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Midterm

Soc 2256 - Class notes for MIDTERM 2014 (Week 1-5)

25 Pages
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Department
Sociology
Course Code
Sociology 2256A/B
Professor
Jennifer Silcox

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Description
Week 1:An introduction to Canadian Corrections Chapter 1: Perspectives on Crime and Punishment Recap of Major Themes • Correctional Change • The Early Days • Perspectives on Crime, Offenders and Punishment • Punishment and Corrections in the Early 21st Century • Restorative Justice Correctional Change • When does correctional change occur? - The severity of punishment is modified - Explanations of criminal behavior change; crime is depended on the era we live and where we live in the world and that the definitions of crime are just subjective - New structural arrangements are established; development of parole like how we treat criminality as a change if we have an introduction of parole - The number or proportion of offenders involved in the correctional process changes; for example if we have way more offenders then we’ll have to change the process The Early Days • Punishment by imprisonment was rare and the prison was used for awaiting trial or corporal trial or if they were used to pay for fines, as opposed to holding them for actual punishment • Ecclesiastical prisons run by the Catholic Church - As early as the 6th century, common by the 9th - What was unique about these prisons? prisons as punishment, were designed as a punishment and that later punishments were developed from these early prisons • First house of correction: crime introduced because of hard labor and that people weren’t used to it, that’s why we force hard labor on people to socialize them into the world instead of expecting it of them - Built at Bridewell, in London, in 1557 • England’s Bloody Code; response to what the middle class saw as a rise to the dangerous class, they were worried that there were too many criminals and that the lower class had become too violent, and this was after the industrial revolution • Hulks were decommission vessels that were used to hold prisoners (image), the hulk prison system comprised of 11 ships holding more than 3000 prisoners Perspective on Crime, Offenders, and Punishment • The Classical (Conservative) School; conservative type ideology, during the 18th century where we saw a switch from corporal punishment to imprisonment. Offenders exercise free will and engage in criminal behavior because of rational choices. Hedonistic calcuist where you maximize pleasure and minimize pain, it’s like a calculated criminality and that the rewards cannot outweigh the punishments. The punishment also cannot be too severe since it’ll just seem as too punitive ex) Jaywalking • The Positivist (Liberal) School; 1800’s criminality was predetermined or determined by psychological, biological and sociological factors. In order to study it there should be scientific methods for us to study criminology. • The Critical (Radical) School; based on ideas of power and control. Rooted in exploitation and equality Punishment and Corrections in the Early 21st Century: Key Features • The Risk-focused Society and Corrections; tools that are used to calculate whether or not criminality is most likely to exist or the risk of re-offending, it’s like using surveillance technology trying to target crime in that area this is like the new penology, to calculate risk in a more objective way since it’s trying to combat crime • Punitive Penology and the Rise of Penal Populism; shift towards laws that increased the severity of criminal sanctions. ex) safe streets and community acts • Punitive Corrections in the United States; current day trend. shift from rehabilitative to more punitive way of dealing with offenders. 3 strikes you’re out law. ex) MMS. Privatization has also extended a bit to Canada as well. • Crime, Punishment, and the Canadian Public knows very little about criminal justice RJ: The Effectiveness I • Crime victims praise RJ programs that involve face-to-face victim-offender interaction since they feel that they’ve been hurt, and when asking what they want from the criminal justice system they just want to be heard that they want to be heard • Offenders involved in RJ programs are more: - Likely to assume responsibility; view the victim as a person and realize the harm that they caused - Satisfied with RJ processes; and, - Likely to comply with RJ agreements than court orders RJ: The Effectiveness II • RJ is effective in reducing repeat offending among property and violent criminals • RJ is more effective than incarceration in reducing reoffending • RJ can improve community health and quality of life • RJ can reduce criminal justice costs and the amount of time required to conclude a case RJ Challenges • Public perception that RJ is soft on crime • Lack of public awareness about RJ • Man RJ principles are unfamiliar to criminal justice practitioners, politicians and policy makers • Preventing revictimization during RJ processes • Community dynamics may make it difficult to implement RJ programs Conclusion • There are different explanations for correctional change • Imprisonment has not always been used as a form of punishment • There are competing perspectives on crime, criminal offenders, and what the objectives of corrections should be • RJ is an alternative framework for responding to criminal offenders Week 2: History of Punishments & Corrections Historical Change in Corrections • Correctional change occurs when: 1.The severity of punishment of convicted offenders is modified 2.Explanations of criminal behavior change 3.New structural arrangements are created 4.Rate of persons in corrections changes Evolutions of Punishment • Before MiddleAges - Punishment; death penalty like carried by hanging, burying people alive. Corporal punishment like being exiled, or fines and that imprisonment was rare • Imprisonment as punishment - 1500s England - 1600s Continental Europe • Retribution - 1700s --> breakdown feudalism led to the bloody code and that the courts were resorting to the death penalty - Death penalty --> dangerous classes - “Bloody Code” - Banishment, Transportation Enlightenment • 18th Century • Corporal punishment of the body--> imprisonment to the punishment of the mind • Beccaria (“Essay on Crime and Punishment”) - Punishment should fit the crime • Bentham - Hedonistic calculus; most pleasure for the least amount of pain. Believed that it was better to follow a more longer punishment for the more severe crime Punishment in Early Canada • 1600s to 1800s • Punishment influenced by England and France - Serious crimes - death penalty - Less serious crimes - branding, transportation, banishment, workhouses; prison where they’d work off their punishment, fines, whipping, local jails • Deterrence (mainly done with deterrence in mind for individual and general population) - Public punishments (shaming, humiliation) American Penitentiary • 1700s --> imprisonment as punishment • 1790 - 1830 shift in perception of crime - “useful citizen” • Walnut Street Jail (1790) in Philadelphia, people were very optimistic with this • Pennsylvania System - Separate and silent system in their own individual cells and kept out of eye sight from other prisoners and had very limited in socializing with other people. If they tried to make any form of communication they were severely punished - Europe, SouthAmerica,Asia • Auburn System - Interactive with one another, strict silence; were allowed to spend time with each other like during the day but not at night and that you were in your own cells at night - United States and Canada Competing Models • Pennsylvania system - “Separate system” ◦ solitary confinement ◦eat, sleep, work in cell ◦religious instruction ◦reflection upon crimes - Reform through ◦salvation ◦religious enlightenment - Model for Europe - E.g. Walnut St.Jail • New York system - Evolved into “Congregate system” ◦ hard labor in shops-day ◦solitary confinement-night ◦strict discipline ◦ rule of silence - Reform through ◦good work habits ◦discipline - Model for US-economical - E.g.,Auburn Prison, 1816 Canadian Penitentiary • Kingston Penitentiary 1835 before confederation due to the increase in crime rates in 1830’s - Hierarchy of institutions; most serious criminals charged with federal offences - Auburn system (silent system); required convicts to have perfect obedience and submission to the officers and required them to do hard work and perform labor. Weren’t allowed to communicate with verbal or non-verbal, males were whipped and females were sent to private confinement - Goals of Penitentiary ◦ Deterrence ◦Reform - Moral architecture - Separated by gender, offence What do you think? • What do you think a strict code of silence might do to an individual? Do you think strict silence and hard work would reform an individual or do you think it could potentially make them worse? Brown Commission 1848-49 • George Brown led 1848 Royal Commission • Systemic inquiry into Kingston Penitentiary - Charges of mismanagement, theft, mistreatment of convicts • Recommended removal of warden • Primary purpose = rehabilitation and deterrence using least force possible 1850 - Early 1900s • 1867 prisons in Kingston, Saint John, Halifax; improve the conditions and operations of provincial jails. Separation of genders made official • Hierarchy - Lockups, jails, prisons, penitentiaries • 1867 = Parliament of Canada - Two-year rule • 1886 PenitentiaryAct - Federal prison inspectors ◦ Separate confinement females, mentally disordered, young offenders • 1906 new PenitentiaryAct included provisions for inmates to earn remission which is like good time or where you’re able to leave jail early Modern Reform: 1930 - 1970 • 1930s harsh regiment of penitentiaries slowly changing - Rewards for good behavior like being able to write a letter, have better light in your cell to be able to read, better receive medical coverage or conditions, being able to communicate before and after beds - “Strict silence” start to be less strict • Goals - Protect society BUTALSO reform, rehabilitation - Training, programming - Classification helped determine what privileges which offenders got • Led to community correction programs • Corporal punishment until 1960s (strap/paddle) Post WWII • Move toward treatment model - Training to get jobs, education, therapy like group counseling - 1948 Kingston psychiatric hospital opened • Became known as medical model; - Criminal behavior symptom of illness like psychologically, mentally or sociologically - Diagnosis + Treatment = Rehabilitation • 1960s = height treatment model - More facilities, less inmates - Treatment teams - Visitation, education, training opportunities MedicałTreatment Model (1930s - 1960s) • Criminal behavior is caused by social, psychological, biological deficiencies that require medical treatment - First serious efforts to implement truly medical strategies aimed at scientifically classifying, treating, rehabilitating criminal offenders - e.g. “medical” programs & institutions Shift to Community Corrections • 1969 Canadian Committee on Corrections suggested treatment more effective in community setting • 1970s: Canadian Penitentiary Service --> Correctional Service of Canada • Medical model discarded - Regional health centers 1990 to Present • 1990s: Federal vs. Provincial gov’t split - Federal: European model of corrections ◦ Kingston Prison for Women closed ◦ Increase Federal offenders under community supervision - Provincial: Conservative ideology ◦ “Americanization” ◦ Exception: Quebec Community Corrections • Probation - 1889:Act to Permit the Conditional Release of First Offenders in Certain Cases; permitted judges to place somebody on probation on good behavior - 1892: Probation in CCC; could be used as a punishment and was community based - 1921: Report to officer; role of probation officers changing • Parole (conditional release) - 1899:Act to Provide for the Conditional Liberation of Penitentiary Convicts - 1959: ParoleAct and parole board Historical Development in Response to Crime • Cohen (1985) defined four historical developments: 1.Increasing centralization of the response to crime and criminals + development of bureaucratic institutions to carry out task 2.Classification of criminals through experts 3.Construction of prisons and asylums as places of reform 4.Decrease in severity of physical punishment, increase focus on mind Shift to Crime Control Model • 1970s onward with a shift towards crime control model which is conservative • With the “Americanization” of corrections • War on Drugs The Crime Control Model (1970s - 2000) • Less optimistic & forgiving view of man & ability of CJS to change him • Crime better controlled by more incarceration & strict supervision • Number of precipitating factors - Public concern over rising crime in ‘60s - Disillusionment with treatment start to increase in the 1970’s and modern era - Public clamor for longer sentences for offenders due to a lot of misconceptions of the crime in Canada - Distrust of discretion given to authorities What do you think? • Punishment used to be a public spectacle. Nowadays, it is anonymous and private. What are the benefits and drawbacks of public versus anonymous/private punishment? • (Take into consideration many of today’s restorative justice approaches are returning to a public forum) Criminological Theories Classical School of Criminology • 1700s • Cesare Beccaria; Jeremy Bentham • Notion of free will - Hedonistic calculus - Not external or internal factors • Primary goal CJS: deterrence - General vs. Specific • Punishment “swift and certain” which is considered good Positivist School of Criminology • 1800s • Lombroso racist beliefs of criminality, Ferri, Garafalo • Deterministic (social, psychological, biological, physiological) • Scientific method • Inherent differences • Focus on individual • Treatment and rehabilitation Brief History of Capital Punishment in Canada Capital Punishment in Canada • 1865 - Murder like of police, treason and rape carried the death penalty in Upper and Lower Canada • 1961 - Murder was classified into capital and non-capital offenses - Capital murder offenses = mandatory hanging • 1962 - The last executions took place in Canada • 1966 - Capital punishment in Canada was limited to the killing of on-duty police officers and prison guards • 1976 - Capital punishments in abolished - Replaced with a mandatory life sentence without possibility of parole for 25 years for all first-degree murders • 1987 - A motion to reintroduce capital punishment was debated in the Canadian House of Commons and defeated on a free vote • 1998 - Canadian National Defense Act = removal of death penalty - Replaced with life imprisonment with no eligibility for parole before 25 years • 2001 - The Supreme Court of Canada ruled, in United States v. Burns, that in extradition cases it is constitutionally required that “in all but exceptional cases” the Canadian government seek assurances that the death penalty will not be imposed, or if imposed not carried out The Death Penalty • Hanging executions are now widely recognized as cruel. Of the 84 nations that still employ the death penalty, lethal injection is the most commonly used method • Since the 1970s, methods employed in the United States have been electrocution, hanging, lethal injection and firing squads Week 3: Prisons and Correctional Institutions Correctional Institutions • The prison is one of the most visible and controversial components of corrections; like police and jail • Federal and provinciałterritorial systems of corrections spend the largest portion of their budgets on institutions; the buildings are costly and difficult to manage • Only 5% of those who come to the attention of the criminal justice system are ultimately incarcerated for their offences; criminal funnels like people who are deemed as the most serious are the 5% Federal Correctional Institutions • Federal correctional facilities are categorized in the following security levels: - Minimum-security institutions; move around freely and have more freedom, and not gated - Medium-security institutions; still likely to be gated in but you still have more freedom than the more rigidly tightly controlled security - Maximum-security institutions; video surveillance and is more rigid - Special Handling Unit (SHU); canada’s highest security or super maximum prison. Has committed or likely to commit the serious and dangerous crimes or like a series of them. Involved in some serious bodily injury or thought to commit some injury causing death or if they’re believed to be involved in terrorism. Could be based on a single incident but it could also be showing the pattern or multitude of it. Or they can voluntarily go to this increased security institution. Still educational programming that’s offered within this institution - Multi-level institutions ProvinciałTerritorial Institutions • Provinces/territories make more extensive use of maximum-security institutions, primarily because of the responsibility for housing persons who are on remand or sentencing; prisons where people go while they’re waiting to go to trial. The Ottawa house will have prisoners and also people who are waiting for trial and that it’s not just for dangerous people it’s for a wide range • According to Gartner, Webster and Doob (2009) there is a growth of women in custody on remand; which used to be rare since before they were found to be more innocent than men. Women are there for remand like waiting for trial and not exactly for sentences. Youth and Custody • Youth Correctional Supervision Programs include both open and closed type of security system: - Sentenced custody; most serious, only if they have committed a serious type of crime. Can send a youth to custodial sentence if it’s more than 2 years sentence - Remanded into custody if they’re seen as a threat to society like the youth drunk driver since he hit somebody while driving drunk twice; pretrial detention which is open - Community supervision; supervised by provincial and territorial • Provinciałterritorial agencies as responsible Correctional Institutions • Aboriginal Healing Centers and Lodges - held under CSC - The federal government has entered into agreements with First Nations groups across the country to develop and operate healing lodges; meant to offer services and programs that represent a first nation’s approach. More culturally sensitive and appropriate. It was believed that our traditional way wasn’t deemed fit to teach them correctly. Showed less of a recidivism rate compared to if they went through the traditional way. ◦ Pê Sâkâstêw - a minimum security facility located near Hobbema,Alberta on the Samson Cree Nation - Accountable to a governing council composed of Elders and other First Nations representatives • Security and Escapes - Prison escapes are quite rare ◦ Federally, most involve inmates walking away from minimum security facilities ◦ Provincially, the majority of “escapees” are offenders who fail to show up to serve weekend, intermittent sentences (allowed to serve their time on the weekends and don’t pose a risk to society) • PrisonArchitecture - What is meant by the moral architecture of correctional facilities? Moral architecture is that prison are where inmates are taught proper values through a strict regiment. - What is the objective of the new ‘moral architecture’in federal corrections? to promote positive group interaction among small groups of inmates, and to encourage inmates to become responsible , and to prepare them for life outside of the institution • The Future of PrisonArchitecture in Canada? - The CSC Review Panel (2007) recommended that...we move away from the philosophy of having small stand alone correction facilities, and move towards like a regional complex approach where there are multiple different levels of security on one grounds instead of each ground having their own designated level. • Americanization? MoralArchitecture & Youth Crime • What problems do you think can arise from teaching values and morals?Are they static and unchanging? Various perspectives of our CJS have influenced moral universalism. • Juvenile DelinquentAct of 1908 criticized for being chalked full of discrimination and systemic abuse; considered to be this moralistic and parenting legislation and trying to teach the kids what is the proper way to behave - E.g. Morality standards - E.g. Status offense; youth can be charged with but not adults • Young OffendersAct of 1984 and the abolition of status offenses unfortunately didn’t help matters Bill C-10’s Influence on Prisons • Safe Streets & CommunitiesAct (SSCA) - Has also been called the omnibus crime bill or Bill C-10 - Conservative politicians rally behind tougher legislation to protect society - Passed in March 2012 • What are the potential implications for Canadian corrections? Could help us further criminalizing for minor crimes but also having MMS for major crimes, and spending more money Correctional Institutions • TheAttributes of the Modern Prison: - Prisons are asked to pursue conflicting goals; expected to keep society safe and supposed to rehabilitated people, when you see these conflicted goals it could potentially influence in what we’re able to do. ex) goals for prison is to maintain and manage this population but at the same time rehabilitate some of the risk factors - Prisons are political and public institutions - Prisons are total institutions • Total Institutions is “a place of residence and work where a large number of like-situated individuals, cut off from the wider society for an appreciable period of time, together lead an enclosed, formally administered round of life; major attributes is that all of your daily life and activities are controlled by a single authority. Each phase of a prisoner’s life is carried on in the immediate company and are expected to follow an extreme regiment or daily activities and are controlled over this hierarchy • Canada represents a ‘continuum of correctional institutions’; because we can’t say that all of our correctional institutions are the exact same since we have many different ones. Strict regimentation is based upon on the level of risks that the particular institution has. Maximal would be more of a total institution than a minimal one • Prison Organization • Institutional Management Models - Federal versus Provincial Management Model; both structured around institutional management models and that territoriałprovincial is the unit management model. Federal experienced difficult insuring for rule of law to happen - The Legislative and Policy Framework ◦ All correctional institutions operate within a legislative and policy framework »Federal institutions are subject to the Corrections and Conditional ReleaseAct (CCRA) and other legislation, guidelines, regional instructions, standing orders, post orders, and policy manuals • Challenges of Running Correctional Institutions - Meeting the Requirements of Legislation and Policy; as legislation continues to change and shift, we have difficult times meeting them - Managing Staff - Overcrowding; 180%-200% capacity rate, one main huge issue - Facilitating Rehabilitation - increase Inmate Gangs - Ensuring Inmate Safety - Spread of communication diseases Inmate Gangs • Represent a threat to correctional facilities; involved in higher rates of institutional misconduct compared to the general population, and also involved with a greater amount of violence. Recidivism rates are typically higher when they return to the community • CSC did a survey of USAcorrectional systems and management strategies: - Segregation & isolation; including gang only type of institutions so that they wouldn’t be able to recruit new gang members - Gang-only and Gang-free; Gang-free like where the people have no known gang affiliations HIV/AIDS and Infectious Diseases • 1991 - John Howard Society of Metro. Toronto conducted Canada’s first assessment ofAIDS needs among the prison population - Education (Condom kids: bleaching kits; prison exit kids; needle exchange); to reduce harm reduction, so that we can at least protect them if we can’t stop them. Lack of knowledge for the difference of the two. Believed it should be a compulsory program in prison to make them more well aware of the risks • Possible recommendations from anAmerican study: - Education: programs really do need to let them know, so that since there’s no cure we have to try to stop the disease from spreading between them and also the broader society; Screening: before they enter the prison but it could be a controversial issue surrounding the mass of screening people; Housing decisions: housing of inmates of the disease like those who are already confirmed to have it will be confined to a facility that deals with just them so that it protects them from passing it on to other people; Professionalism: provide professional care and compassion • The Prisoners HIV/AIDS SupportAction Network (PASAN) - Established in 1991 - Consider this a human rights issue, not just a contemporary issue - HIV/AIDS education, support, and advocacy to prisons ex-prisoners, young offenders and their families to be able to help and decease the stigma and shame that’s associated with this Correctional Institutions • Prison Riots - Prison riots results from a culmination of a unique set of circumstances and events and are symptomatic of a breakdown of policy and practice. -- 3 or 4 more people form on a common purpose and think that there’s a breach of disturbance and has to be more than noise and deemed riotous. It should be to overcome the peace officers. - Minor disturbances are often the result of cutbacks in programs or changes in institutional policy • Private Prisons?Americanization of corrections. Deliver the criminal justice programs or services is being used more. - Governments are looking for more cost-effective ways to operate institutions and to lower rates of re-offending - The private sector is most extensively involved in the design, construction, and management of prisons in the United States, Puerto Rico, Britain andAustralia. Canada is looking at this method to make it more cost effective. What do you think? • Should there be private prisons in Canada? • Pros: - Cost-effective: more flexible than gov’t run institutions; more accountable to gov’t review; etc • Cons: - Prison industrial complex; reinforces public fear for private-sector involvement; punishment for profit; low-paid staff Correctional Institutions • 21st Century and the High Tech Prison - The exponential growth in high technology, combined with the needs of governments to operate prisons cost-effectively, has led to the emergence of the high-tech prison in Canada. Electronic and video surveillance can be used to watching them more easier than having more people being there to watch it, so that it’s a larger amount of people being watched at once instead of having to do it manually. - Although institutions utilizing high technology may be less expensive to operate, high costs may occur in other ways: ◦ Technology may improve security, but it also reduces contact between correctional staff and inmates Classification & Treatment • 3 major trends in offender classification and treatment: 1.the increasing use of sophisticated risk/needs assessment instruments; 2.the increasing domination of treatment research, policy, and programs from a psychological perspective; what are going to trigger people to reoffend and what type of potential issues might they have and 3.a differentiated treatment approach for women,Aboriginals, and specific categories of offenders such as sex offenders Classification and RiskAssessment • Classification is the process by which inmates are subdivided into groups based on a variety of considerations, for housing or units within an institution • Offenders have a variety of criminogenic needs that must be addressed within the institution and in the community • Classification Tools and Techniques; formal methods for assessing risk and can be actuarial (large collection of data and like statistics) or clinical - Avariety of instruments are used to conduct psychological, substance abuse, vocational and educational and family violence assessments; static risk factors like criminal history, dynamic is substance abuse. CSC uses actuarial methods since it’s able to be applied to a large group instead of having a clinical method being applied. - Various factors are considered in determining the inmate’s security level • Risk Analysis used to determine: - which facility the offender should be confined or moved to; - to identify the offender’s treatment needs - to identify offenders who require higher levels of support, intervention, and supervision upon release; and - to assist in release decisions • Risk Assessment - Corrections personnel generally consider: ◦ static risk factors & dynamic risk factors - The determination of risk, then, is the result of combining static criminal history information with dynamic (or criminogenic need) factors Criticisms of RiskAssessments? • Inequality embedded into the statistical tools; created within the social structure more generally where there’s inequality within it and by default we’re just having inequality - gendered, racist, ageist, and classical assumptions • The Canadian Elizabeth Fry Societies have called attention to the unequal ways women and men are classified - ie. Risk to self versus risk to others; background history of women and young offenders, there are many times where harassment has happened and that it could be that the person needs it more but isn’t available in minimum but is available in maximum may be transported there instead • No risk prediction is completely accurate • False positives and false negatives; low risk but do reoffend is negatives • To improve risk assessment? using both actuarial but should also combine it with clinical and not just one of them alone. These two don’t work on sex offenders. Can move from guess work and more to a conducive method Case Management • The primary goals of case management are to: 1.provide for systematic monitoring of the offender during all phases of confinement; 2.facilitate the graduated release of offenders into the community; release over time like getting more and more freedoms gradually over time and 3.prevent reoffending by the inmate upon release into the outside community • The Correctional Plan- based on risk and needs as well - Determines the offender’s initial institution placement, specific training or work opportunities, and release planning; developed at the beginning to see what type of process they’d go to - Identifies program needs - Sets out benchmarks; including parole eligibility dates and likely program entrance dates - Provincial short term planning (release planning) vs. Federal longer term planning (takes place over a much longer period) • The Role of Federal Institutional Parole Officers -
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