CC102 Quiz 3

Diversion

Programs that are designed to keep offenders from being processed further into the formal justice system

Concerns with Diversion

Net Widening

Coercion

Net Widening

Concerns with Diversion

Potential, unanticipated consequence of diversion in which persons who would otherwise have been released outright by police or not charged by Crown counsel are involved in the justice system

Coercion

Concerns with Diversion

Offenders surrender basic procedural rights to access programs

Intermediate Sanction

A wide range of correctional programs that generally fall between probation and incarceration

-halfway house, bootcamp/house arrest, day attendance centres/IPS, CSO/electronic monitoring

Probation

A sentence imposed that provides for the supervision of the offender in the community by a probation officer, either as an alternative to custody or in conjunction with a period of incarceration

Uses of probation

part of conditional discharge

condition of suspended sentence

part of intermittent sentence

sentence on its own

following prison term of 2 yrs or less

in conjunction with a conditional release

federal offender who received sentenced exactly 2 yrs

Activities of probation officers

officers of the court

investigation

counselling

surveillance & enforcement

assessment

service coordination

Dual Role of Probation Officers

Assistance and support: address issues that contribute to crime, ID resources in community

Enforce conditions: ensure compliance with general and specific conditions of probation order

Effective Case Management

Identification of risks and needs of offender, and appropriate level of supervision

Risk management and protection of the public

Use the LSI-OR in Ontario

Core role of probation officer in completing assessments (Identify risks and needs Supervision plan)

Risk, Need, Responsivity

Risk Principle

Need Principle

Responsivity Principle

Risk Principle

Correctional interventions are most effective when matched with the offender's level of risk, and higher-risk offenders benefit most from interventions

Need Principle

To be effective, correctional interventions must address the criminogenic needs of offenders

Responsivity Principle

Correctional interventions should be matched to the learning styles of individual offenders

Intensive Supervision Probation (ISP)

An intermediate sanction that generally includes reduced caseloads for probation officers, increased surveillance, treatment interventions, and efforts to ensure that probationers are employed

-For young offenders, greater risk

ISP - Probationers

Pos experiences

Deterrent

Pains of probation

More punitive than prison

ISP - Probation Officers

High stress

Safety issues

High need clients

High caseload

Electronic Monitoring

Correctional strategy that involves placing an offender under house arrest and then using electronic equipment to ensure the conditions of supervision are fulfilled

-Front End: as condition of early release, used to support an altn, ensures public safety

-Back End: used by sentencing judge

The rule of law

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

Restorative Justice

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

Principles of Restorative Justice

Addressing harms and needs

Confirming obligations of offenders, families, communities, society

Inclusive and collaborative

Involving stakeholders

Righting wrongs

Restorative Justice Approaches

Victim-Offender mediation

Circle Sentencing

Victim-Offender mediation

Provides an opportunity for a crime victim and the offender to communicate and address the impact of the offence, and for the offender to take responsibility for the offence and its consequences

Circle Sentencing

Involves collaboration and consensual decision making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders

-focus is crime and larger conflict

-sentence only 1 part of sol'n

-focus on present and future conduct

-behav judged with holistic framework taking into account community and family

-sentence considers offender, victim, community

Collaborative Justice Project

Urban setting (Ottawa-Carleton)

Pre-sentence approach

Considers cases of serious offending, such as robbery, break and enter, assault causing bodily harm

Criteria for Acceptance into Collaborative Justice Project

Serious crime where the Crown is seeking custody

Accused remorseful, takes responsibility, and willing to repair harm

Identifiable victim who is interested in participating

Restorative Justice in Aboriginal Communities

Increasingly involved in developing RJ services, which can vary widely by community

-Tsuu T'ina Nations Court: aboriginal judge/crown/clerks, peacekeeping program, elders/victims/offenders/others/in circle healing, completion ceremony

-Comm Holistic Circle Healing Program: comm response to high rates of sex assault, traditional healing practices, restore peace and harmony

Circle of Support and Accountability

Developed by Canadian Mennonite Community based on Indigenous practices of healing circles

Support for sex offenders released from federal institutions with little or no supervision

Extend restorative contact with offender (housing, emp'ment, spiritual/moral support, financial mngmt, budget cut avoided)

Challenges in Restorative Justice

Resistance by CJ personnel

Limited comm interest or capacity

Perception RJ approaches are soft

Lack of public awareness

Revictimization

Victims and offenders understand objectives

Victims and offenders are equal participants

Effectiveness of Restorative Justice

Yes:

Reduces reoffending

Facilitates comm involvement

Pos impacts admin of justice

Maybe:

Meets needs of crime victims

Pos impact on offenders

Aboriginal initiatives in Aboriginal communities

Hard to tell:

Circle sentencing and recidivism

Division of Responsibility for Sentences

2 years and under- Provincial Responsibility

2 years plus 1 day - Federal Responsibility

Held by Province/Territory if in custody before and during trial - jail or detention centre

The Canadian Penitentiary

Kingston Penitentiary completed in 1835 (closed in 2013)

-Moral architecture—reflects themes of order and morality

-Auburn model of strict silence, hard labour, and strong emphasis on religion

Types of Correctional Institutions

Min security: no perimeter fence, unrestricted inmate movement except night

Medium security: high security perimeter fence, some restrictions on movement

Max security: high security perimeter fence, highly controlled envir with movement strictly controlled

Types of security

Static: fixed security apparatus, walls/fences/alarms/videos

Dynamic: ongoing, meaningful interactions btwn staff and inmates

Total Institutions

Challenges of Correctional Institutions:

Highly structured environments in which all movements of the inmates are controlled 24 hours a day by staff

Extended through technology

May heighten the pains of imprisonment

Can become claustrophobic

Special Inmate Populations

Challenges of Correctional Institutions:

Seniors - growing pop over 50, chronic diseases/disabilities/special resources, victimized by younger inmates

Ppl with mental illness - growing pop, new asylums, short periods and lack resources = treatment hard

Offenders with Fetal Alcohol Syndrome - brain damage, impulsive, aggressive, violence, LD

Challenges of Correctional Institutions

Poor conditions

Growth in remand

Changing offender profile

Overcrowding

Gangs

Inmate safety

Female Offenders

Challenges of Correctional Institutions:

Increase of 40%

More violent crimes

1 in 10 gang affiliated

1 in 4 drug charges

Past victimization

Previous psychiatric issues

Greater physical and mental health needs

More over age of 50

Arbour Report

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

-Louis Arbour did investigation

Correctional Officers

Legal and moral authority: enforcing rules vs functional r'ship, discretion

R'ship with inmates: accommodative r'ships, inmate testing, reading cues

R'ships with admin and treatment staff: neg view of them, can limit ability to make pos change

Who is in prison?

Male

Young

Single

Dysfunctional instability

Minority

Low skills

Low education

Under-housed

Status Degradation Ceremonies

The processing of offenders into correctional institutions whereby the offender is psychologically and materially stripped of possessions that identify him or her as a member of the free society

Pains of Imprisonment

Deprivations experienced by inmates, including the loss of autonomy, privacy, security, and freedom of movement and association

Inmate Social System

Inmate subculture: Patterns of interaction and the relationships that exist among inmates

Prisonization: Process by which inmates become socialized into the norms, values, and culture of the prison

Institutionalization: Inmates who have become prisonized to such a degree that they are unable to function in the outside free community

Inmate families

Isolation, stigmatization, neglect, and concerns over finances, housing, and children

Psychological effects on partners and children: Trauma, shame, academic and behavioural problems

Family visits reduce institutional misconduct and lower rates of reoffending

Classification and Treatment - Risk Factors

Static

Dynamic

Static Risk

Attributes that predict recidivism but aren't changeable

-Crim history, prior convictions, past performance on release

Dynamic Risk

Attributes that can be altered through intervention

-Level of education, emp'ment skills, addictions, cog thinking ability

Involvement in Crime

Lack of attachments

School or emp'ment problems

Lack of pro-social leisure

Antisocial peers

Antisocial attitudes

Antisocial personality

Substance abuse

History of antisocial behav

Case Management and Treatment

Matching needs and abilities of offenders with correctional programs

-Correctional plan: Determines offender's initial institution placement, specific training or work opportunities, and preparation for release

-Treatment: low priority, limited availability, many leave prison without completing programs

Principles of Effective Treatment

Empirically supported

Incorporate risk, needs, responsivity

Focus on dynamic risk factors

Monitored and evaluated

Well-trained dedicated staff

Recidivism rates

Measuring Effectiveness

Number of offenders released from confinement who return to prison

Problems using Recidivism

Prevents assessments of relative improvement

Difficult to connect participation in programs with how they do once released

Offender shifts from serious to minor crime

Other factors, such as supportive family, type of supervision

Return to crime may not be detected

Conditional Release

Leaving prison before end of sentence

subject to conditions that if breached can trigger revocation

Parole

Cold Turkey Release

Release of offender at end of sentence

No conditional release or supervision possible

Warrant Expiry Date

End of offender's sentence

Preparing for Release

Release Plan: Plan setting out residential, educational, and treatment arrangements made for an inmate who is applying for conditional release

Community Assessment: Evaluation of the feasibility of the release plan, the level of supervision required, and the availability of community resources

Types of Release

Temporary Absences

Day Parole

Full Parole

Statutory Release

Temporary Absences

Conditional release allowing inmate to participate in community activities while residing in a minimum-security facility (UTA, ETA)

Day Parole

An opportunity for inmates to be at large to prepare for full release while returning at night to an institution or community residential facility

Full Parole

An inmate at large and under supervision in the community for the remainder of his or her sentence

Statutory Release

Type of conditional release that allows incarcerated federal offenders to be released at the 2/3 point in their sentence

Serve remaining 1/3 under supervision in the community

Victims - Release, re-entry

May observe the hearing and make statements in person, in writing, or by pre-recorded video

Participation is sporadic and rare

Info sharing

Issues in Parole Decision Making

Boards may be subject to public and political influence

Absence of case information feedback

Absence of clearly defined release criteria

Reintegration

The process whereby an inmate is prepared for and released into the community after serving time in prison

Pains of Re-entry

The difficulties that inmates released from prison encounter as they try to adjust to life in the community

Prison: slow, structures, few choices/responsibilities, assistance avail

Outside: fast, complex, many choices/obligations, no one to assist right away

Problems: emp'ment, family reunification, housing, friends, subst abuse, crim record, anxiety etc.

Parole Officer Supervision

Responsibilities include assessment, monitoring, counselling, officer of the court

-Dual role Confidant and enforcer of rules

Recent emphasis on risk management and surveillance

-Enforcement orientation

Programs for Offenders

Community correctional centres and residential facilities (halfway houses)

Intensive supervision program

-High-risk offenders on conditional release

Special Populations on Parole

Sex offenders

High-risk offenders

Mental illness

Making it: Predictors of Success

Support network

Stable housing

Emp'ment

Participation in treatment

Decision to be pro-social

Demographics

Re-entry for Women Offenders

Risks: high-risk rating, unemp'ment, sub abuse, failure to complete comm programs

Challenges: emp'ment, childcare, contact with children, accommodation, partner issues, gender discrim

Success: being pro-social, support network, pos r'ship with parole officer

Suspension

Initiated by the supervising parole officer in cases where the parolee has allegedly failed to abide by the conditions of release

-Can be cancelled or sent to PBC for review

Revocation

A decision by a releasing authority (parole board) made in connection with an offender whose release has been suspended

Evidence-Based Legislation, Policies, and Programs

-Lack of access to well-developed body of empirical knowledge to inform legislative or policy decisions

-Most initiatives are not evidence-based

-Follow business model where research is strongly related to innovative practice

-More people are interested in being re-elected than making a difference

Challenges to Developing Evidence-Based Practices

-Policymakers' resistance to new strategies

-Concerns about costs

-Public desire for retribution

-Complacency among line staff

-Defining success

-Lack of awareness about evidence-based practices

-Cooperating with researchers

-Fear of unknown

People can party constantly during low cost functions

Accountability - Evidence Based Practices

Increases legit of actions

Raises public confidence

Professional commitment to evid based strategies

Accused accorded rights

Reduces arbitrary and abusive behav

Whole CJS is accountable to public

Reactive Sanctioning

Levels of crime fluctuate independently of CJS efforts

CJS reacts to problems instead of solving them

Problems defined by law rather than how they are experienced

Proactive Problem Solving (Sanctioning)

Problem solving courts and RJ

Addresses more than crim behav

Symptom of deeper issues

Reducing Marginality

Many people in conflict with the law are marginalized

Crime is a symptom of deeper social, economic, and community disorder

CJS does not address marginality (addiction, poverty, homelessness, mental illness)

-Take an evidence-based approach and collect data

-Partner with other agencies, organizations, communities

Victim Needs

Avoid victim blaming

Address marginalization and revictimization of crime victims

Balance between victim rights and administration of justice

Managing Technology

Increasing use of technology for information gathering and surveillance

Update policies and reduce overreliance on technology

Maintain human, helping relationships that are a core component of successful CJ interventions

Ethics in CJ

In policing: deception and confessions, biased policing, discretion

In courts: plea bargaining, punishment, adversarial justice

In corrections: mandatory treatment, staff ethics vs managerial directives, inmate mothers and children

Diversity

Cultural diversity poses challenges to criminal law and the justice system

Few studies on how professionals manage when confronted with diversity

How do Crown, defence, judiciary, parole, and probation officers handle cases involving minorities

Fiscal Crises of Governments

Cutbacks in funding to CJS

Smart on crime: Fairness, accuracy, alternatives, prevention, reintegration, evidence-based assessments

Reduces overcrim: Penalties that have no relation to the offence or culpability and are overly excessive, restorative and problem-solving initiatives

Expanding Effective Criminal Justice Interventions

Recognize and document effective interventions: specialized courts, risk/need/responsivity principles, comm engagement and involvement

Collect and report helpful errors: compile "lessons learned"

Mobilizing the Community

Untapped reservoir of community support

If nurtured, can play a significant role in CJS

Successful initiatives, such as Circles of Support and Accountability, subject to funding cuts despite evidence for success

-Political agenda outweighs evidence-based programs

Treated as Adult

Pre 1908

All ages

Harsh sentences, housed with adults

Juvenile Delinquency Act

1908-1984

7+, 12-16, 17 or 18

Established a separate system

Included status offences

Young Offenders Act

1984-2003

12-18

Excluded status offences (after Charter of Rights, 1982)

Established due process

Youth Criminal Justice Act

2003-now

Balanced YOA with Social Needs

Increased Sentencing Options

No transfer to adult court but Youth Justice could impose adult sentence