Learn: crm306

Corrections

the structures, policies, and programs to sanction, punish, treat, and/or supervise persons who have been accused or convicted of criminal offences

corporal punishment

when the state responds to an offence by imposing physical punishment that is designed to cause the person pain

capital punishment

when the state puts a person to death as punishment for the offence(s)

galley slavery

a practice used to remove poor people from the streets and as a sentence for convicted persons whereby these individuals worked as rowers—often on military or merchant ships

transportation

a sentence whereby the convicted person was sent via a ship to a remote location, often a penal colony, where they could be subject to providing labour for a certain period of time

hulks

decommissioned navy vessels that were converted into floating jails and prisons

punishment

inflicting a consequence or penalty for wrongdoing, or the consequence or penalty itself

classical (conservative) school

a perspective on criminal offenders and punishment based on the view that people exercise free will and engage in criminal behaviour as a result of rational choice, and that punishment must be swift, certain, and proportionate to the crime yet severe enough to outweigh the pleasure of engaging in crime

hedonistic calculus -- Jeremy Bentham

measure the amount of pleasure and pain an action produces so you can determine its moral correctness

positivist (liberal) school

a perspective on criminal offenders and punishment based on the view that criminal behaviour is determined and that those who engage in crime require individualized treatment

critical (radical) school

a perspective on crime, offenders, and punishment that highlights the role of economics, politics, power, and oppression in the formulation of laws and the administration of justice

restorative justice

an approach to responding to offenders based on the principle that criminal behaviour injures victims, communities, and offenders, and that all of these parties should be involved in efforts to address the causes of the behaviour and its consequences

punitive penology

a response to criminal offenders characterized by severe criminal sanctions, including "tough-on-crime" legislation

penal populism

corrections policies that are formulated in pursuit of political objectives, often in the absence of an informed public or in spite of public opinion, and that are centred on being "tough on crime"

Pennsylvania model (for prisons)

a separate and silent system in which prisoners were completely isolated from one another, eating, working, and sleeping in separate cells

Auburn model (for prisons)

a system that allowed prisoners to work and eat together during the day in strict silence and housed them in individual cells at night

moral architecture

the term used to describe the design of the first penitentiary in Canada, the intent of which was to reflect themes of order and morality

Brown Commission

an investigation into the operations of Kingston Penitentiary that condemned the use of corporal punishment and emphasized the need for rehabilitation

medical model of corrections

the view that criminal offenders were ill—

physically, mentally, and/or socially—and that treatment and diagnosis would ensure rehabilitation

Creating Choices

the report of the Task Force on Federally Sentenced Women that had a significant impact on the structure and operation of women's corrections

Arbour Report

the report of an inquiry into events at the Kingston Prison for Women in April 1994, which documented violations of policy, the rule of law, and institutional regulations, and had a significant impact on the development of women's corrections

Canadian Charter of Rights and Freedoms

the primary law of the land, which guarantees basic rights and freedoms for citizens, including persons accused and convicted of crimes

Constitution Act, 1867

legislation that includes provisions that define the responsibilities of the federal and provincial/territorial governments with respect to criminal justice

Criminal Code

federal legislation that sets out the criminal laws of Canada and the procedures for administering justice

Corrections and Conditional Release Act (CCRA)

the primary legislation under which the federal system of corrections operates

rule of law

the requirement that governments, as well as individuals, be subject to and abide by the law

duty to act fairly

the obligation of corrections to ensure that offenders are treated fairly by corrections personnel; also, the right of inmates to be heard and to have an impartial hearing

non-carceral

that portion of systems of corrections relating to offenders in non-institutional settings

carceral

that portion of systems of corrections relating to confinement in correctional institutions

community corrections

the portion of corrections that includes alternatives to confinement (e.g., probation) and programs and supervision for people released from correctional institutions, including those released on parole

two-year rule

the basis for the division of responsibility for convicted individuals between the federal and provincial/territorial governments

Parole Board of Canada (PBC)

an agency that operates independently of CSC that is responsible for making decisions regarding conditional release for most federal offenders and offenders in provincial and territorial custody in jurisdictions without their own provincial or territorial parole boards

Office of the Correctional Investigator (OCI)

an independent federal agency that serves as the ombudsperson for federally sentenced persons with the key responsibility of investigating and attempting to resolve complaints brought forward by individual offenders

decarceration

criminal justice policies and sentencing decisions designed to reduce the number of persons confined in correctional institutions

prison industrial complex

a term used to describe the overlapping interests of government and industry that use surveillance, policing, and imprisonment as solutions to economic, social, and political problems

NIMBY (not in my back yard) syndrome

the resistance of community residents toward the efforts of corrections systems to locate programming and residences for offenders in the community

decolonization

a complex process that involves dismantling colonial power by investing in the restoration of Indigenous knowledge systems and perspectives of history, culture, traditions, and sovereignty

general deterrence

an objective of sentencing designed to deter others from engaging in criminal behaviour

specific deterrence

an objective of sentencing designed to deter the person from future criminal behaviour

rehabilitation

an objective of sentencing designed to address factors that contribute to the person engaging in criminal behaviour

incapacitation

an objective of sentencing designed to prevent a person from reoffending by depriving them of their liberty through a sentence of imprisonment

denunciation

an objective of sentencing designed to express society's disapproval of a person's criminal behaviour

retribution

an objective of sentencing designed to make the person pay for their criminal behaviour via the imposition of punishment

concurrent sentences

sentences that are amalgamated and served simultaneously

consecutive sentences

sentences that run separately and are completed one after the other

intermittent sentences

sentences that are served on a "part-time" basis, generally on weekends

R v Gladue

a decision by the SCC that held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous peoples

Gladue Report

a document prepared by a Gladue writer or caseworker that describes the convicted Indigenous person's individual and community circumstances and systemic issues that may have contributed to their involvement in the criminal justice system

judicial determination

an order by the sentencing judge that the person serve one half of their sentence or 10 years, whichever is less, before being eligible to apply for full parole

dangerous offenders

a designation made by the judge after conviction that can result in an indeterminate term of imprisonment in a federal correctional institution

long-term offenders

a designation under section 753 of the Criminal Code that requires the person to spend up to 10 years under supervision following the expiry of their sentence

therapeutic justice

an approach in problem-solving courts that uses the law and the court's authority as change agents to promote the health and well-being of offenders, while ensuring their legal rights are protected and that justice is done

problem-solving courts

specialized courts that are designed to divert people with special needs from the traditional criminal courts

circle sentencing

an approach to sentencing based on the principles of restorative justice

justice funnel

describes how the number of criminal cases rapidly decreases as they move from initial offenses down to final convictions and prison sentences