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Chapter 7-152253

Chapters 7-15 2253; Textbook notes

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Sociology 2253A/B
Jennifer Silcox

Chapter 7: Forensic Science & Psychology 12/1/2013 10:18:00 PM FORENSIC SCIENCE  modern forensic science has its origins in the works of a number of 19 thcentury scientists  two important scientists: o Alphonse Bertillon (1854-1914)  Best known for development of mug shot and crime scene photography  First person to use combination of photography and anthropometry  System relied on cross referencing full length body photographs of known criminals with head length, breadth, length of middle finger, tattoos, scars and reach. (gradually evolved into mug shot)  Also introduced photographing pictures at crime scene Anthropometry: science of measuring the size, weight, and proportions of human body in criminal cases o Edmond Locard (1877-1966)  Pupil of Bertillon  Director of first crime laboratory in France in the early 1900s  Proposed Locard Exchange Principle  Believed if offender would leave traces of that contact on objects (trace evidence) Locard’s Exchange Principle: states that whenever objects come into contact with one another, there will be an exchange of materials between them Trace Evidence: evidence such as blood or other body fluids, 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  Typically first responder first officer on call who secures the crime scene  Lead investigator arrives and will assume responsibility for controlling crime scene and investigating The Role of Crime Scene Investigators o In Canada major crimes such as murder or rape are investigated by identification officers  Job is to collect evidence and log it and take photographs of the crime scene  Trained to collect fingerprints, tire markings, fibre, hair, any biological evidence, found at major crime scene  Rarely question suspects  When collecting evidence there is a strict protocol that must be followed: a. The use of gloves b. Collect “substrate” samples (control samples of what are believed to be uncontaminated surfaces near the point where psychical evidence is collected c. Use clean disposable forceps d. Place all evidence in appropriate containers  Minor crimes are investigated by scene of crime officers such as robbery, break-ins or other property crimes o In other countries may be called criminologists or crime scene investigators The Role of Forensic Laboratories o Forensic specialists receive more sophisticated training than ident officers o Applicants must have 4 year bachelor education to work in any of the 6 laboratories in Canada run by RCMP o They analyze any ballistic evidence, samples of drywall containing trace elements of blood, paint scrapings takne from hit and run victim, blood samples for traces of drugs or poisons, as well as clothing DNA Evidence and Offender Identification o DNA profiling is predicated up on finding that, in the human genome DNA segments are arranged in repeating patterns, known as “tandems repeats” o Each individual has unique pattern even though inherited through family o Most common form of DNA profiling are RLFP, PCR, STR, mtDNA  RLFP  Was the first widely accepted method to be accepted in scientific community  Disfavored because of the time it took to complete and because it requires large samples  PCR  Can be used to create millions of copies of DNA  Very small samples can be used  STR  Because it can analyze DNA found in the nucleus of cells, most preferred  Limitation is that it is difficult to get profile of male after three days of sexual contact  Also difficult if mixed with sufficiently large female sample  One of the most important things about DNA sampling is that it can establish beyond reasonable doubt Reasonable doubt: the standard of belief beyond which the prosecution must prove its case to obtain a criminal conviction; defendants guilt must be proven to the extent that no reasonable person could have a reasonable doubt about it. Chapter 8: Sentencing 12/1/2013 10:18:00 PM Introduction  Both federal and provincial courts established after Confederation in 1867  Once accused courts must decide on sentence, one of the most difficult aspects of justice system 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  Judges can exercise their discretion in most instances  Important question: did the time in prison prepare the prisoner to reintegrate into the community and become a productive member  Main questions regarding sentencing: i. Should sentence support the states aim to maintain order in society ii. Will this sentence deter other potential criminals from committing this crime iii. Does sentence acknowledge society’s support in rehabilitating iv. what is an appropriate punishment for a crime v. will this crime and how will it deter future crime Deterrence  Plays key role in sentencing: o Deter not only criminal but other offenders as well  This crime control approach is based on protecting society through prevention of criminal acts o Laws are effective when the fear of getting caught is real and certain  Laws and appropriate sentences are meant to control deviant behaviors  Two types of deterrence: o Specific: meant to discourage the offender from committing future crimes o General deterrence: meant to discourage others from committing crime Selective Incapacitation  Based on the idea that if someone is removed from society that the person will no longer be a threat  Restricting freedom makes it impossible to commit a crime  Focuses on punishing individuals like deterrence, but favors much longer sentences  Approach generally taken by people with lengthy criminal records  Long prison sentences are supposed to be seen as a way of removing habitual or career offenders for an extended period of time therefore reducing crime rate  Critics believe that this idea is flawed as it does not provide the cause-effect between punishing and reducing crime o Offenders will be rereleased and may commit more crimes Rehabilitation  Approach that offenders can be treated in humane ways and live productive lives in the community after release  Communities, individuals, and the state all have a role in repairing the harm done by offenders action  Programs and case management programs designed to help and correct  Basic for this approach rooted in the belief that offenders have many layers, they are not just criminals Retribution  This principle tied to justice model where offenders should be punished no more or no less severely than their actions warrant  Focus is crime committed rather than individual  Not concerned with treatment or reducing crime rate  Focuses on offenders part behavior on the basis of sentencing not offenders likelihood of reoffending  Based on the principle that all punishments must maintain that while sentences are determinate, they should be shorter than longer Restorative Justice  Focuses on repairing the harm that has been done  Theory recognizes that crime causes harm that can be felt by any individual, business, offender, community, etc.  Believed that repairing harm, offenders will understand the consequence of their actions and be deterred from committing more crimes, and the community will be healed and wont live in fear of those crimes  Is reflected in two sentencing principles in CCC; o Requires judges to consider how the sentence will provide reparations to the victim and the community o Requires that sentences promote a sense of responsibility in offenders for the harm their crimes have done  Maximum punishments for crime are supported, minimums are not  Fines, community service, etc. are favored How Does A Judge Decide a Sentence?  Same trial heard in different courtrooms by different judges should result in the same or similar sentences  Reality: judicial decision means judicial discretion- the judge decides what is appropriate, which creates disparity Disparity: in a legal context, the difference or inconsistency among judges with respect to sentencing o Result of judges beliefs and philosophies o Has caused concern and has led to demands that judicial discretion be controlled as with minimum sentences o Bill C-10 aims to eliminate judicial discretion and disparity for several crimes Remand: the holding of an accused in custody while he or she waits for trial or sentencing (as opposed to being granted bail, which would allow individual to be in community while awaiting trial) Judicial Discretion  Canadian Criminal Justice Association(CCJA) recommended that sentences “be based on individual contextual factors relating to each offence, rather than legislated minimums that result in ineffective, expensive, and unduly harsh periods of incarceration”  Bill C-10 came into force in 1996 o Was the most comprehensive reform of the law of sentencing in Canadian history o The amendment clarified how sentences should be decided and delivered, and lists six principles of sentencing: 1. To denounce unlawful conduct 2. To deter the offender and other persons from committing offences 3. To separate offenders from society, where necessary 4. To assist in rehabilitating offenders 5. To provide reparations for harm done to victims or to the community 6. To promote a sense of responsibility in offenders and acknowledgment of harm done to victims and to the community Mandatory Minimum Sentences  29 offences in criminal code carry mandatory minimum sentence of imprisonment  majority were created in 1995, with the enactment of Bill C-68 with emphasis on repeat offenders and crimes involving fire arms  current minimum sentences broken down into 4 principles: i. mandatory life sentence imposed upon conviction for three offences: treason, first-degree murder, and second-degree murder ii. seconds consists primarily of firearm offences iii. third pertains to repeat offenders iv. fourth is for hybrid offences.  Several offences that carry mandatory minimum  These sentences are prescribed which means that a judge has no discretion  Judge may take into consideration when sentencing: o Sentencing limits of offence o Seriousness of crime o Sentencing philosophy o Whether offender can be rehabilitated Aggravating and Mitigating Circumstances  Judges may consider other circumstances o Include whether offender was acting in self-defense, or was under the influence of drugs, or was in a position of trust with the victim o These factors are presented in presentencing report 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 release  Aggravating circumstances can result in a more severe sentence than would be imposed in a case without such circumstance or in contrast to the average of the crime  If any other were present during commission of the event the judge may increase the sentence: o Offender was in a position of trust and authority over the victim o There was premeditation and planning o The offender used force or a weapon o There was a injury to the victim o High financial or personal value of stolen or damaged goods o Victim was a youth or vulnerable person  Non-offence factors could also affect length and type of sentence o Offender with long criminal record may receive harsher punishment o Judge may use how much time has elapsed since previous offence o Also other factors such as interfering with police investigation, lying to police, false identity, escape can be considered Gap Principle: a principle whereby a judge, when deciding on an appropriate sentence for a repeat offender, considers how much time has passed since offenders last conviction Mitigating Circumstances: elements in the crime or in the life circumstances of an offender that may permit a judge to sentence offender more leniently  May provide reasonable explanation on why crime committed  They are not considered excuses, but practical elements that speak to the fact that people are fallible and have issues that can influence decisions  Some circumstances: o Accused was acting in self defense o Accused was intoxicated or history of addiction o No premeditation o Crime was of financial need rather than greed o There are mental health issues that may reduce decision making capabilities o Accused is under age of 18 o Accused is aboriginal o Accused is old with short life expectancy  Sentence given should not be extreme, eye for an eye philosophy  Another amendment that was changed, judges must consider the unique circumstances of aboriginal people in deciding whether or not imprisonment is absolutely necessary: o Systemic factors that may have contributed to the criminal behavior of the aboriginal people o Specific sentencing procedures and sanctions that may be more appropriate. These may include restorative justice and healing practices  If requested pre-sentencing report can be requested from parole officer to aid judges decision that outlines background, crime, etc. Victims  Advocated recognize making victims apart of court will recognize their impact and status in court proceedings  Statements may assist judges decision  Only time victims get to voice out Types of Sentences Not Criminally Responsible o Means that even though an accused person is found guilty of committing a crime, the individual lacks the mens rea to be found responsible o Include mental illness, disease o Typically accused ends up in mental hospital Absolute and Conditional Discharges o Absolute discharge, court found offender guilty but not convicted o Offender cannot be subsequently charged and retried for this offence and if they commit another crime, the record of discharge can be used against them o If after one year of no trouble, charge disappears o For conditional discharge, offender is found guilty, but not convicted o He or she is required to follow certain rules for a length of time, like parole Suspended Sentences o Conviction is entered after the offender is found guilty but the judge suspends the passing of a sentence for a fixed period either with or without a probation order Fines o Can stand alone as a sentence or be combined with other types of sentences such as probation or incarceration o For summary conviction maximum fine is $5000 o For indictable there is no limit o Fines are most common sentence in Canada o Judges may also impose victim-fine sub charge Intermittent Sentence o Judge sentences offender jail for 90 days or less o Prisoner could sentence time on weekends o When not in custody offender must comply to rules Conditional Sentence o A prison sentence that is served in the community o Time in prison suspended if offender obeys the rules o Can be given as an alternative to incarceration o Those who are convicted of mandatory minimum sentence are not eligible o All conditional orders have mandatory conditions:  a no contact order to ensure offender has no contact w/ a particular person or does not visit a particular place  a weapons prohibition  an order for offender to give sample of DNA for DNA national Data Bank  a compensation order allowing the person whose property was damaged to sue in civil court  driving prohibitions Mandatory Conditions o person keep peace and be of good behaviour o appear before the court when required to do so o report to supervisor by a specified date o remain within the jurisdiction of the court unless written permission is obtained from the court or the supervisor to go outside of that jurisdiction o notify the court, the supervisor, or the probation officer in advance of any change of name, address, or employment Optional Conditions o not to use drugs or alcohol o not to own possess, or carry a weapon o perform up to 240 hours of community service within one year o attend treatment program approved by province Probation o all probation orders have a set of mandatory conditions that may reflect the particular offending behavior o offenders who violate are charged with breach of probation and subject to imprisonment of up to 2 year disposition: specific sanction imposed by a judge in sentencing a person who has been convicted of an offence Alternative Measures Program o prevent individual from getting a criminal record o stop the criminal behaviour o promote community involvement o foster community awareness through participation  six programs within this mandate: fine option, institutional fine option, community work service, pre- trial release, probation, and conditional sentence supervision, and temporary absence program Dangerous Offender Designation Chapter 9: Institutional Corrections Jurisdiction  Provincial and territorial adult correctional systems are responsible for operating jails and detention centers  Jails and detention centers generally hold people on remand waiting for trail or transfer usually no more than 60 days  Federal system responsible for supervising offenders serving custodial sentences ranging from 2 years to life  Corrections and Conditional Release ACT (CCRA) is key piece of legislation authorizing CSC(correctional services of Canada) to operate custodial facilities to house offenders serving federal sentences The Goal of Correctional Systems  Two goals: correct problematic behaviour, and protect the public  Institutions are considered key instruments of social control and public safety  Increased transparency could help gain public confidence  Some suggest people recommit crimes because punishments are not severe enough An Overview of Incarceration in Canada Rates of Incarceration o In 2009, rates were 117 per 100,000, increased 1% o Increase in incarceration rate is not increased people committing crimes, but increased number of people in custody o Those who are not remanded of an offence are still kept in custody Types of Institutions o Maximum security institutions are characterized by high static security systems such as high fences, stricter security  Dynamic security strategies are relied on, including interaction of workers with offenders  Supervision and limited freedom or knowledge o Medium security institutions  Have same features of maximum security but more freedom  Majority of federal offenders are classified as medium security offenders o Minimum security institutions  Significantly different from maximum security institutions  Usually no armed security not a high level of security  Living conditions generally more comfortable o Multi-level institutions  Those consisting of several different security levels within one faculty  Most house female offenders are multi level institutions Male and Female Facilities o Criticized for lack of resources for women offenders o Lack of gender specific assessment instruments, programs, and institutions o Low arrest rate, convictions, and custodial sentences explains this rate o Females are less likely to have extensive criminal histories and serve shorter sentences and have higher rate of mental health needs than males o Most female jails are operated on multi level institutions Cost of Incarceration o High costs associate with more and more people being incarcerated longer o Costs more to incarcerate women and maximum offenders o Government responsible for health care, food, shelter, etc. o Can cost up to 7 million to house a maximum sentence offender Traditional Vs. Modern Institutions o Older institutions were designed given little consideration to housing large numbers of people o Living areas affected mental and physical health o Tradition institutions particularly maximum and medium were designed for little interaction between people o They also had rigid schedule and little opportunities to make decisions for themselves o Maintain costs and transportation costs problematic Security Classification o CCRA established three criteria to be used by CSC staff when determining whether federal offender should be housed in maximum, minimum, or medium security place:  Escape risk  Risk to public  Safety in event of escape  Level of supervision required o Security classification assessment completed by parole officer  Reviews nature of offenses, issues, and other information about offender and offence Assessment of Offenders o Offenders who receive federal sentence are transported from a provincial facility to a federal reception or assessment unit for a comprehensive intake assessment  Assessment involves examining all available documents about offenders family background, peers, substance abuse, criminal history, previous periods of incarceration or community supervision, employment, and education, and medical and mental health history o Purpose to determine security classification and develop a correctional plan to address needs and risk factors for criminal behaviour o Some factors, static risk factors cannot be changed, while others, dynamic risk factors (or criminogenic needs) such as criminal associates, attitudes, employment, substance abuse can be changed.  Supervision reduces these factors from reoccurring The Risk-Need-Responsibility Model o Clinical judgments made by mental health and correctional professionals about an offender’s risk to reoffend are not as accurate as predictions based on actuarial instruments o RNR model developed by Andrews, Bonta, and Hoge 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 the risk o Risk principle indicates that an offenders risk reoffend can be predicted and reduced if the level of service provided matches the risk level of the person. o Correctional interventions and programs used to assist these two offenders need to be matched to their respective levels o A maximum security offender requires more intensive supervision and interventions o Need principle refers to addressing the specific factors that are directly related to the offenders criminal behaviour having the most impact reducing recidivism o Top three criminogenic need factors were found to be anti- social support, anti-social personality, and anti-social cognitions o Pro-social people may help reduce recidivism o Like the risk principle, the need principle requires that the level of service match the extent of the need in order to have meaningful results o Responsivity principle refers to the need to match service delivery and methods with the offenders learning style and his or her cultural and religious background in order to have the highest potential for reducing the likelihood of continued criminal behaviour Cognitive-behavioral strategies: strategies based on the theory that out thoughts, perceptions and interpretations of the world influence out behaviour that wil help us change the way we perceive or interpret a situation which in turn changes how we behave Community Corrections 12/1/2013 10:18:00 PM Community Sanctions: A good Idea?  Media has influential role regarding perception of community sanctions  Facts are usually presented by the media in negative ways that creates an illusion that community correctional interventions such as probation don’t work  CCS help reintegrate people into society and learning new skills  Higher success rates of changing the behaviour of offender when community rehab programs are involved  Significant reductions in recidivism are realized within community settings when the three key principles of the risk-needs- responsivity(RNR) model are used. Interventions: various strategies such as treatment programs, job training, or upgrading education used to help an offender learn alternatives to criminal behavior Probation  Common sanction imposed by courts in Canada and sentence that is completed within the community  Judges consider three factors when deciding whether probation would be appropriate: o Nature or seriousness of the offence o Risk to the community members if the person is allowed to serve sentence in the community o Individual circumstances such as substance abuse  In Canada max length of probation sentence is three years  Can also attach to a sentence so long as the period of incarceration does not exceed two years  Provincial corrections system is responsible for supervising people on probation  Majority of people sentenced to probation or parole are female offenders  Sentenced to parole increased three percent in one year  Many have mental health problems which is due to the dehospitalization policy decisions made in the 1960s in Canada to have people with mental disorders hospitalized or separated from society Probation Conditions  Conditions imposed by the judge are directly related to the individual offender and the issues determined to be linked to the persons criminal behaviour o For example if an offenders substance abuse has been identified as a criminogenic risk factor, conditions to abstain from drugs and attend rehab might be imposed o PPO responsible for identifying program and referring to appropriate program to keep up with RNR model o Also responsible for making sure they attend treatment Criminogenic (or dynamic) risk factors: factors contributing to an individuals criminal behaviour that are possible to change such as substance abuse or negative peers. If change occurs, the risk for continued criminal behaviour is reduced  Often a course of police investigation that an offender is found to be hanging out with another offender  Another way that PPOs find out about offenders violating the non association condition is through community partners known a collateral contacts Collateral contacts: people on whom probation and parole officers rely to assist in supervising offenders and confirming information provided by offenders  PPO develops network of contacts such as family friends etc. that give him or her information and assist in supervising  Biggest problem faced by offender in society is isolation Violation of Probation Order  Failure to comply may result in offender being charged with breach of probation  When violation occurs, PPO’s responsibility to report and make a decision about the situation  In case of conditional discharge, committing a new offence, crown attorney may ask the court to revoke probation Pre-Sentence Reports  Contains information about the offenders criminal behaviour, criminal history, and social circumstances, PPOs interview the offender, family members, friends, and employers, and review official police and correctional files in order to prepare a comprehensive document  Recommendations for possible conditions Supervision  Bonta et al. concluded that PPOs focus too much on enforcement and not enough on principles of effective correctional practices on outlined in the RNR model  PPO often need to be counselors, referral agents, life-skills coaches, mediators, and more  Expected to know more about risk assessment, human behavior, effective interventions, and community resources than they were 20 years ago  Study by Bracken identified three abilities identified by both groups: o Coping with offender emotions o Interpersonal communication skills o Interviewing skills Intensive Supervision  In 1970s the philosophy of corrections began to place more emphasis on punishment  More restrictive conditions such as curfew, more limitations  In 1990s people thought that parole practices and probation are not enough  Increased contact between PPO and offender did not increase quality, but rather increased the detection of minor technical violations that typically were not observed when there was less contact  Intensive supervision strategies coupled increased surveillance with targeted treatment intervention programs  Evaluations of intensive supervision programs that incorporated treatment showed almost a 22 percent reduction recidivism  Currently more attention is being given to the quality of the professional relationship between the PPO and probationer, in the belief that this relationship itself can be used for more than supervisor purposes  Relationship between PPO and offender became more structured  Some intensive supervision strategies coupled increased surveillance with targeted treatment intervention programs Electronic Monitoring  Makes sense for higher risk offender  Does not have significant impact on recidivism  In Canada used more often with low risk than high risk offenders  What cannot be determined is what the person is doing Conditional Sentences  Introduced in 1996 conditional sentence served in community  Only recommended by judge if risk is not too great  Supervised by PPO but not probation  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 in either in additional conditions to comply with or in incarceration Community Service Orders  An order imposed by the court requiring the offender to complete up to 240 hours of volunteer work  Is to provide offender opportunity to give back to the community  Some help out at homeless shelters, food banks, community shelters Community Partnerships  PPO rely on non governmental organization to provide services to address both criminogenic and non criminogenic need areas  NGOs: organizations that provide social services to community members who are not adequately addressed by governmental social service programs  These programs often receive contracts from correctional departments to services such as treatment programs for offenders  Mandates of correctional departments have increasingly focused on funding only programs concerned with risk factors directly linked to criminal behaviour which has in turn increased the difficulties NGO’s experience in providing services to the broader need areas  This narrower focus has created more demand for creative ways to assist offenders who have problems that need to be addressed but do not fall within the mandate of the probation office  Some agencies also act as advocates and play a key role in ensuring that correctional officials and departments are held accountable  Chapter 11-Conditional Release in Canada 12/1/2013 10:18:00 PM What Is Conditional Release  Describes circumstances under which individuals are released from prison before the full expiry of their sentence  CR person to live under restrictions, participate in programs and report to a supervisor  The nature of the programs, restriction, and intensity of supervision differs between individual and may change over time but every person can be returned to prison at any time for reason parole board might think they are a danger  CR intended to reduce recidivism by addressing risks through supervision and restriction Does Conditional Release Undermine Punishment  CR still greatly restricts a persons liberty  What is Conditional Release Release from prison before the expiry of the sentence subject to requirements set by the releasing authority Requires person to live under restrictions, enter programs, and report to supervisor The released restrictions placed on someone serving life or indeterminate sentence apply until individual dies because those sentences never expire CR intended to reduce recidivism by addressing the risks that the person presents through supervision and restrictions while also addressing the persons needs through appropriate treatment, programs and support Does Conditional Release Undermine Punishment Still greatly restricts a persons liberty Law of sentencing coexists with the laws of conditional release-one dies bit trump the other This means just because punishment expressed in years it does not determine how it will actually be served Rather the sentence is a set of limits on the punishment the purpose of corrections in Canada is set out in the Corrects and Conditional Release Act (CCRA;1992) purpose of correctional system is to ensure that the sentence handed down by the court is carried out and to help prepare prisoners for their release back into the community only courts can determine punishments and set maximum terms of loss and freedom; not mentioned in CCRA number of principles that guide the correctional service of Canada in how it administers the sentence one of those principles relates to the degree to which authorities 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 referred to as the principle of least restrictive measures states: that the service use the least restrictive measures consistent with the protection of the public staff members and offender abiding by this principle is crucial as a part of CCRA since 19 thcentury, management of prisoners has depended on primarily on the use of force and coercion to main control initially authorities relied on silent system, hard labor, flogging, and isolation and other forms of deprivation all with a smattering of religious instructions in the belief that these measure would reform prisoners by making them penitent instead criminals are more likely to become broken, humiliated individuals driven to insanity, self-mutilation, and suicide were proven that these effects were inhumane and ineffective in 1868 Canada introduced remission, through which prisoners could reduce their time in custody by up to one-third through good behaviour was abolished in 1969 1899:The ticket of leave act: an act to provide for the conditional liberation of convicts first introduced a form of conditional release referred to as a ticket of leave abolished and replaced with parole which became the reasonability of the newly created national parole board Types of Conditional Release Gradual release: the process by which a convict moves from higher levels of security through lower levels and eventually until the community under conditional release Process typically begins well before any form of conditional release They start off with an assessment and usually offenders are in medium or maximum level institutions and with time may be moved down to minimum and be eligible for temporary leaves such as day parole Finally the offender may be released in community on full parole Various programs of conditional release: Unescorted temporary absence Work release Day parole Full parole Statutory release Difference between these programs are the days and times the offender is released The Nature of Community Supervision Those under supervision are required or encouraged to see professionals such as therapists or participate in programs that address their issues Supervision and restriction’s are intensified or relaxed based on individuals perceived risk Authority of the parole board is substantial and subject only to internal review Most common reason for revoking a CR is for a break of the conditions that were set rather than committing another offence Premises for Conditional Release The period at which someone is at risk of reoffending is during the first few months of release High recidivism rate that occurs immediately after release but then flattens quickly after the first 12 months After 7 years risk is the same as someone who does not have a criminal record The number of prisoners actually being released in any given year returns to the same level as before the longer sentences were imposed Does Conditional Release Reduce Crime? According to RCMP about 4 million Canadians have criminal records About 0.009 percent of all those are in jail Short term risk of early release needs to be balanced against the long term benefits of lower criminal recidivism Page 277 discusses the programs listed with successful integration into society Ensuring parole officers are adequately trained can be a problem The findings that the greatest benefit in applying the risk need responsivity principles was with the more serious offenders Data both supports and disapproves whether or not CR actually works Read statistics and studies outlined in chapter The Special Case of Statutory Release Accounts for 68% of all releases from federal prisons in Canada It demonstrates the greatest conflicts relating to the purpose of conditional release Parole board must show why certain prisoners owing to specific high risk factors should remain in custody until their sentence expires unlike CR As a result majority of prisoners eligible for statutory release are indeed released The Ouiment Committee’s Report on Corrections In 1969 the Ouiment committee in its report of he Canadian Committee on Correction reviewed Canada’s experience during the first decade after the parole act came into force Committee noted that the lowest-risk offenders were being released to community based supervision through parole, those who has not been granted parole were being released directly into the community without supervision or assistance Logic of gradual release was compelling to the committee They chose to recommend a system under which almost everyone released be under some form of supervision Members of committee also were aware of the implications of releasing the most dangerous and difficult prisoners To address this problem, they proposed that the period of supervision occurs during what had b
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