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Administration of Criminal Justice FINAL.docx

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Department
Sociology
Course
Sociology 2253A/B
Professor
Jennifer Silcox
Semester
Fall

Description
Administration of Criminal Justice FINAL 64 M/C and T/F (64 marks) 18 fill-in-blank (18 marks) 4 definitions (2 marks each) 2 short answer (5 marks) Chapter 7 – Forensic Science and Forensic Psychology Forensic Science  Bertillon is a French scientist known for the development of mug shots and crime science photography o First to combine photography with anthropometry o Anthropometry: The science of measuring the size, weight, and proportions of the human body in criminal cases o Also introduced the practice of photographing objects at the crime scene o All advances from eyewitness descriptions and hand-drawings  Locard, pupil of Bertillon o Locard’s exchange principle: States that whenever objects come in contact with one another, there will be an exchange of material between them – trace evidence o Trace evidence: Evidence such as blood or other body fluids (e.g., saliva, semen), fingerprints, hair, teeth marks, fibers from clothing or carpets, flakes of skin left under fingernails, or dirt left on clothing or shoes Securing the Crime Scene  First responders are uniformed officers ensuring that crime scene is not disturbed until lead investigator arrives o Also call for medical assistance, record victim statements, and identify potential witnesses  Lead investigator controls crime scene and investigates, nothing is removed with permission  Body examined in situ (original place)  Fire, gas, etc. called to eliminate any hazards at scene The Role of Crime Scene Investigators  Identification (ident) officers: Police officers given specialized forensic training to investigate major crimes such as murder or rape o RCMP requires at least 7 years on the job/training o Collect all evidence with very strict protocols, turn it over to scientists working in labs o Rarely question suspects or become involved in other aspects  Scene of crime officers (SOCO): Usually police officers, in rare cases, civilian members who have similar training to investigate minor crimes The Role of Forensic Laboratories  RCMP has six, must have BSC or more advanced degrees  Analyze any and all evidence 1  Improper handling of evidence can jeopardize an investigation and lead to defence challenges of the evidence at trial DNA Evidence and Offender Identification  Most common forms of DNA profiling are:  RFLP: first widely accepted method, takes large sample sizes, takes too long  PCR: millions of copies of sample DNA  STR: most common, easily distinguish one DNA from another, analyzes DNA from nucleus, hard to get male sample after three days of sexual assault or if mixed with large female sample  Common misconception that DNA testing can establish guilt or innocence beyond a reasonable doubt o Can and will be challenged in cases where samples are not following protocol o No substitute for conduction thorough police investigation o Helpful for convictions, but not for identification o Can be very backed-up, ex. Paul Bernardo Forensic Psychology  Münsterberg founder of forensic psychology  The application of psychological research, methods, theories, and practices to a task face by the legal system  Study of eye witnesses testimony and the psychology of false confessions The Role of Forensic Psychology  Assessing psychology of police recruits, detecting offender deception in questioning, assessing children as potential witnesses, determining recidivism risks, assessing sanity of the accused, assessing victim reactions, and studying jury behaviour Psychology and Police Training  Begins in pre-hiring interviews to determine psychological suitability: self- awareness, flexibility, problem-solving skills, self-control, self-discipline, communication skills, ability to act as team player, ability to meet client needs  Cognitive ability tests: Tests designed to measure reasoning, perception, memory, verbal and written language skills, mathematical ability, and problem solving – more general, more effective, less biases  Personality tests: Standardized tests used to measure personality characteristics or discover personality disorders that might affect a person’s ability to perform a specific job – MMPI ineffective in distinguishing between honest and fake responses, now use CRI  Situational tests: Tests that present applicants with hypothetical job-related scenarios and ask them to identify appropriate responses from a list of alternatives – simulations can help with confidence, can be too narrow Psychological Profiling  Offender profiling: The process of using all available information about a crime, a crime scene, and a victim in order to compose a profile of the unknown perpetrator – makes many assumptions  Investigative psychology: Field of study that takes the scientific discipline of psychology – its principles, theories, and empirical findings – and applies it to investigations and the legal process 2 Eyewitness Testimony  Potential for offenders to be misidentified or wrongfully convicted based on false memory o Influenced by self-confidence, social influences, communication with police officer, motivation to make the identification, mood, wording of questions, brief view, deliberate confusion from Crown or Prosecution  Key task is to identify optimal conditions for conducting police lineups  Know extent to which children can be relied upon as eyewitnesses Police Interrogations and Confessions  Forensic psychologists often asked to give advice with respect to police interrogations and false confessions  Voluntary confession because individual feels need to be punished or to protect a loved one – easily detected  Compliant confessions are a form of coercion used by innocent persons to reduce the stress of the interrogation  Confession to be recommended for a reduced charge  Some suspects are coerced into believe that they actually committed the crime – “coerced internal confessions” – person may not trust own memories and become vulnerable to external pressure during interrogation  Coerced confessions reinforced by confrontational nature of police interrogations – Reid technique depends on interrogators interpreting the truthfulness of statements using suspects reactions to questioning – psychologically manipulative methods, such as sleep deprivation, false statements about evidence, and promises of leniency in return Expert Testimony  Expert witness meant to offer evidence based on professional expertise, and not be an advocate for either side of the case - even though asked to testify for defense or prosecution  Standards for the admissibility of expert testimony is the four-part Mohan criteria: 1. Evidence must be logically relevant to case 2. Evidence must meet necessity criteria – knowledge which judge/jury not expected to know, expert knowledge 3. Evidence not subject to any previous exclusionary rules 4. Person giving evidence must be recognized as expert based on experience or specialized training and education Determining Insanity  McNaughton rule: Rule stipulating that a person cannot be convicted of a crime if, at the time of the offence, he o she had a mental defect of disease of the mind that made him or her unaware of the nature of his or her actions, or incapable of knowing that the act was wrong – now NCRMD  Use Rogers Criminal Responsibility Assessment Scale and other assessment tools to make diagnosis – rarely used and rarely successful  Both prosecution and defence agree before that accused meets the NCRMD standard  Accused usually assessed long after act was committed, making it difficult to determine the state of mind at the time 3 Chapter 8 – Sentencing  Sentence: A judicial determination of the legal sanction to be given to a person who has been convicted of an offence. Theoretical Principles of Sentencing  Reintegrate: Returning offenders to society as law-abiding and productive citizens Deterrence  To deter not only the individual offender from committing future crime, but potential offenders as well  Crime-control approach based on protecting society through the prevention of criminal acts  Laws are effective when fear of getting caught and going to jail is real and certain  Counter-argument: society has larger responsibilities for welfare of all its citizens to prevent turning to crime because of poverty  Specific deterrence: discourages offender from committing future crime  General deterrence: discourage all potential offenders from committing crime Selective Incapacitation  Based on idea that removing someone from society, means that they are no longer a threat  Incapacitation favours longer sentences for habitual criminals  Counter-argument: 90% of offenders are eventually released Rehabilitation  Approach that many offenders can be treated in human ways and will lead crime- free lives once released  Communities, individuals and the state all have role in repairing harm of offender’s actions  Programs and case management are designed to correct the behaviour and personality of offender  Belief that offenders have social and psychological experiences that have influenced criminal thinking and decision making  Believe prisons should have a variety of programs available to assist the variety of offenders housed within Retribution  Tied to Justice model – severity of sentence should depend on the seriousness of the crime (not the seriousness of the individual)  Not concerned with treatment or reducing the crime rate  Focus on offender’s past behaviour as basis for sentencing, not on the likelihood of future criminal activity or the protection of society  Prefer shorter sentences, including community based sentences Restorative Justice  Repair emotional or material harm for offenders to understand the consequences of their actions and be deterred from committing more crimes  Community and members healed and able to live without fear  Brings people together to repair harm 4  Value judicial discretion, and sentences such as fines, community service, compensation, reconciliation, and apologies are favoured over prison How does a Judge Decide on a Sentence?  Disparity: In a legal context, the difference or inconsistency among judges with respect to sentencing  Bill C-10 and mandatory minimum sentencing aims to eliminate judicial discretion and disparity in sentencing for several crimes Sidebar: What are the Numbers?  Remand: The holding of an accused in custody while he or she waits for trial or sentencing (as opposed to being granted bail, allowing the individual to live in the community while awaiting trial) – many Aboriginals  Make up 2.4% of population, yet 18.5% of Canada’s prison population Judicial Discretion  6 principles of sentencing to guide judges: 1. Denounce the unlawful conduct 2. Deter the offender and others from committing offences 3. Separate the offenders from society, where necessary 4. To provide reparations for harm done to victims or community 5. To promote a sense of responsibility and acknowledgement of harm Mandatory Minimum Sentences  29 offences in Criminal Code carry minimum sentences  Minimum sentences can be broken down into four categories: 1. Life sentence: treason, first-degree murder, second-degree murder 2. Firearm offences 3. Pertaining to repeat offenders 4. Hybrid offences – summary (no mms), indictable (possible)  Prescribed sentences can be unfair to due mitigating circumstances  Judge must consider: sentencing limits for offence, seriousness of the crime, a sentencing philosophy, whether the offender can be rehabilitated Aggravating and Mitigating Circumstances  Aggravating circumstances: Elements in the crime or in the life circumstances of an offender that may permit a judge to sentence the offender to a longer term in prison before being eligible to apply for parole or conditional early release o Despite general parameters of a sentence (mandatory min. and max.) o Offender in position of trust or authority over victim o Premeditation and planning o Offender used force or a weapon o Injury to victim o High financial or personal value of stolen or damaged goods o Victim was youth or vulnerable person o Motivated by bias or prejudice o Association with criminal organization o Abuse of spouse or child while committing offence  “Non-offender facts” also affect the type and length of sentence 5 o Gap principle: Judge considers how much time has passed since offenders last conviction o Criminal history, when crime was committed, interference with investigation  Mitigating circumstances: Elements in the crime or in the life circumstances of an offender that may permit a judge to sentence the offender more leniently o Self-defence o Intoxication or history of addiction o No premeditation o Crime was of financial need rather than greed o Mental health issues reducing decision-making abilities o Under age 18 o Aboriginal  S. 718(2) states that judges must consider: systemic factors contributing to behaviour, sentencing procedures and sanction that may be more appropriate, such as RJ and healing practices o Senior with short-life expectancy because of chronic/terminal illness  “Presentence report” by probation officer can be requested to help judge determine an appropriate sentence o Includes: previous convictions, gang activity, vulnerability of the victim, multiple criminal incidents, use/threat of weapon, brutality, employment record, rehabilitative efforts, disadvantaged background, guilty plea and remorse, length of time to prosecute or sentence offender, good character Victims Victims Impact Statements in Sentencing  Statement detailing how crime has impact their lives, work, health, relations  Victim may be called to stand as witness and give testimony in response to questions asked by Crown prosecutor and defence counsel  Statement offers victims sense of ownership, telling their side of the story Types of Sentences Not Criminally Responsible  Individual lacks mens rea: mental illness, disease, psychosis o Typically includes period of incarceration in forensic mental hospital Absolute and Conditional Discharges  “Absolute:” offender found guilty, but no conviction o Record removed from CPIC if no new charges after one year o Can be used against him or her if new crime is committed  “Conditional:” offender found guilty, but no conviction o However, must follow certain rules for specified length of time, set out in probation order – following orders, becomes absolute o If rules are not followed or one offence committed during this time, offender can be convicted and sentenced for the original offence Suspended Sentence  Conviction entered after the offender is found guilty, but the judge “suspends” the passing of sentence for a fixed period, with or without a probation order o If no further offences are committed during period, no sentence 6 Fines  Can stand alone as sentence or be combined  Most frequently used sentencing options  Fines go directly to governmental coffers, paying for various judicial services and resources  Summary conviction = maximum fine is $5,000, no limit for indictable  Normally impose a 15% victim-fine surcharge – money to victim’s fund to pay for programs for all victims of crime Intermittent Sentence  Offender sentenced to prison for 90 days or less, judge can order it served intermittently: serve it only on weekends o When not in custody, offender must comply with probation order Sidebar: Aiming to Rehabilitate  Deterrence, denunciation, rehabilitation continuum  Deterrence: Disincentive to commit crime; effect of arrest and incarceration  Denunciation: A condemnation or criticism of another’s actions  Rehabilitation: The treatment of offenders to prevent more criminal activity Conditional Sentence  Prison sentence served in community  No prison as long as offender obeys rules imposed by court and under supervision of a probation officer  Alternative to incarceration for sentences of less than two years, but not all are eligible – such as those convicted of an offence with a mandatory minimum prison sentence  All conditional orders have mandatory conditional and optional conditions, including: o “No contact order” o Order to give sample of DNA for DNA National Data Bank o Compensation order allowing person whose property was damaged to sue offender in civil court o Driving prohibitions Mandatory Conditions  Keep peace and good behaviour, appear before court when required, report to supervisor by specified date and thereafter when required and in directed manner, remain within jurisdiction of court unless written permission, notify the court, supervisor, or probation officer in advance of any change of name, address, or employment Optional Conditions  No drugs or alcohol  No owning, possessing, or carrying a weapon  Perform up to 240 hours of community service within one year  Attend treatment program approved by the province Probation  Could serve as alternative or follow a period of incarceration – a combination of different dispositions 7  Dispositions: The specific sanction imposed by a judge in sentencing a person who has been convicted of an offence  Convict must follow specific conditions set by judge for a specified time under supervision of a probation officer  Probation orders have mandatory conditions and judges have discretion of adding further conditions  Breaking conditions – “Breach of Probation” subject to term of imprisonment of up to two years Electronic Monitoring  Remain in homes and whereabouts are monitored to a device strapped around the ankle  No reduction of recidivism because it does not address causes of offending  Controls correctional costs, promotes safe reintegration Restitution  Offender paying victim to cover expenses resulting from crime, equal to replacement value of property  “Repayment” allows offender to “learn” from their mistakes Alternative Measures Program  With accused acknowledgement of guilt for minor offences, they may be referred to community corrections, with programs goal-oriented to: o Prevent individual from getting criminal record o Stop the criminal behaviour o Promote community involvement o Foster community awareness through participation  6 programs within this mandate: fine option, institutional fine option, community work service, pre-trial release, probation and conditional sentence supervision, and temporary absence program Fine Option Program  Pay off fines through community work service, in lieu of, or in addition to, the cash payment of fines – minimum wage Institutional Fine Option  “Work off” fine in correctional facility – earn enough credits to satisfy fine, they are released o (Unpaid amount of fine + costs and charged of committing person to prison/8 hours daily) x Provincial hourly minimum wage Imprisonment  Most serious sentencing option and is intended as a last resort  Summary convictions: maximum is 6 months  Indictable conviction offences: maximum is life imprisonment Dangerous Offender Designation  Crown can apply to court to designate individual a dangerous offender  Any person convicted of a serious personal injury offence and pose a danger to the life, safety, or physical/mental well-being of others  Allows court to sentence offenders indefinitely; after serving 7 years, offender is eligible for a parole review every two years 8 Long-Term Offender Designation  Any person who: o Would be appropriate to impose a sentence of two years or more for the offence o There is a “substantial risk” of re-offending o There is reasonable possibility of eventual control of risk in the community  Substantial risks exists when (1) the offender has been convicted of one of a list of sex offences, and (2) the offender: o Shows repetitive behaviour showing likelihood that offender will cause death/injury/severe psychological damage on or people, or o Has shown a likelihood of causing injury, pain, or other evil to people in future through similar offences, based on conduct in any sexual manner Appealing a Sentence or a Conviction  Can be filed by the Crown or the defence counsel  Finding of guilt (conviction), or innocence (acquittal) or the sentence  “Grounds” for appeal: involve questions of law, questions of fact, or both  Once appeal is filed, convicted person may be released from jail on bail until it is heard  Court of Appeal has five options when hearing appeal on conviction 1. Decide not to hear it 2. Hear it and dismiss it (do not support its continuing on) 3. Substitute conviction with lesser offence, which could reduce the sentence 4. Direct that offender be acquitted 5. Order a new trial Specialized Courts and Sentencing Processes Aboriginal Healing Circles  Support healing for offenders, victims, families, and give people a means to reclaim their cultural traditions  After a finding or admission of guilt, court invites interested members of the community to join the judge, prosecutor, defence counsel, police, social service providers, and community elders, along with the offender and victim and their families and supported, to meet in a circle to discuss the offence, the factors contributing to it, sentencing options, and ways of reintegrating the offender into the community – every person has a role and responsibility Drug Treatment Courts (DTC)  Court-monitored treatment and community service support for offenders with drug addictions  First opened in Toronto in 1998, seven others now across Canada  Recognize that not all criminal behaviour is inherently bad, can be symptom of addiction  Participants must appear regularly in court and complete all orders  Programming and court staff work with community to assess participants’ other needs, such as housing, employment, and job training  Once participant demonstrates control over addiction and social stability, criminal charges are “stayed” or offender receives a non-custodial sentence 9  If unsuccessful, offender sentenced in regular court process Domestic Violence Court (DVC)  Teams of specialized personnel (expert police, lawyers, judges, victim assistance programs, probation services, psychological or social treatment agencies) create program of support for accused and ensure the priority is given to safety and needs of victims and children, and prevent future victims  Purpose:  Provide mechanisms to respond to unique nature of family violence  Improve response to incidents of spousal abused by decreasing court processing time  Facilitate early intervention  Provide appropriate support to victims  Increase offender accountability  Divert criminal justice expenditures Current Issues in Sentencing Safe Streets and Communities Act (2012)  Deterrent approach, “getting tough” through harsher sentencing, even though violent crime is at an all-time low in Canada Public Opinion  Nationwide surveys have shows that most Canadians believe sentences should be more severe, particularly for violent offences  Public opinion poll revealed that violence, gun crimes, and justice system were not major concerns (“most important” to 2.5%) 10 Chapter 9 – Institutional Corrections  Canada has three distinct correctional systems – youth, adult provincial/territorial, and federal o Each has operating custodial facilities – closed custody, detention centres, jails, and penitentiaries – where people are held Jurisdiction  Provincial/territorial responsibly for operating jails and detention centres which involve supervising offenders serving custodial sentences up to two years less a day  Hold people on remand: The holding of an accused in custody while he or she waits for trial or sentencing o Also hold those awaiting transfer to federal institutions, or serving short sentences, no more than 69 days o Operates under authorization of Ministry of Correctional Services Act  Federal system (Correctional Services of Canada) responsible for serving custodial sentences ranging from two years to life, and indeterminate sentences – generally called penitentiaries o Operates under authorization of Corrections and Conditional Release Act (CCRA) The Goals of Correctional Systems 1. To correct problematic behaviour 2. To protect the public Protection of the Public: Myth or Reality?  Specific deterrence: Goal of sentence to send direct message to individual that behaviour is not acceptable  General deterrence: Goal of sentence to discourage other members of the community from the same behaviour  Institutions – social control: Informal influences (e.g., disapproval from parent) and formal influences (e.g., laws, regulation) on a person’s behaviour  Given the poor communication and educational practices of the correctional systems, it is reasonable for communities to have concerns about releases An Overview of Incarceration in Canada Rates of Incarceration  In 2009, Canada’s incarceration rate was 117/100,000 – low but increased by 1% due to higher people being remanded in custody Types of Institutions  Maximum security institutions: high static security systems, armed guards, electronic security, electronic doors and locks, metal detectors, restricting movement, urine testing, searches, dogs, frequent headcounts  Dynamic security such as interaction of staff with offenders, correctional programs and supervised employment opportunities, availability of leisure activities  Those remanded do not access programs – operate at maximum security as little to be known about accused awaiting trial  Medium-security institutions: Greater freedom of movement for inmates, majority of federal offenders 11  Minimum-security institutions: No static security systems, no armed posts, careful supervision maintained, more comfortable, less rigid schedules, more freedom of movement during day, dress code more relaxed  Multi-level institutions: Several levels within one facility, most for females Male and Female Facilities  Criticism for lack of attention and resources for female offenders, lack of gender- specific assessment instruments, programs, and institutions o Assessment: The process by which professionals such as doctors, social workers, and correctional staff gain insight into a person’s behaviour and situation; usually the first step toward developing an intervention plan  Female offenders have less criminal histories, serve shorter sentences, have lower rates for violent offences, and higher mental health needs than males  Female facilities – most multi-level or maximum-security o Multi-level minimum security are more restricted than in a minimum- security facility o Negative impact on rehabilitative process and reintegration o Increase possibility of being negatively affected  Males imprisoned generally in single-level security institutions  Institutions that assist with companionship and are highly interactive help assist with rehabilitation process – starting to model off female needs Costs of Incarceration  Limited evidence suggests that lengthy periods of incarceration reduce crime and recidivism – research supports investing in alternative crime responses Traditional Versus Modern Institutions  Traditional designed to limit interaction between staff and offenders, and do not consider mental and physical health affects of housing large numbers of offenders in small areas  Newer-style institutions use more interactive and direct supervision  Jails and detention centers follow older-style approach of rigid schedules, making offenders dependent on the “system” – institutionalized  Correctional centres and penitentiaries ease development of life skills  Ontario government decided to close small jails and build large regional detention centres in 1996, to lower costs of incarceration and address overcrowding and poor design – hardship of families visiting offender having to travel, added court transportation costs (trying video appearances), long wait for offender to receive services  High expansion and maintenance for renovating older facilities Security Classification  Key criteria: escape risk; risk to public safety if escape; level of supervision required inside institution to ensure safety of other offender and staff  “Security Classification assessment” is completed by federal parole officer, with a yearly review – review nature of offence, determine any outstanding charges, assess behaviour to date, review criminal, personal, and social history, health, needs of offender, risk of violence, recidivism Assessment of Offenders 12  Offenders receiving federal sentence are transported from provincial facility to federal reception or assessment unit for comprehensive intake assessment  Assessment involves all available documents about offender’s family background, peers, substance abuse, criminal history, previous periods of incarceration, employment, education, health history  Interview and required to complete computerized assessment  Purpose to determine security classification and develop a correctional plan to address risk factors for criminal behaviour  Static risk factors: Cannot be changed (e.g., age of first arrest) o Addressed through supervision strategies  Dynamic risk factors (criminogenic needs): Contribute to an individual’s behaviour but are possible to change (e.g., substance abuse, negative peers) o Address through treatment programs to reduce/stop behaviour, lowering risk for recidivism The Risk-Need-Responsivity Model  Risk-Need-Responsivity (RNR) Model: Assessment and rehabilitation theory that suggests it is possible to accurately predict the likelihood that someone will reoffend and to effectively intervene to reduce risk  Risk principle indicates that offender’s reoffending rates can be predicted and reduced if level of service provided matches risk level o Housing low-risk offenders in a maximum-security unit increases the risk of continued criminal activity – “the contagion effect”  Need principle refers to addressing the specific factors that are directly related to the offender’s criminal behaviour as having most impact on reducing recidivism  Top three criminogenic need factors: anti-social support, anti-social personality, and anti-social cognitions o Highlight importance of identifying and assessing the key people of influence within an offender’s life o Staff must help offenders understand the role associates, friends, and family members play in their criminal behaviour, and create strategies for developing a pro-social group of associates  Comprehensive assessments should be used to establish the need areas and math the need with the treatment  Responsivity principle refers to the need to match service delivery and methods with the offender’s learning style and his or her cultural and religious background to have highest potential for reducing the likelihood of continued criminal behaviour o Cognitive-behaviour strategies: Strategies, based on theory that our thoughts, perceptions, and interpretations of the world influence our behaviour, that help us change the way we perceive or interpret a situation, which in turn changes how we behave - most effective o “Professional discretion principle:” circumstances that suggest that standard practice would not be helpful Offender Population Profile  Majority of incarcerated in provincial/territorial institution help on remand  Women serving federal sentences account for 6% of federal population 13  Median age of federal offenders is 33  Offender population is aging, may be reflection of again population – increasing health care needs, protection from other offenders, mobility  Concern is proportion of Aboriginal offenders – 3% of population, yet 18% of total federal offender population o Systemic bias? More offenders incarcerated (21%) than communal supervision (14%)  23% of federal population are serving life or indeterminate sentence  69% of total federal population convicted of violent offence Correctional Programs  Dramatic increase in the number of offenders with mental health problems  Increase in offenders associated with gangs, substance abuse, and extensive histories of criminal behaviour  Challenge to correctional staff from two perspectives: how to ensure safety of offenders and staff; and how best to address the issues that brought the offender into conflict with the law  Ability to participate in educational, treatment, employment, recreational, and spiritual programs and activities helps to ensure that offenders have an opportunity to learn different behaviours and lifestyles to prepare for positive reintegration into the community and reduce recidivism 14 Chapter 10 – Community Corrections  “Community corrections” refers to a wide range of sanctions and interventions used by the criminal justice system to respond to and prevent criminal behaviour  Purpose is to assist offenders in making positive changes in their lives that will help them become crime-free; to reduce crime; and to promote community safety Community Sanctions: A Good Idea?  Personal knowledge or experience often influences a person’s opinion  Sanction: A penalty, such as a fine, probation, or incarceration, imposed on someone found guilty of a criminal offence  Interventions: Various strategies, such as treatment programs, job training, or upgrading education, used to help an offender learn alternatives to criminal behaviour  Higher success rate of changing the behaviour of offenders when community rehabilitation programs are involved than when offenders are removed from their communities to either prisons or closed treatment facilities  Maintain responsibilities such as employment, parenting, family finances, and paying taxes while being hold accountable for their criminal behaviours Probation  Probation: A sentence that is served within the community and that often comes with certain restrictions and conditions, such as regularly checking in with probation and parole – Most common sanction  Judges consider three factors: o Nature and seriousness of the offence o Risk to community of person serving sentence in community o Individual circumstances, such as substance abuse  Maximum length is three years, can be attached to jail sentence as long as it is less than two years, can be combined with fines, community service, or suspended/intermittent sentences  People with mental health problems are more vulnerable to becoming involved with the criminal justice system because they don’t have adequate supports and services Probation Conditions  Standard rules include keeping the peace, being of good behaviour, appearing before the court, and notifying the probation office before changing addresses or places of employment  Other conditions are related to the individual offender: consider criminogenic (dynamic) risk factors. Ex. Substance abuse, associates  Collateral contacts: People on whom probation and parole officers rely to assist in supervising offenders and confirming information provided by offenders o PPO develops network of contacts such as family members, other professional, and community members o Offender must be encouraged to develop a positive, pro-social network of friends to avoid isolation, which leads to non-associates  Considerable attention should be paid to whether the conditions are feasible for that person’s circumstances, or whether the system is setting the person up for failure 15 Violation of Probation Order  When violation occurs, it is the PPO’s responsibility to assess the situation and make a decision whether to charge the offender with a breach of probation  Conviction for breaching probation may result in an additional sanction imposed by the court: jail sentence, second probation order, etc.  If person is convicted of new offences while already on probation, the Crown may ask the court to revoke the probation and impose the normal sentence Probation and Parole Officer Responsibilities  Vital role in community corrections, complete assessments, prepare pre=sentence reports, supervise people on probation or provincial parole Pre-Sentence Reports  Help judge determine most suitable sanction for guilty offender  Includes static risk factor  PPOs have exceptional interviewing, assessment, and writing skills Supervision  PPOs enforce the rules and monitor offenders’ compliance with their probation orders  Need to be counselors, referral agents, life-skills coaches, mediators, etc.  Three key abilities: o Coping with offender emotions o Interpersonal communication skills o Interviewing skills  Knowledge of community resources Intensive Supervision  Too much emphasis on surveillance and not enough on rehabilitation  Increased supervisions standards meant greater emphasis on rules and conditions and a more structured, less helpful and counseling relationship  Increase of targeted treatment intervention programs  Intensive supervision with treatment showed 22% reduction of recidivism Electronic Monitoring  Parole: An early conditional supervised release from a custodial sentence. A person on parole has served a portion of the sentence within an institution.  Devices usually attached to ankle and use GPS technology to monitor the person’s location 24/7 – tamper-resistant, reliable, some interference  Track if person is home by curfew, but not what they are doing  CSC stopped using the electronic monitoring devices Conditional Sentences  Conditional Sentence: A sentence served in the community and supervised by probation and parole officers. Offenders are required to abide by a number of conditions that, if breached, may result either in additional conditions to comply with or in incarceration o Strict conditions, but not on probation o Violation dealt with from nothing, to more conditions, to incarceration Community Service Orders 16  Community Service Orders: An order imposed by the court requiring the offender to complete up to 240 hours volunteer work  Give back to community that crime has harmed; combination with probation Community Partnerships  Non-governmental organization (NGO): Organizations that provide social services to community members who are not adequately addressed by governmental social service programs  Often receive contracts from correctional departments to provide a service, such as a treatment program, to offenders  Services range from offering institutional programming, halfway houses, and treatment programs such as anger management, substance abuse, assisting with employment and housing o A residential setting within the community that is staffed by professional workers who support offenders released on parole with the process of returned to the community  Agencies act as advocates to ensure that correctional officials and departments are held accountable  NGOs strive to educate the general public about issues in CJS and to improve conditions within the community to reduce those contributing to criminal behaviour 17 Chapter 11 – Conditional Release in Canada  Focus on federal correctional system, prison sentences over two years What is Conditional Release?  Conditional release: Release from prison before the expiry of the sentence subject to requirements set by the releasing authority  Release restrictions placed on someone serving a life or indeterminate sentence apply until the individual dies  Nature of programs, restrictions, and intensity of supervision differs and may change over time, but every person can be returned to prison for any reason that makes the Parole Board of Canada think that the person’s risk of committing another crime has increased  Intended to reduce recidivism by addressing the risks presented through supervision and restrictions while addressing the person’s needs through treatment, programs, and support Does Conditional Release Undermine Punishment?  Sentence is a set of limits on the punishment – purpose of Correctional system is to ensure that the sentence handed down by the court is carried  No provision allowing prisoners to serve full sentence in penitentiary and then be released conditionally because conditional release still greatly restricts a person’s freedom  out and to help prepare prisoners for their released back into the community  Number of principles guiding CSC in how to administer the sentence o Principle of “least restrictive measures,:” degree to which authority can use coercive measures: Measures that use force or threats of punishment to make an individual comply with the orders of a person in authority  Relying only on force and intimidation to maintain control is limited and created inhumane and counterproductive circumstances  Most powerful motivator was the prospect of early release from custody  1868 “Remission:” reduce time in custody by 1/3 through good behaviour – abolished  1899 Ticket of Leave Act  1959 The Parole Act, responsibility of National Parole Board set out purpose of parole and criteria for release, revised in 1992, included in CCRA Types of Conditional Release  Gradual release: The process by which a convict moves from higher levels of security through lower levels and eventually into the community under conditional release – decision can be reversed at any time  Variety of conditional release programs – each with own purpose, eligibility date, and granting criteria 1. Unescorted temporary absence (UTA): few days in community for particular purpose (later of: 6 months or 1/6 of sentence) 2. Work release: regular daytime release to work in community 18 3. Day parole: release to community residential program to search for jobs, employment, school, etc. (later of: 6 months prior to parole or 1/6 of sentence) 4. Full parole: lives in home under community supervision (1/3 sentence) 5. Statutory release: community supervision during last third of sentence on most who are not already on parole, which might include a condition to live in a day-parole facility (2/3 of sentence – majority)  “Long-term supervision orders” at sentencing when courts order individual to remain under supervision of a parole officer for a period of up to 10 years after term of custody expires The Nature of Community Supervision  Most common reason for revoking a conditional release is for a breach of the conditions that were set rather than committing another criminal offence Premises for Conditional Release  High recidivism rate occurs immediately after release but stops one year  7 years past crime-free life, ex-prisoners reoffend at rate of average person Does Conditional Release Reduce Crime?  Criminal activity is tied close to age and reduces as individual grow older  Task of conditional release to help offenders reintegrate successfully  11 characteristics of programs associated with successful integration: 1. Focus on specific target of offenders and specific challenges 2. Rely on sound methods for assessing offender’s needs and risk factors 3. Hold offenders accountable and responsible for choices and actions 4. Begin while offender is in prison, continue until stabilized in community 5. Balance between surveillance and control, and support and assistance 6. Offer assistance for all interrelated challenges comprehensively 7. Coordinated effort and support of all agencies
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