Week 19 - the Limitations of Punishment and Prisoners Rights

(a) carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and

(b) assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.

•The CCRA (1992, @3) states that the purpose of the correctional system is  to “contribute to the maintenance of a just, peaceful and safe society by

The Charter of Rights and Freedoms section 7

prisoners have the rights to - Life, liberty and security of person

The Charter of Rights and Freedoms section 12

prisoners have the rights to - Treatment or punishment

The Charter of Rights and Freedoms section 15

prisoners have the rights to - Equality before and under the law and equal protection and benefit of the law

Limited, restricted, and context specific

The rights and freedoms outlined in the Charter are not absolute they can be

Resocialization

the process of re-learning social norms, behaviors, and interactions after prolonged isolation, helping individuals reintegrate into society or general prison populations.

Bureaucratization of control

the process where systems of authority and control become increasingly structured, formalized, and impersonal, with decision-making guided by standardized rules and procedures rather than personal judgment.

Disciplinary Segregation

focuses on separating individuals based on behavior or misconduct to maintain control or discipline, often in institutions like prisons.

•Serious disciplinary offences

•Upwards of 30 days

Administrative segregation

involves isolating individuals for administrative reasons, such as security concerns or the need to protect others, rather than based on behavior or misconduct. Both involve separation, but the rationale and purpose behind each differ.

•voluntary or involuntary

•Not considered punishment

•Three grounds….

Dry Cell

cell without plumbing or access to water, typically used to isolate inmates suspected of hiding contraband inside their bodies.

Necropolitics

various ways in which, in our contemporary world, weapons are deployed in the interest of maximum destruction of persons and the creation of death-worlds, new and unique forms of social existence in which vast populations are subjected to conditions of life conferring upon them the status of living dead

Bill C-83

•replaced/eliminated administrative segregation* with “structured intervention units” (SIU) to better align prisoners’ experiences with the Charter

Forward Panic

the use of force must be bureaucratically governed by rules and procedures