CC102 Module 3 Key Terms

Diversion

In the criminal justice system, refers to any program, procedure, or practice that partly or entirely deals with criminal activity outside of the formal criminal justice system

Labelling Theory

Focuses on the impact of labels (ex. Criminal, ex-convict, inmate) on individuals and how the stigma that results from some labels can limit prosocial integration 

Stigmatizing Shame

The focus is on the labeling of the individual as deviant, not the act, wherein deviant status becomes master status 

Increases crime and criminal re-offending 

Reintegrative Shame

Involves community disapproval of an act, not the individual, wherein stigma is reduced, and the individual is encouraged to rejoin society 

Reduces crime because it encourages the offender to return to conventional or prosocial society

Probation

A sentence imposed on an offender by a criminal court judge that provides for the supervision of the offender in the community by a probation officer, either as an alternative to incarceration with a period of incarceration

While it is most commonly used as its own sanction, judges often use it in conjunction with other sentencing options to manage an offender’s risk with supervisory conditions 

Mandatory for offenders who receive a conditional discharge, suspended sentence, or an intermittent sentence

Pre-employment training model

Potential applicants must complete several courses (many of which may be offered online), sometimes at their own expense, before being eligible to apply for a position as a probation officer 

Presentence Report (PSR)

Prepared by probation officers on adult offenders who have been convicted 

Are prepared on the request of a sentencing judge; they are not mandatory 

Contains a wealth of information on the offender’s background and offence history, as well as victim impact information and assessments completed by treatment professionals 

For Indigenous offenders, there are special considerations that it must address 

Risk Assessment

A process that evaluates the likelihood of an individual reoffending or posing a threat to the community, used to inform decisions about sentencing, bail, parole, and probation 

Static Risk Factors

Attributes of the offender that predict the likelihood of recidivism but are not amenable to change 

Ex. Criminal history, prior convictions, seriousness of prior offences, performance on previous conditional releases 

Dynamic Risk Factors

Attributes of the offender that can be altered through intervention 

Ex. Level of education, employment skills, addiction issues, cognitive thinking abilities 

Actuarial Risk Assessment

A statistical approach that uses mathematical formulas and data analysis to predict the likelihood of an individual engaging in future criminal behaviour, based on specific, measurable variables and past offender data 

Risk Principle

Correctional interventions are most effective when matches with the offender’s level of risk  

• Ex. Higher-risk offenders benefit from interventions more than medium and low-risk offenders 

Identifies historic items that contributed to the individual's criminality and that cannot be changed 

Ex. Criminal record 

Needs Principle

Correctional interventions should target the criminogenic needs (ex. Dynamic risk factors) of offenders 

The factors in the individual’s life that contributed to their criminal behaviour, but can be changed 

Ex. Education, substance abuse, peer relations, pro-criminal attitudes 

Responsitivity Principle

Correctional interventions (cognitive behavioural treatment programming in particular) should be matched to the learning styles, motivations, strengths, and abilities of individual offenders 

Programs are developed that while recognizing the risks, focus on meeting the needs of the individual 

A program is designed for everyone allowing for the approach that best meets their needs 

Intermediate Sanctions

A term used to describe a wide range of correctional programs that generally fall between probation and incarceration 

Sanctions that have been developed in response to criticisms that the justice system is either too lenient or too harsh on offenders

The purpose is to provide an alternative to incarceration that still allow for increased control and supervision in the community  

In a continuum of sanctions, it is intended to fit in between the use of probation and incarceration 

Intended to incorporate both rehabilitative and punitive aspects 

Continuuam of Sanctions

A range of correctional strategies and punishments, from less to more restrictive, used to address the needs of offenders, victims, and society, with the goal of achieving retribution, deterrence, reform, restoration, and rehabilitation 

Shock Deterrence Programs

An example of an intermediate sanction 

Programs that are typically used with young offenders and aimed at providing a brief but intense glimpse into the criminal justice experience 

The intent is to scare offenders who are still early in their criminal careers or activities into becoming law-abiding citizens 

These methods are largely informed by a rational choice theoretical perspective 

Rational Choice Theory

Offenders are rational decision-makers with free will 

Crime is the result of a decision-making process wherein offenders weigh the potential rewards and costs associated with any activity 

Deterrence strategies should focus on increasing potential costs associated with criminal activity 

Boot Camp Programs

Shock deterrence programs based on a militaristic model wherein the program participants earn privileges and responsibility are subject to drills and strict discipline 

Rarely employed in Canada 

The Venture Academy is one of the few programs found in Canada and it is not necessarily for juvenile delinquents 

Scared Straight

A deterrent or juvenile awareness program in which at-risk youth visit a correctional facility where they are then confronted by inmate volunteers with stories about the realities of prison 

Intensive Supervision Probation

An intermediate sanction that situates itself between traditional probation and incarceration by increasing the conditions and supervision experienced by offenders on probation 

The approach is typically characterized by reducing caseloads for probation officers to allow for more focused supervision of offenders 

Offenders assigned to this program will typically experience more conditions (ex. Curfews, random drug and/or alcohol testing) and face more supervision (ex. Frequent random home or employment visits) 

More “intrusive” nature of this is best-suited for higher-risk offenders

Early programs began to emerge in the US in the 1950s and 1960s and were characterized by a balance between intensive monitoring of offenders with more accessibility to treatment (Serin, Vuong & Briggs, 2003) 

Research on the effectiveness of these programs has been somewhat mixed 

Corrections

The “wide range of policies, programs, and structures that are delivered by governments, non-profit agencies and organizations, and members of the public to punish, treat, and supervise...persons convicted of criminal offences” (Griffiths, 2013, p. 3) 

Includes both community corrections such as probation and parole as well as institutions 

Reform Era

First major era of correctional change 

Offenders were viewed as inherently flawed  

Crime was considered to originate from laziness and/or family instability 

Correctional facilities were structured to be highly authoritarian and paternalistic institutions that focused on reinforcing “appropriate” morality and lifestyle choices with a heavy focus on religious training 

Auburn Model

A correctional system that allowed inmates to interact with another during the day while holding them in individual cells at night 

Pennsylvania Model

Many early American penitentiaries operated according to this 

Inmates were kept separate from one another 

Medical Model

Saw criminal behaviour as the result of diseased or dysfunctional mental processes  

Focus on treatment and services that characterized the era tended to focus on therapy, vocational training, and education 

Reintegration Era

Characterized by the growth in various conditional release options and community correctional facilities that began to focus on social skills development in addition to vocational and educational training   

The Brown Commission

Concerns with the treatment of Kingston Penitentiary led to this 

Examined the conditions in the facility 

Offered harsh criticism of the use of corporal punishment in the penitentiary while emphasizing the need for rehabilitation programs 

Led major correctional changes called the Rehabilitation Era 

Two-Year Rule

The split in correctional jurisdictions where offenders sentenced to two years or longer fall under the jurisdiction of the federal government while offenders sentenced to two years less a day fall under the responsibility of provincial or territorial governments 

The split in jurisdiction has a number of practical implications for the management of offenders 

The most significant implication is the challenge the split poses for providing continuity of rehabilitative services 

• Provincial offenders are simply not in custody long enough to access needed programs 

Detention Centres

House individuals awaiting trial, those serving short sentences, and those awaiting transfer to other facilities 

Also known as provincial correctional facilities 

Treatment Centres

Provides a structured living environment with 24-hour supervision, programming, support systems, and monitoring to address the identified treatment needs (ex. Addictions, mental health) of residents, aiming for safe reintegration into the community 

Also known as a community-based residential facility 

Administrative Sergregation

“a legislative measure to ensure the safety of staff, visitors, and inmates to maintain security” 

Inmates are placed in segregation when they: 

Present a threat to the safety of the institution or an individual 

Interfere with an investigation 

Are at risk 

The practice has fallen under increased scrutiny in Canada in recent years in part due to the Adam Capay Case 

Corrections and Conditional Release Act

Includes provisions for two types of segregation: disciplinary and administrative 

The Correctional Service of Canada

An agency of Public Safety Canada 

It is responsible for offenders who receive a sentence of two or more years 

Operates a variety of facilities, including federal penitentiaries, halfway houses, healing lodges and treatment centres of Indigenous offenders, community parole offices, psychiatric hospitals, reception and assessment centres, health care centres, palliative care units, and an addiction research centre 

Has partnered with non-profit organizations 

Headquartered in Ottawa, has five regions: Atlantic, Quebec, Ontario, Prairie and Pacific 

The National Parole Board

The second federal agency that governs and manages federally sentenced offenders 

Operates external to the CSC  

Responsible for conditional release decisions and the supervision of offenders on conditional release 

Static Security

Fixed security apparatus 

Ex. Security towers or security checkpoints 

Dynamic Security

Approaches to ongoing interactions between staff and inmates adopted by institutions 

Ex. Staff-inmate info sharing 

Total Institutions

Highly structured organizations that control and manage all aspects of daily life that pursue conflicting goals 

• On one hand, correctional facilities house offenders for the purposes of protecting society 

• On the other hand, correctional facilities are expected to provide rehabilitative services to prepare these same offenders to be eventually re-integrated into society 

Classification

The “process by which inmates care is categorized through the use of various assessments instruments to determine the appropriate security level of the inmates” 

Part of the intake process for sentenced offenders, correctional staff will use a variety psychological personality, and behavioural measures to gather information for the purposes of categorizing inmates 

Ex. Decisions will focus on categorizing inmates for the purposes of determining treatment needs and appropriate security level (maximum, medium, minimum) 

Correctional Plan

Sets out the specific treatment needs for each inmate and the corresponding rehabilitative services needed and available 

Ex. An offender with significant problems with substance abuse and employment would be directed to participate in substance use programming and vocational training or educational upgrading 

The extent to which an inmate follows their correctional plan will impact National Parole Board decisions for conditional release applications 

Conditional Release

“the various means of leaving a correction institution prior to warrant whereby an offender is subject to conditions that, if breached, could result in a return to prison” (Griffiths, 2025, p. 420)\ 

“contribute to the maintenance of a just, peaceful, and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens” (Corrections and Conditional Release Act (1992) 

Temporary Absence

A form of conditional release that allows an inmate to leave the correctional facility for brief time periods to participating in employment or educational opportunities, community activities, or family issues 

• Ex. Funeral 

Day Parole

A form of conditional release that allows offenders to slowly transition into the community while residing in a community correctional facility in the evening 

For offenders serving a sentence of two to three years, the eligibility for this commences after serving six months of the prison sentence 

Offenders with a sentence of three years or more may apply six months prior to their eligibility for full parole 

Full Parole

A form of release where the offender serves the remainder of their prison sentence in the community under the supervision of a parole officer while following certain conditions 

Conditions of full parole might include submitting to random drug tests, in-office meetings with parole officers, random visits to a place of employment by the parole officer, or curfews 

Statutory Release

A form of conditional release that is granted to offenders who have served two-thirds of their prison sentence 

This form of release is reserved for those inmates who were denied full parole by the National Parole Board (or did not apply) 

Unlike the other conditional release options, decisions are made by the Correctional Service of Canada, not the National Parole Board 

Youthful Offenders

Statistics for youth come from a variety of sources including Uniform Crime Reports, self-report surveys and victim surveys. Analysis of these allows the following summary statements to be made confidentially.   

• Property crimes are the most common offences in youth behaviour 

• Youth account for less criminal offences than adults 

• Violent offences are less common but attract more attention 

• Murder and sexual assaults are not common amongst youth 

• The rates of both property crime and violence are declining amongst youth 

• The crime rate of female youth is approximately half that of males 

• Male youths tend to be more violent than females 

• Indigenous youth are vastly over-represented in the youth justice system 

Youth Justice Legislation

A review of the literature reveals that youth were often described in negative terms 

• Young immigrants to Canada were lured by the fur trade, and when they were not successful, some resorted to crime in order to survive 

• Others seeking their future in the new world ended up poor and desperate 

Others, born in Canada but with few opportunities, become involved in criminal activity 

• By the mid-1800s, the poor were targeted for allegations of immortality 

• New urban problems of illiteracy, sex trade and addictions were identified 

Various approaches were made to address these problems such as more schools, more clergy and geographical segregation (interestingly at the same time as the origin of Residential Schools for Indigenous youth). 

• This led to the development of legislative systems specifically for youthful criminals 

Early efforts were led by social reformers such as J.J. Kelso (a Toronto newspaper reporter) and W. L. Scott (a lawyer and president of the Ottawa’s Children’s Aid Society) 

Juvenile Delinquents Act

1908 

Took a Child welfare approach, viewing delinquents as “misdirected and misguided” was implemented in 1908 

Those involved served as substitute parents following the doctrine of parens patriae 

The age which is defined as “juvenile” varied between provinces 

Due in part to the costs associated with establishing a separate justice system for youth, it was implemented somewhat inconsistently across Canada 

In addition to offences under the Criminal Code, youth could also be dealt with under status offences 

Governed youth until it was replaced with the Young Offenders Act in 1984 

Young Offenders Act

Came into effect in 1984 

Saw youth as having special needs and guidance but also requiring “supervision, discipline and control” 

Status offences were removed as under the Canadian Charter of Rights and Freedoms, everyone had to be treated equally 

Youth Criminal Justice Act

Stressed: “the protection of the public through crime prevention, rehabilitation and meaningful consequences” 

The term “juvenile” was replaced with “youth” 

This is the current legislation governing youthful offenders and emphasizes the use of restorative justice, reparation, and reintegration 

There is a greater use of diversion from Custody both formally and informally 

There has been a dramatic reduction in youth appearing in court (39.3% between 2003 and 2012) and youth sentenced to custody 

Several amendments to the YCJA were made by the former Conservative government that increased the “tough on crime” approach 

Officially became law in Canada in 2002 

Can be seen as an extension of the YOA 

Goes into more detail identifying the potential “special needs” of young people who come into contact with the criminal justice system than YOA does 

Focuses on the importance of addressing individual needs and taking into account the level of maturity of a child as well as family life before making decisions related to rehabilitation and eventual reintegration back into the community 

“Crosover” Youth

Used in reference to young people who are involved with child protection and the youth justice system 

It has been estimated that somewhere between 40 and 50% of young people who are in formal custody crossed over from child welfare services 

Research from BC found young people who were in the care of provincial social services were more likely to end up in jail than complete high school

Youth with Disabilities

There is a general lack of research on youth with disabilities who come into contact with the justice system 

Research from Alberta found young people with disabilities were held in custody longer because of the lack of appropriate placement options 

Research also suggests, the police often lack the know-how and resources to respond to the unique needs of youth with disabilities 

LGBTQS+ Youth

Research highlights the complex ways young people encounter the justice system 

Ex. LGBTQS2+ youth are more likely to experience homelessness because of rejection at home 

American data suggests youth who identify as LGBTQS2+ are more likely to be stopped by the police 

Indigenous Youth

Indigenous youth, like Indigenous adults are overrepresented in the system 

Indigenous youth represent 7% of the Canadian population but 33% of admissions to youth correctional facilities 

Factors like poverty, exposure to violence as well as exposure to gangs (in some cases) can impact overrepresentation 

Structural factors like colonialism, the residential school legacy and mistreatment by the police are also important factors 

Black and Racialized Youth

Are also overrepresented in youth corrections 

Contributing factors to this overrepresentation include poverty, discrimination, and the over-policing of Black youth in schools and the community 

Ex. The term “school to prison pipeline” is used to describe how biased school policies result in some Black youth coming into contact with the police for breaching disciplinary rules 

Diversionary Measures

Extra-Judicial Measures

Extra-Judicial Sanctions

Extra-Judicial Measures

These methods include allowing the youth to repair damages suffered by the victim 

Under the YCJA legislation, the measures include taking not further action, a warning from the police, caution from the police (this includes some type of formal documentation), a referral from the police to a community group of agency, a crown caution or finally an extrajudicial sanction 

More of an umbrella term used when describing a range of different cautions where warnings are issued by either the police or crown attorney 

Should be viewed as more informal responses and most often take place before or as an alternative to a formal charge

Extra-Judicial Sanctions

Are used when there is belief that extra-judicial measures are not sufficient  

Can include attending specialized programs, compensating victims or volunteering 

Commonly used when a young person has a previous criminal history 

The exact parameters are established by either a crown attorney or justice committee in most provinces and territories