. R (1997); S. 129(b); S. 263; S.215 1. E.g. touching someone directly or indirectly. E.g. Spitting on someone or punching someone. 2. Don’t have to do anything just being somewhere where you are not allowed to be e.g. Where prostitution takes place 3. Don’t have a general legal duty to rescue someone. If you voluntarily start to help someone and then leave, you are not allowed to do this. Have a legal responsibility for parents to be responsible for their children. Actus Reus and Automatism • Automatism: • Triggered by: 1. “Normal” states ≠ mental disorder; e.g. R v Parks (1992); uses viva voce evidence 2. External Trauma can cause automatism; Bleta v. R (1964); Quick v. R (1973); Rabey v. R (1980) 3. Consumption of alcohol/drugs (voluntary or involuntary); R v. King (1962); R v. Daviault (1994) Involved a mental element. Must be an action that’s voluntary. Automatism: An individual is capable of acting but has o voluntary control over acting e.g. Sleep walking. This defense is rarely used because it denies that criminal responsibility. 1. When the guy sleep walks and kills his in-laws. He’s acquitted 2. During a street fight, Beta gets a blow to the head and later gets up and follows the other guy and stabs him. He is acquitted because he had a blow to his head. Said he couldn’t control his actions because this external blow to his head. Quick is a diabetic who injects too much insulin and goes to his brain and he then assaults one of his patients. He is acquitted because the external actions caused him to act this way. Rabey found a letter from a girl he loves that says they she did not love him, he then went racing down the stairway and killed some guy. He said it was an internal factor that lead to the offence. 3. Whether you are held responsible if impaired Not Criminally Responsible • Recap of Mens Rea (M/R) • Not criminally responsible due to mental disorder (NCRMD) • 1843 • 1960s-1980s • 2004 • Evil • Treatment Models • Evil/Treatment • Pathology; • Eg. Asylum medicalize some called criminal • Personality disorders Bedlam behaviours; NCRMD • 1843 -not capable of making real choices and therefore not blameworthy • Insane automatic --> internal weakness --> NCR • Non-insane automatic --> external --> not voluntary • 1983 M’Naghten Rules (text spells it McNaughton) • S. 16 CCC -a) incapable of appreciating nature and quality of actions; and b) knowing actions were wrong • Prior to this, could be held at Crown Lieutenant Governor’s indefinitely o judge ultimately decided whether or not someone has the legal definition of a mental disorder. Under S.16 1. Mental Disorder -a disease of the mind and defined in case law; Cooper (1980) 2. Appreciating and knowing -Barnier (1980) 3. Nature and quality of actions; Kyeldsen (1981); Swain (1986) 4. Wrong 1. While he was at a psychiatric patient and he tries to have sex with another patient and he ends up chocking her. Considered a disease of the mind. Question of law as opposed to medical question. Jury has to decide if this is a mental disorder. 2. Has to be more than knowing the action were wrong. An analysis of this knowledge. The ability to perceive the consequences, the impact of the consequences. 3. Person needs to know what the consequences of his actions would be. He was a psychopath and knew what the consequences would be. 4. Swain was a man who thought he was doing a ritual cleansing and came home breaking things and carved an X into his wife’s chest. He was charged with aggravated assault. He had a temporary mental disorder. During the act, he thought his actions would help his wife and did not mean to cause injury. Did he know it was wrong? Swain did not know it was morally wrong because the psychotic episode he was in. NCMRD • If found NCR, trial judge can: 1. Absolute discharge 2. Conditional discharge 3. Detained in hospital • 1. Let go • 2. Anger management, or comply with taking meds • 3. Detained in a hospital. Would later go to a review board. 90 days. Have to pick one of these things that would be least restrictive and more fair. If they pose a threat, they need to be detained. If the accused does not think it was fair then they WEEK 8: Community Corrections  Community corrections: sanctions and interventions used by the criminal justice system to respond to/prevent criminal behaviour.  Gradual release programs (halfway houses, parole) are designed to assist in crime reduction, community safety, and the safe reintegration of offenders returning to the community  Are community sanctions a good idea? What are some of the benefits of community sanctions? Community corrections: work with people at risk and are involved example: the boys and girls club helping people who are potentially at risk of getting into risky behavior or involved with the criminal justice system they differ from GRP by assisting members for making better choices more of a prevention before committing crime or getting involved with CJS What do you think? • Community-Based Corrections:  Do you think that all persons convicted of a crime should serve a portion of their sentence in an institution?  Identify and discuss three reasons why community-based corrections should be used more extensively in Canada than they are currently  Identify and discuss three reasons why community-based corrections should not be used more extensively in Canada Benefits of Community Corrections  less money spent on incarcerations  fills gap between jail and probation  better for coming back to the community  program helps reintegrate you into community  house arrest is a component  or other community service  less likely to reoffend in their community if actively participating in it  wanted to cut down on daytime crime in school  put together case management program by interviewing criminals first and put them in appropriate programs  it is effective because it is dynamic  they are looking at the things they can change  most arrests are substance abuse which mostly go through community corrections Probation • What is the idea that probation is based upon? • The maximum length of probation is 3 years. Unless high risk offender it is 10 • What is the maximum length of probation for high-risk offenders? 10 • Also called ‘super probation’ (Bill C-41) for dangerous offenders. • How common is the sentence of probation used in Canada? In 2010-2011, 45% of all guilty cases received probation either on its own or in combination with other sentences. - Probation and parole are two different things - Based on the idea that not all offenders are dangerous to the community - Involves releasing this individual into the community under provincial supervision - Granted at sentencing - Sometimes combined with other sentences - Super probation is when judge would determine if it is a dangerous offender and this person is placed under supervision Probation • Judges consider three factors: 1. Nature: was it a violent offence or a petty offence 2. Risk: does this person pose risk to community 3. Circumstances: ex substance abuse, was the crime instigated by substance abuse • Conditions of Probation: no fire arms, report to probation officer, report if they get a new job or move, required to stay away from criminal associates and drugs. • Some conditional ones may be that they have to take part in anger management programs or other rehab programs 4. Individuals must abide by a set of mandatory obligations and may be subject to a variety of optional conditions. - Probation officer determines whether the probation terms are violated and asses what to do when there is a breach in probation Eligibility for Probation  In Canada, the majority of the offenders of violent crimes are given probation because:  Less serious;  Offender’s criminal record  For what type of offences is probation less likely to be used with?  What do studies of probation orders indicate about the number of offenders being sentenced to probation as well as the length of probation terms? - Wouldn’t use it for someone who is high risk offender - Example not someone who got into a bar fight - Studies indicate offenders are increasingly sentenced to probation and probation is getting longer - More likely to be property offenders - In Canada majority of violent crimes are given probation because they are considered usually less crime and do not usually have a lengthy criminal background Violations of Probation Orders • Violation of Probation Order  PPO assesses to decide whether to charge with a breach of probation  What types of offenders are at the greatest risk of being rearrested while on probation? - generally low income, prior record, history of instability, unemployed, young males are most likely to be rearrested on probation - as a result of a lot of the breaches of probation in the 1900s the bill C49 made new laws and enforcements of probations - Intensive Supervision Probation (ISP) • The core elements of ISP are: • Extensive • Strictly enforced • What are the potential benefits of the expansion of ISPs? What are the drawbacks of the expansion? • Expansion of programs were based on whether offenders who are medium risk should not be placed regular probation and should be placed on ISP • More cost effective to have them under ISP then it is to send them to prison and offer greater crime control • Imprison rate still ended up increasing despite these new measures, but these ISPs still work in conjunction to jail than community programs The Conditional Sentence  Conditional Sentence -meant to be a true alternative to imprisonment to reduce number of individuals incarcerated  During 2006-2007, judges imposed conditional sentences in a total of 9,878 cases. This is a substantial decrease from when conditional sentences were first introduced.  Conditional sentences were most commonly used for crimes against property (39%), then violent crimes (31%), drug offences (11%), etc. - Most controversial part of bill C49 - Less than two years that they serve in the community and the goal is to create true alternative and reduce the number of imprisonment - If offence is not punishable by term of imprisonment and that the sentence has to be less than two years and that the community services are the people who can get conditional sentence - Average length of conditional sentence was 8 months between sept- march (random years) EG JOHN HOWARD SOCIETY Amendments to Conditional Sentences  December 2007: indictable offences punishable by 10+ that qualify as personal injury or criminal organization offences no longer eligible.  Bill C-10 proposed September 2011 and passed March 2012 (SSCA) further restricted and eliminated the use of conditional sentences for certain crimes. - law of 14 years or life are no longer eligible for CS - if crime involves weapons its no longer eligible for CS - kidnapping, sexual assault, forceful confinement, abduction, theft over 5K, arson for fraud are some of the reasons that are no longer eligible Mandatory and Optional Conditions • Mandatory Conditions • Law-abiding behaviour. • Appearing before court when ordered. • Remaining within specific set of boundaries. • Informing court or supervisor of change of address/occupation. • Optional Conditions • Similar to probation conditions. • Most common options • curfews • mandatory treatment • no contact with specific people. • Least used: home confinement and electronic monitoring Admissions to Conditional Sentences Have Fluctuated Across Canada Since 2002-03 Elections affect the rates, depends on what party supports community sanctions and ones who don’t - Almost half the people are getting sanctions involving probation (46%) - Most common crime in stalking (90%) Week 9: Corrections in Canada Brief History  Three major changes occurred during the 17th and 18th centuries that influenced the creation of the modern prisons: 1. A shift in punishments 2. Laws determining imprisonment 3. Age of Enlightenment  Public executions vs the deprivation of liberty  You have to be convicted of a crime to be in jail  First criminal prison opened in 1654 in Amsterdam History Continued  History of Federal Correctional Facilities o Pennsylvania System (USA) and the Auburn System o 1832 the first federal prison in Canada opens (Kingston, Ontario) o Twentieth Century -”Policy of Normalization” o 1935 -Rehabilitative ideal o 1960s -Reintegration model o 1990s -Psychological-based risk prediction ideologies  Classical theory: people being capable, rational and free will  More and more prisons being built  Pennsylvania system reflected the Quaker influence and inmates were isolated from everything and everyone and spent one hour outside and rest of time reading bible or reflecting on their crimes  Auburn system- criminals have to do hard work this was constructed with cells one on top of the other  HARD WORK WILL REFORM INDIVIDUALS while Penn is the reflection and bible will change people  Reflection in Penn is similar to the quiet time in Auburn  Kingston included most of the ideas of the Auburn system  Conditions were harsh, punishments were harsh, extreme forms of discipline  20 century treatments were more popular and vocational and educational training  Rehab Ideal: rehab as a science  Idea that experts are best able to treat people  Reintegration Model: prisoner rights, History of Federal Corrections for women  Women jailed at the Kingston Penitentiary  Prison for Women (called P4W and was in Kingston) o Task Force on Federally Sentenced Women (1989) o Royal Commission (Arbour Report, 1996) o When did P4W close? Why?  Were seen as an inconvenience  Prison for women was opened when this wasn’t seen as efficient and was open until recently  Such few women were in trouble that they were transported to other places  Often (1989) documented how programs and services were barely comparable to ones offered to men because so little time and money spent on programs and were not considered at an equal  1989 called for closure of P4W and replacement of 5 correctional facilities across Canada  poor conditions in P4W and conditions  Arber report talked about poor conditions and sexual abuse going on in the prison and it closed in 2000 History of Fed. Corrections for Aboriginal Populations  Royal Commission on Aboriginal Peoples recommendations for Aboriginal offenders.  Agreements between Aboriginal communities and federal government to provide facilities in mid 1990s for minimum security Aboriginal offenders. o to include teachings of aboriginal teachings in federal offenders and management by aboriginal agencies Role of Correctional institutions in Canada  Since correctional facilities were first introduced, three general models of correctional facilities have emerged. o The Custodial Model o The Rehabilitation Model (critiqued by Robert Martinson et al.) o The Reintegration Model  Which model is the most influential today?  only deals with minimal offence aboriginals and usually only have space for 30 to 40 programs  three models: o TCM- based on idea that prisoners are incarcerated for incapacitation and deterrence, general and specific types of deterrents  All these decisions in this model are about maintaining control, security and discipline o Rehabilitation model: this model became popular in the 1950s and started to fade in the 1970s as a results of critics  Emphasis on individualist treatments  Concerns of control are secondary  Correct problematic behavior o Reintegration Model: prepare criminals to reintegrate in society, provide criminals with the needs and skills to function adequately in society  As a result you would have emphasis on responsibility and accountability of the skills you are learning and take responsibility for the crimes you’ve committed Goals of corrections are relatively similar just done in a different way Institutional Corrections There are three correctional systems operating custodial facilities. Jurisdictions:  Provincial: jails, detention centres, correctional facilities  The Ministry of Correctional Services Act in Ontario  Federal: Correctional Services of Canada (CSC)  The Correctional and Conditional Release Act (CCRA)  three systems: youth, and provincial and federal system for adults Security Levels  Until 1981-1982 there were three levels of security.  Starting in 1981-1982 the CSC began operating under the basis of seven levels of security.  Federal female offenders classified using a different scale: the Security Management System  There is also the dynamic security level in the CSC, which refers to a policy objective that optimizes a safe environment for all employees, offenders, and the public through meaningful interaction: optimizes safe environment for workers, visitors, etc.  three levels of security: maximum, minimum and medium  maximum: likely to escape and cause harm to community, security place may have more guards, higher fences, more restrictions  medium: inmate is likely to escape but they’re more unlikely to cause serious harm in the community : example chain linked fences or high fences  minimum: not likely to escape but if they did they are not likely to cause harm; inmates can literally walk out of facility if they want to, no fences,  seven levels of security o LEVEL 1: community correctional facilities o Level 2: forestry and work camps o LEVEL 3-5: were considered medium security o LEVEL 6: maximum security o LEVEL 7: super max security, most dangerous offenders  female offenders are classified with a security management system approved in 1995  guidelines would take into consideration the different needs and risks of women as opposed to men Assessment of Offenders  Comprehensive intake assessment o Static Risk Factors o Dynamic Risk Factors/Criminogenic Needs  Four Principles: 1. Risk: risk of reoffending, would be believed under risk ideology; If you can find a risk you can reduce it 2. Need: factors related to offender that would have an impact on reducing reoffending 3. Responsively: matching services and programs with offenders learning styles; greater impact on reoffending 4. Professional discretion: During transfer they are classified where they need to go: classification assessment: CIA Static risk factors are factors that cannot be changed: ex being arrested at 15 will not change your age wont change or criminal history wont change  Dynamic Risk Factors: friends with other people involved you just not be friends with them. If you have substance abuse problems with rehab you might not have them Ex. Dynamic Risk: Substance Use among Offenders  40-50% of crimes are linked to substance use o What is the difference between a direct link and an indirect link?  Direct meaning you become violent or physical, indirect would be stealing food because your money was done because of drugs  Substance abuse top reason for reoffending and related to a lot of crime  Substance use in Prison: o Detoxification o Security concerns Institutions and Security Designs Types of Institutions:  Maximum-Security;  Medium-Security; and  Multi-level Security: all levels of security but are segregated from each other  New-Generation Facilities (Podular design): o contain 1-20 people cells and all daily activities would take place in one area and treatment would take place in another pod o Would use direct supervision model, which involves direct contact with correctional officers. o These type of facilities have less violence and less escapes because of the constant surveillance What are some of the differences in the older versus newer designs of correctional institutions? Older were made without thinking of how small structures would impact the health of inmates and loss of individuality Newer ones facilitate life skills you learn how to interact better Direct Supervision Approach Offender Population Profile  In 2008 there were 36,921 incarcerated in both federal and provincial institutions  Women made up 6% of the federal population.  What was the median age of federal offenders? 33  Aboriginal populations make up 3% of the total Canadian population, however they represent 18% of the total federal population.  Complex populations and Correctional Programs Female and Male Facilities  Which sex has less extensive criminal histories and serves shorter sentences? Women, links back to types of crimes  Which sex has higher rates of mental health needs? women  How is the incarceration experience different for women and men?  Which sex has a higher cost of incarceration?male-147,000max security, 93000 for minimum, and for women 230,000 in fed pen  (2013, CBC) Profile of Federally sentenced Women Aboriginal Inmates  Well documented that Aboriginals are overrepresented in both Federal (18%) and Provincial (21%) correctional facilities. o In federal facilities the rate was 53% Aboriginals to 40% non-Aboriginals.  The Gladue Decisions -Jamie Lynn Gladue: guilty of murder while intoxicated but courts didn’t consider cultural issues  Corrections and Conditional Release Act -few undertakings have been accomplished Older Offenders  Any offender over the age of 49 years old  Three types of older offenders mentioned in the text: young offenders who are still there, reoffenders, and  What issues are associated with incarcerated older offenders?  Health factors, chronic conditions that require treatment and mobility issues Dangerous Offenders and the official Designation  March 10, 1995, the Solicitor General of Canada announced the National Flagging System. What does this system help with?  Dangers Offender (DO): Section 752 CCC o those likely to remain incarcerated and those with violent pasts released with long-term supervision orders. o “a pattern of repetitive behaviour by the offender…., showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflict
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