Crim 1100 Final 2.0

Types of Non-Custodial Sanctions:Fines

\- Can be imposed alone or in conjunction with other sanctions\- If offence carries a penalty with a min or max sentence of more than 5 years, the offender cannot receive one alone

Types of Non-Custodial Sanctions:Absolute/Conditional discharge

Less serious offence committed by a first time offenderAs long as you don't commit another crime within three years the conviction will be removed from your record

Diversion ProgramsDiversion program at post-sentencing

\- Can be done through problem solving or traditional\- Can divert at pre charge, post charge, post sentencing\- To prevent offender from going deeper into the CJS\- Mostly used for young offenders\- Offender must acknowledge responsibility, agree to various conditions (eg. curfew, no substance use) engage in some form of restorative justice system, and usually have to do community service

Diversion ProgramsVictim-offender mediation

\- A form of restorative justice\- Victim and offender are given the chance to express their concerns, views and feelings

Diversion ProgramsConditional Sentence

\- Applicable for individuals who have been incarcerated for more than two years\- Monitored by probation officers in the community\- Judges are prevented from using this for certain offences\- If a suspect has violated conditions they will appear before court and may serve prison time.\- Conditions include abstinence of alcohol, drugs, curfews, community service

Diversion ProgramsProbation (section 731 of criminal code)

\- In cases with no minimum penalty, the sentencing judge may place the offender on it for up to three years\- Very common bc its given when judges don't know what to sentence the offender with\- Approx 45% of offenders receive it \- Specific conditions can be tailored to the risks/needs of the offender, - person may need to attend specialised programs (eg. need to be employed/ looking for a job, don't talk to known offenders, may not be allowed to go some places)

Probation

Probation vs. conditional sentence
\- More freedom\- Can be out and about until curfew (usually 9pm)\- Alternative to custody, but may be accompanied by a period of incarceration\- Has to be for three years or less\- Emphasis on rehabilitation\- Breach of conditions results in offender returning to court and more restrictions being set

Conditional sentence

Probation vs. Conditional sentence
\- Basically on house arrest\- Can't be used if offence has a minimum sentence\- Can be used if offence was drug trafficking, caused bodily harm, or involved use of weapon)\- Has to be less than two years\-mBreach of conditions may result in being sent to jail for rest of sentence

Parole

Probation vs. Parole
\-Only applies to individuals sentenced to incarceration. At a certain point in their sentence they are eligible for parole\- Imposed by criminal court judge\- Continues till end of sentenceAvailable for Federal/Provincial/Territorial offenders\- Offender must abide by conditions\- Monitored for longer bc any length of sentence they have left when they get parole will be converted to parole time, if breached there is a higher likelihood of imprisonment

Intensive supervision probation

\- Specially trained probation officers that monitor high risk individuals\- More officers and less offenders than regular probation\- Applied to juvenile offenders and higher-risk adult offenders\- Supervision is extensive: Probation officers meet with offenders in person multiple times a week\- Supervision is focused: focussed on behaviour related to the crime you committed\- Supervision is ubiquitous: random drug tests and curfew checks\- Supervision is graduated: there are phases that the offender goes through, getting more intense as they get closer to the end of the sentence\- Supervision is strictly enforced: penalties for are severe\- Supervision is coordinated: monitored by especially selected and trained officers who are part of a larger specialised group

Electronic monitoring

\- Correctional strategy involving placing an offender under house arrest and using an electronic ankle monitoring device to control where the offender goes\- Device notifies probation officers when offender goes into certain areas they are not allowed to go

GPS tracking

Gps device will alert a probation officer if you go near an area you are not allowed to be at (ie. parks, pools, for sex offenders)

Pre sentence report

\- probation/ parole officer makes report to help the judge decide how to sentence you\- Includes your strengths and risk factors

Probation Officer Duties

\- Identify the needs of their client (offender), \- conducting risk assessments, \- writing pre-sentence reports, \- creating/implementing supervision plans, \- monitoring clients

General Themes considered in pre sentence reports

\- Offenders living environment: childhood, family, friends, work, social situations\- Circumstances surrounding the crime\- How to help the offender do what is needed to improve (therapy, employment)\- How trauma experience may have impacted indigenous offender (must be a clear link between trauma and crime)

Risk-Needs-Responsibility Model (RNR)Risk principle:

what is the likelihood of recidivism? Match officers risk level to level or service received

Risk-Needs-Responsibility Model (RNR)Needs Principle

what risk factors do they present with? Focuses on antisocial values, substance abuse, antisocial peers

Risk-Needs-Responsibility Model (RNR)Responsivity principle

match interventions with specific needs to the offender

Is the case load of probation officers too high, too low, or just right?

too high, avg officer has 51 clients

Reasons why the cases probation officers deal with are a lot of work

\- Complex cases require more time. Energy to effectively design/ implement case plans (ie. high-risk sexual offender with man restrictions where tey can live, work, and go)\- Some offenders that should be on intensive supervision probation but are not so they are more work\- Many have mental health issues\- Many are addicted to substances\- It's a shitty job to have bc its so much work/ it's hard to still care about your clients bc they keep killing themselves/ crap pay

Intake assessment

\- Determine offenders needs/ risks\- Determine security classification based on three factors:\- Idea is that offenders go dowards to lower security institutions throughout their sentence

Three factors used to determine security classification

1\. institutional adjustment: they might keep you separate from rest of offenders for a while in the beginning2\. Escape risk3\. Risk to public if they escape

Things used to make correctional plan

\- Offender accountability, \- offender motivation, \- offender engagement, \- reintegration potential, \- mental health planning, \- offence cycle

Notes from dec 7

Risk Factors

\- variables that increase the likelihood of unwanted behaviour/crime. - eg substance addiction\- tendency to focus only them which is problematic bc it dehumanizes ppl

Protective factors

\- variables that decrease the likelihood of unwanted behaviour/ crime - eg high IQ\- usually considered less- some people have a problem with this

Static risk/ protective factors

\- risk/protective factors that cannot be changed eg. fetal alcohol syndrome, #of convictions\- focussed on more bc they can help predict risk far into the future\- distal casual influence\- effect may dissipate over time

Dynamic Risk/Protective Factors

\- risk/ protective factors that can change over time with maturity, treatment, life-changes - eg. addiction\- focussed on the most when deciding what to treat bc they can actually change\- proximal casual influence

Risk assessment

\- prediction of future behaviour as well as systematic evaluation of offenders needs/ things to target during treatment\- most are designed to predict future risk of violence\- policy makers and organizations like the supreme court support the use of them

Risk Assessment tools are used to decide

1\. pretrial detention decisions2\. sentencing decisions3\. what lvl security prison they should go to4\. sex offender restrictions5\. parole release conditions6\. dangerous offender/ long term offender status

3 methods of risk assessment are, from bad to good

Clinical JudgementActuarialStructured professional judgement

which method of risk assessment is used the most for adult sex offenders

Actuarial (Static-99)

Clinical judgement model

\- Clinician determines the risk lvl of the offender\- No guidelines- clinician just has conversations with the offender\- based off of clinicians impression of the offender

Criticisms to the Clinical judgement model

1\. clinicians dont agree about who is what lvl risk2\. its not accurate at assessing risk lvl3\. clinicians cant say HOW they came to their conclusions

Actuarial judgement model

\- risk is assessed using standardized instruments made with scientific data \- person administering test just has to identify the risk factors the offender has and add them up\- its objective

strengths of the Actuarial judgement model

1\. high agreement in scores between raters (interrater reliability)2\. substantially more accurate than other type3\. easy test to administer

limitations of the Actuarial judgement model

1\. heavy emphasis on static factors2\. heavy emphasis on official measures (convictions, sentences)3\. small amount of risk factors4\. score cant be changes even if there are other relevant risk factors that aren't on the test (someone says their gonna kill someone) 5\. avg accuracy is 75-80% but individual accuracy is 2-98%

Structured Professional Judgment

\- decisions are guided by scientific data\- considers more risk factors than any other type of risk assessment\- based off of official methods and clinical assessment\- more dynamic risk factors are considered than actuarial

guidelines of Structured Professional Judgment

1\. what is the risk being considered2\. highlight risk factors to consider/ how to collect information3\. highlight care risk factors4\. assessor must consider case information

which actuarial risk assessment focusses on general violent- all others focus on sexual violence

VRAG

Static-99

\- actuarial risk assessment used for adult male sex offenders\- considers ten risk factors\- can only be used for convicted offenders\- offenders scores last for 5 years

Risk Categories of static-99 and % likelihood of sexual recidivism in 5 years

low - 5-6%medium low - 9-12%medium high - 26-33%high - 39%

ten items of static 99

1, offender under 25 yrs old2\. lived with intimate partner for 2+ yrs ( ig yes takes away from their risk factor)3\. index offense for non-sexual violent crime4\. prior record for non-sexual violent crime5\. number of prior sex offense convictions6\. number of non-contact sentencing dates7\. any non-contact sex offences8\. any unrelated victims (ppl outside your biological family)9\. any stranger victims10. any male victims

problem with static-99 using official indicatrors

Since all items are based off of official indicators, if the person has committed crime but hasnt been caught they will be classified as low risk even though they are not

Characteristics of ppl who exhibit early OFFICIAL onset sex crimes

\- minority, single, unemployed\- prior non-sexual crime, fewer victims, fewer sex crimes\- victims are adult strangers

characteristics of ppl who exhibit early SELF REPORT onset sex crimes

\- victims are strangers

Avg sentence length for sex offenders

4 years

avg time before sex offenders get caught

7\.5 years- but by then they are likely done sex offending so no crime is actually being prevented

which type of SO avoids getting caught the longest

Ppl with 600+ sex crimes (avg 20 yrs) and are classified as high risk (14%) less than ppl who commit one sex crime (44.2%)

nov 30 lecture

Why do we have a separate system for youth

\- they dont have the biological maturity to fully understand/ control their behaviour

Cognitive factors in dual system model of youth decision making

1\. inductive reasoning (•Hypothesizing potential outcomes based on available evidence)2\. Deductive reasoning (making conclusions using logic)3\. identifying risks and benefits of behaviour

Psychosocial factors in dual system model of youth decision making

1\. individual domain2\. contextual/ situational domain

what is individual domain (Psychosocial factors)

•Sensitivity to reward•Sensitivity to punishment•Emotion Regulation•Self-Control

what is contextual/ situational domain (Psychosocial factors)

•Novelty of situation•Ambiguity of situation•Peer group

how does being young affect individual domain

kids over value rewards and undervalue punishments. they also are a lot more affected by being around peers when making decisons

when do cognitive and psychosocial factors fully mature

cognitive factors- 10 yrs oldpsychosocial- around 25 yrs old

can names of youth offenders be published

not unless they are given an adult sentence

do most youth end up with a criminal record

no- bc they put a lot of effort to keeping youth away from the justice system, and even when youth are convicted and have a record their files are sealed once they become adults

role of parents/ family in YJS (youth justice system)

parents know of actions being taken against their youth, may play a role in interventions, youth can chose to have their parents present during questioning

difference in youth released from custody vs adults

youth are monitored more closely

maximum probation period for youth vs adults

youth - 2 yrsadults - 3 yrs

time in custody youth vs adults

adults - can keep you in custody for your entire life if they wantyouth - can only keep you for 6 yrs (even for homicide)- unless its a homicide with aggravating factors and you are 16-17 yrs old - then they switch you to adult JS

when/ what is the current youth justice system legislation

youth criminal justice act enacted in 2003

Juvenile delinquent act

\- First juvenile justice system in Canada \- developed in 1908\- " social welfare approach" meaning youths are seen as misguided, not criminal\- juvenile justice system is supposed to act as parents to 'help' wayward youth bc it is assumed that their parents werent able to raise them properly\- "Parens Patriae" means parent of the nation\- no actual data that says the youth were committing crime bc of bad parents\- age children are responsible for their actions - 8 yrs\- age ppl go to adult JS - 14-17 yrs depending on province and sometimes gender of offender\- if indictable offence committed child could go through adult JS if judge decided- also means those kids went to adult prison

Juvenile delinquent act defines delinquency as

\- committing behaviours specified within Criminal Code as unlawful\- committing status offences (eg. skipping school, running away, drinking alcohol, sexual behaviour)\- inclusion of status offences made it possible to label kids for mundane reasons- major flaw of the act

Disposition (sentence) options under juvenile delinquent act (punnishments they gave out)

•Adjourn hearing ('do nothing')•Impose a fine (up to $10.00)•Place child in foster home or Children's Aid Society•Probation•Sentence youth to industrial school or reformatory ('sentences' could be indeterminate)•Minimum age for adult court transfer was 14 (judges discretion)

Key Criticisms of the juvenile delinquent act

1\. broad definition of delinquency (status offences)2\. too much judicial discretion - lead to racism and classism in sentencing(eg. adult court transfer)3\. its too strict (opinion of lawyers/police)4\. its not strict enough (opinion of public)5\. no cosistency in what age is considered an adult6\. 8 yrs old is too young to be criminally responsible (not its 12)7\. since they were seen as "wayward kids" and not criminal they didnt have the rights of criminals and could be taken advantage off by saying "it just takes longer for some to get the "help" they need- also meant they were given more indeterminate sentences8\. rising crime rate

Youth offenders act was active from

1984-2003

Youth offenders act guiding principles

1•Youth responsibility (youth regarded as offenders with less responsibility than adults)2•Specific needs of youth3•Protection of society4•Community based solutions5•Legal rights and freedoms6•Proportionality in sentencing7- follows due process

effects of Youth offenders act regarding youth as "offenders"

\- legal rights of offenders applied to youth (due process, the right to appeal decisions, the right to an attorney, the right to a speedy trial, the right to know when their sentence would be over\- youth were supposed to take responsibility for their actions

min and max age of young offenders act

min- 12max - 17

things classified as an offence in young offenders act

youths only prosecuted if they violate the criminal code

key criticisms of young offenders act

1\. no hierarchy in guiding principles (provided no information to judges about which guideline they should emphasize. cant target ALL of the guidelines in a single sentence, so sentences varied between judges bc judges emphasized them differently from eachother2\. public thought it was to lenient (max sentence for murder was 3 yrs)3\. academics though it was too harsh bc canada had 2x higher juvenile detention rate than USA
\- violent offenders had too lenient sentences and non-violent had too harsh of sentences

Youth criminal justice act was enacted in

aug 1, 2003. still used now

Youth criminal justice act guiding principles

•Rehabilitation•Reintegration•Provide meaningful consequences•Incarcerate only the most serious offenders

approaches of youth criminal justice act

approach one - less serious crimeapproach two - moderate severity crimeapproach three- serious crime/ repeat offenders

youth criminal justice act approach one stream one

Extrajudicial Measures are utilized. Extrajudicial refers to actions taken outside of the court system. happen at pre charge or post charge stage
escalating schedule of EJM; (i) Take no further action; (ii) warn the young person; (iii) administer a caution; and, (iv) refer young person to a program/agency.

youth criminal justice act approach one stream two

Extrajudicial Sanctions. These are similar to EJM, but are more serious\- In order to be given an EJS the youth must admit to the wrongdoing and consent to the sanction\- They must choose to admit to the crime, otherwise they will be processed further into the justice system. \- sanction usually involves a restorative justice approach and community service. Failure to satisfy the conditions will result in the youth being processed through the court system\- usually happen at post charge stage

youth criminal justice act approach 2 stream 3

community based sanctions (things like absolute discharge, fines, same as in adult judicial system)\- offenders go through the court system but should not be incarcerated

judicial reprimand

•Verbal reprimand by the judge instead of a sentence•Used typically for first time minor offenders•No criminal record

comminty service order

•Judge orders the youth to perform community service [max of 240hrs]•Must complete it within 12 months•Cannot interfere with the students school or work•Typically given in conjunction with probation

Non-Residential Attendance Order

•Youth is ordered to attend specific programs that are designed to address their needs (e.g., alternative school; counselling)•Cannot exceed 240 hrs and must be completed within 6 months

youth criminal justice act approach 3 stream 4

for youth who have engaged in SERIOUS crimes and/or are REPEAT offenders\- place youth in jail\- short sentences (few months-couple years)

youth criminal justice act approach 3 stream 5

for youth who have engaged in EXTREME crimes and/or are REPEAT offenders
\- place youth in jail\- adult-length sentence. \- serve their time in youth detention and then be transferred to adult court. (not frequently used and is only for extreme crimes (e.g., aggravated rape, homicide). \- if youth is old enough, (17) they can simply be transferred to adult court. If convicted, they would serve time in the youth facility and would be transferred to the adult system later. Any crime that is 'serious' but not 'extreme' would be processed via stream 4.

When are offenders given custodial sentences under the youth criminal justice act

must meet 1 of 4 criteria:•(1) Violent offence•(2) History of administrative offences•(3) non violent Indictable offence + Criminal history•(4) non violent Indictable offence + aggravating circumstances

types of custodial sentences under youth criminal justice act

•Intermittent custody•Custody followed by a conditional supervision order•Custody and supervision order•Deferred custody and supervision order•Intensive rehabilitative custody and supervision order

YCJA custodial sentence; intermittent custody

•Youth is sentenced to custody for no more than 90 days and the sentence may be served intermittently (in chunks), often on weekends•Rarely used bc youth dont have jobs as often as adults- keeping your job is main reason for using it

YCJA custodial sentence; Custody + Conditional supervision order

•Youth serves a custodial sentence and then is supervised in the community for half the time of the custodial sentence (e.g., 6 months in custody, 3 months supervision in community)•Total supervision time cannot exceed 2 yrs\- likely the most common custodial sentence\- at least 1/3rd of the sentence will be served in the community.

YCJA custodial sentence; Custody + supervision order

•Youth serves a custodial sentence•Once released they are then under supervision in community•Total time cannot exceed 3 yrs

YCJA custodial sentence; deferred custody + supervision order

•Youth will serve their custody sentence in the community (e.g., house arrest) under strict monitoring

YCJA custodial sentence; Intensive rehabilitative custody and supervision orders (IRCS)

First portion of sentence is served in intensive rehabilitative custody. Second portion served under conditional supervision in community•Total time cannot exceed 3yrs [exception to this rule if charged with 1st or 2nd degree murder]\- not common as it is reserved for only the most serious offenders or those who have the most serious 'needs

is the YCJA working?

yes, \- large decline in the rate of youth charged by police\- •rate of incarceration has been cut in half.

how does the YCJA treat aboriginal youth?

\- all things being equal, an indigenous young offender should be more likely to receive a lesser sentence than a non-indigenous offender\- designed to reduce the overrepresentation of indigenous youth within the juvenile justice system\- The logic goes: if the state created the initial circumstances that lead to higher group risk (e.g., mental health, single parent families, substance use/abuse), which in turn leads to crime... the justice system should try to avoid further perpetuating the cycle.\- yayyyyyyyyyyy

has the YCJA approach to aboriginal youth offenders worked?

no. boooooooo\# of aboriginal youth in prison has stayed the same but 3 for non-indigenous has gone down- so theres a higher % or aboriginal youth in prison now than before\- might be bc its harder to send aboriginal youth to community based sentences bc many reserves are located in rural provincial regions which do not have access to the same criminal justice/community resources.

•Is YCJA effective in reducing overall youth incarceration?

yes for non- indigenous offenders, no for indigenous offenders (but depends on where in canada for indigenous offenders)
•East Coast has seen reductions in incarceration among indigenous youth•No change in incarceration rates have been observed for 3 provinces: BC, Saskatchewan, Manitoba•However, Saskatchewan and Manitoba also have major issues with indigenous youth gangs

roles of youth probation officers in YCJA

•Required to conduct risk assessments, link clients to community agencies / treatment centers, monitor them when on bail, and monitor their clients progress•Act as a 'communication bridge' between court members (i.e., judges, lawyers, various courts), corrections officials (e.g., officers within the institution), the young persons family, and the young person themselves\- since community based sentences are used more often they are used more often

3 forms of corrections provincial/ territorial jails are responsible for

1\. community corrections (probation)2\. adult custody (ppl on remand, ppl with sentences under two years, ppl waiting to move to federal jail, ppl detained for immigration purposes)3\. juvenile offenders (youth go to jails manages by provincial/ territorial institutions separate form adult jails)

Federal Jails

\-operated by correctional service canada\- CSC is a part of the public safety canada department of gov't\- responsible offenders whos sentences are over two years \- opperate facilities such as halfway houses, penitentiaries, community parole offices, healthcare centere, research, centres, reception/ assessment centers (go there before going to jail)

what are halfway houses

places you go after being released from prison to help you adjust