FINAL EXAM

indeterminate sentences

no warrant expiry. Supervision continues until death.

conditional release

The release of an inmate from prison to community supervision with a set of conditions for remaining on parole

what is conditional release intended to do?

reduce recidivism by addressing risks and needs (RNR Model)

Is conditional release reintegration sudden?

No, it is gradual. transition them down through the security levels until release.

what is another word for gradual reintegration?

cascading

Do sentences by judges determine how a sentence must be served?

No. They do no specify how the sentenced will be served. (ex. How much time v. how much time in the community.

can conditional release be revoked at any time?

Yes

what are the tree types of conditional release?

1. temporary absences2. parole3. statutory release

do longer prison sentences increase the risk of recidivism?

Yup

what three problems are reduced by the use of temporary absences?

1. the likelihood of unemployment on release2. the violation of conditions once released3. recidivism rates

what are the two types of temporary absences?

escorted or unescorted

escorted temporary absences (ETAs)

- available on admission to an institution (right away)- the inmate is escorted into the community for a limited time

Unescorted temporary absence (UTAs)

- A privilege that has to be earned (not available upon admission).- the offender is released and there is an agreement that they will be back by a specific time- can apply for work release

T or F: the more absences an offender receives the less likely they are to have negative outcomes in the community.

True

Day parole

conditional absence from custody during the day only. The inmate has to return to the institution or a halfway house at night.

Full Parole

conditional release from custody after serving one-third of a sentence.

what do inmates call parole hearings?

kangaroo court

how do crime control oriented people view parole?

As being soft on crime

administrative tribunals is another name for what?

parole hearings

what is the \#1 consideration of parole boards?

protection of society

Day parole success rates

90%

Full parole success rates

75%

What must inmates include in their plan for release to show the parole board?

- employment- treatment- residence

faint hope clause

Allows lifers to apply for a judicial review ofthe sentence after 15 years. Jury may grant right to apply for parole earlier and denial may be appealed to the supreme court. This is no longer available for anyone who committed offences after dec 2, 2011.

Statutory Release

The release of offenders from prison after they have served two-thirds of their sentence

do lifers and people serving indeterminate sentences have access to statutory release?

No, because we would not be able to calculate the 2/3 time.

Ouimet Committee's Report (1969)

concerned that the highest risk offenders were being released into the community without any supervision. So, they recommended that every person would be under some for of supervision after release. This started stat releases. Replaced remission

remission

inmates could earn a reduction of up to 1/3 of their sentence. They were released free and clear with no conditions. This still exists for prov but not fed. This idea was replaced with statutory release.

is remission a form of conditional release?

no, it is a reduction in the sentence.

Is statutory release based on a parole boards decision?

No, it is an automatic release

Can CSC deny an offender statutory release?

No, but they can recommend that an offender be denied stat release. In this case, the parole board would make a decision.

Detention during the period of stat release

When CSC has recommended a person not be released and the parole board continues their detention. The inmates case will be reviewed yearly after the continued sentence.

can inamtes waive their rate to stat release?

Yes, they can choose to remain incarcerated.

Stat release success rates

60-65%.
the success rates are worse than day and full parole.

Have Canadians ever been executed in USA?

Yes

What is the belief of capital punishment

you should lose your life and suffer because of the crime you committed

Who has the death penalty?

27 states, the military, and the federal government. BUT they chose not to use it

How many executions on the peak year (1999)

99

When was the death penalty abolished?

1976

who abolished the death penalty?

enlightened politicians

clemency

mercy; lenience. The Canadian gov't used to seek this for citizens who were sentenced to death elsewhere automatically. Now they will only do it on a case-by-case basis.

arguments to keep capital punishment (5)

1. only proportionate punishment for murder2. general deterrence3. more humane than a life sentence4. cost-effective5. protects against re-offending

what does a retentionist think about capital punishment

keep it

what does an abolotionist think about capital punishment

get rid of it

arguments to get rid of capital punishment (8)

1. human life is sacred2. no evidence of general deterrence3. impossible to determine whether its more humane than a life sentence4. no evidence of cost-effectiveness5. precludes rehabilitation6. injures the criminal justice system7. innocent people may die8. class and race bias

Do wrongful convictions occur because of a single mistake?

No, they are are a result of the intersection of multiple factors. Individual and systemic factors

what is the single most important factor leading to wrongful convictions?

eyewitness testimony

why is eyewitness testimony the leading cause of wrongful convictions?

- normal deficiencies in perception and memory- suggestive police interviewing- malleability of confidence- unconscious transference

unconscious transference

the tendency of eyewitnesses to misidentify a familiar (but innocent) face as belonging to the person responsible for a crime. Ex, identify your dry cleaner as the robber

erroneous forensic evidence

can be unintentional (evidence was accidentally improperly handed) or intentional (manufactured evidence).

false confessions

people will admit guilt for things they did not do. This can often be linked to police interrogation techniques

jailhouse informants

inmate awaiting trial or sentence who supplied information about another suspect. Controversial and problematic due to the deceiving nature of the informant. Greatly weighted in court.

causes of wrongful convictions (6)

1. eyewitness error2. erroneous forensic evidence3. false confessions4. jailhouse informants5. professional and institutional misconduct6. race and class bias

Effects of wrongful convictions (5)

1. loss of freedom/ family2. impact on identity3. difficulties created by resistance4. impacts on family5. impact on society/ system

state responses to wrongful conviction

1. conviction review2. commissions on inquiry3. compensation

Are state responses to wrongful convictions automatic?

No, none of them

Conviction review

those who maintain they have been wrongfully convicted can request a review of their case. The CCRG conducts the review and then the minister of justice makes the final decision. Not common

AIDWYC

Association in defence of the wrongfully convicted. Now called "innocence Canada". They will take on pro bono cases and assist people with their conviction reviews

Commission of Inquiry

impartial and conscientious investigations. Their report contains the facts and their recommendations. It is not binding

compensation

can be awarded to people wrongfully convicted for pain and suffering. Could also be awarded to family members

What is the AIDWYC dual mandate

to prevent and rectify wrongful convictions

What three criteria do people need to have a conviction review?

1. it is considered to be an extraordinary measure2. must have exercised all rights of appeal3. there must be new matters that were not previously considered by the courts or that arose after appeals.

What 4 options can the minister take after a conviction review?

1. decline to make a remedy2. order a new trial or hearing3. order a new appeal proceeding4. refer any questions to court of appeal for its opinion
*minister does NOT make findings of guilt or innocence

Is more harm caused by street crime or corporate crime?

Corporate

White Collar Crime

crime committed by people of high social position in the course of their occupations

two types of white collar crime

occupational and corporate

occupational crime

committed for personal gain by individuals.
ex. a lawyer who overcharges clients

Corporate crime (Organizational crime)

Committed with the support and encouragement of a formal organization and intended, at least in part, to advance the goals of that organization
ex. don't recall items you know are bad because a lawsuit would be better than recalling it.

two types of corporate crime

1. financial: price-fixing, insider trading2. social: harm to employees, harm to the environment

executive disengagement

employees do not inform superiors of certain actions, so superiors cannot be held responsible

Are corporations characterized by a criminogenic structure?

Yes, their primary goal is profit. They are organized in ways that promote crime and deviance. Anything is legitimate in the pursuit of profit, even crime.

T or F: A lot of corporate crimes are framed as accidents. Bad luck rather than crimes

True

Is corporate crime a matter of criminal or regulatory law?

Regulatory

Regulatory law and corporate crime

1. uses persuasion and education to ensure compliance2. punishment is a last resort3. regulatory agencies are under-resourced4. corporations influence regulatory law and regulators

limited liability

A form of business ownership in which the owners are liable only up to the amount of their individual investments.The corporation itself is seen as a legal person (ie. it can sue and be sued).

Identification doctrine

Corporations treated as separate legal entities. The state can assign criminal responsibility to a corporation by equating mens rea (criminal intent) of the employee with that of the company.

Directing Mind

An individual who exercises decision making authority in matters of corporate policy

Bill C-45 (Westray Bill)

created a legal duty for officials to take reasonable steps to ensure the safety of workers and the public. it attributes criminal responsibility to an organization if a senior officer knew, or OUGHT to have known, about the offense.

Strict Liability

The legal responsibility for damage or injury even if you are not negligent

mala prohibita

A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves. this is used in corporate crime

victimology

consideration of victims needs and interests

Support available to victims (5)

- victim compensation- restitution- access to counselling- testimonial aids- help with victim impact statements

5 rights available to all victims (listed in the Canadian victims bill of rights)

- right to info- right to protection- right to participation- right to restitution- right to a complaints process

right to info

- biggest problem identified by victims- general info about CJS- info about resources- info about their case (have to ask for this)- a recent photo of the offender

right to protection

- protection from intimidation and retaliation- right to privacy (can request that the court not disclose their identity)- can request testimony aids and have someone with them when they testify

right to participation

Victims' perspectives need to be considered. This does NOT mean they have the right to be in the discussion or make sentencing recommendations

right to restitution

they have the right to SEEK restitution. There is NO guarantee they will get it

right to complaint process

they have the right to a grievance process if they feel any of there other victim rights were infringed upon.

Retributive Justice

a system of criminal justice based on the punishment of offenders rather than on rehabilitation.

restorative justice

punishment designed to repair the damage done to the victim and community by an offender's criminal act

when can restorative justice happen?

At any point in the criminal justice system

Do men and women report similar rates of DV?

Yes

T or F: Women are more likely to suffer injuries and report that the violence caused them to fear their lives.

True

three phase cycle of intimate terrorism

1. Tension builds stage2. abuse takes place stage3. Honeymoon stage

3 main types of domestic violence

1. common couple violence2. intimate terrorism3. violent resistance

common couple violence

- during conflict, one partner lashes out at the other- equally common in males and females- it does not get worse over time

Intimate terrorism

- one partner exerts control over the other- the violence becomes more frequent and severe over time- abuser is more likely to be the male partner

Tension builds stage

insults, criticisms, and verbal abuse that eventually lead to abuse

abuse takes place stage

Once the abuser becomes violent they feel a reduction in the tension that builds up and this reinforces the violence. The victim may provoke the violence because it allows them to get it over with on their terms.

honeymoon stage

Abuser- may bring gifts, show kindness, apologize, and promise it won't happen againVictim- believes abuse is over, stays in the relationship
overtime as the violence becomes more severe the honeymoon phase shrinks in length and eventually disappears.