Studied by 103 people
As taught by Chris Hay and taken from his textbook: Criminology in Canada
A system of justice based on the punishment of offenders far more than the rehabilitation of offenders. Canada’s current model of justice wherein those who break the law must serve a punishment.
Victim is the state, who’s role is to report the crime and give evidence
Community has no role and focuses primarily on the past
Guilt is absolute and permanent
A problematic concept based on punishment: to impose harm in response to harm done is revenge, not resolution; difficult to distinguish from vengeance
morally impractical
practically immoral
focus on the past
employ strict standards of law
focus on punishment to deter and correct offending behaviour
little regard for victims/community
often fail in pursuit of their goals
racial minorities are overrepresented in the system
Serve to enforce the law. Its effectiveness is hard to measure. They may…
release the individual
issue a warning
release custody of an adult/refer to a program if youth
question the person
lay charges
given PTA in court or remanded into custody
A correctional stream allowing individuals to complete their sentences in the community. Can either serve their entire sentence in community (through community work/probation term), or will serve at least 1/3 of their sentence in the community following incarceration
must report to a probation/parole officer regularly
more autonomy and responsibility for individual - less responsibility for government
A correctional stream that removes individuals from the community for a term of incarceration (prisons)
responsibility if significant
provides lodging, food, programming, medical services, mental health services
Preventing crimes before they have been committed; the ideal approach to crime as it mitigates the potential for…
victimization
traumatization
drain of resources
Saves significant costs to society over lifetime of individual (up to $2 million)
Some of the most prevalent and pressing social issues in Canada
low-socioeconomic status
drug/alcohol abuse
traumatization
victimization
poor mental health
negative family
peer influence
low education
lack of employment
colonial/intergenerational trauma
Deals with crimes that are likely to occur sometime in the near future based on previous crime data
policing efforts do not address root cause of crime; causes crime to relocate
Two Key Elements:
Approaches a crime that is anticipated to occur to stop it as it happens or immediately apprehending individuals when crime occurs
True approach is to create healthier families, safer environments, enriched school systems, etc. to deal with root causes of crime
Approaches low-level offenders and prevents them from escalating to more severe crime (through alternative or restorative justice practices)
participation only occurs once a crime has been committed and perpetrator is directed to program
Sanction set out by the court to make the offender pay for the crimes he/she has committed; offender will pay for what they have done
has little impact as an initial deterrent for crime
public misunderstands crime - politicians have no choice but to align policy with interests of their voters (ex: creations of mandatory minimum sentencing)
may harm more than it helps (ex: contributes to traumatization and institutionalization)
Also includes alternative justice; A system of justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large; harm caused by the offence is addressed
gives offender time to make amends with the victim and right the wrong committed
victims are individual/community, where restoration of victim is encouraged
focuses on the present/future
guilt is removable (NOT permanent) once full reparations are made
goal is to repair harm to the victim/community and change offender behaviour
Also lowers costs associated with incarceration and gives victims a sense of justice, and fair treatment to offenders
crime is not a crime against the state but a violation of one person by another
A holistic rehabilitation method used by nations around the world and one that focuses less on punishment and more on rehabilitation and reintegration; a highly individualized and rigorous rehab process
very restorative justice model centered around human rights to dealing with crime
focuses on building offenders’ strengths to rehabilitate them (offenders become the best versions of themselves and are given the tools needed to achieve what is important to them)
recognizes offending is a product of trying to obtain a goal that they lack the means for
Fails to address primary goods that should be of value
Use of inappropriate methods to achieve a primary good
Disconnect between primary and secondary goods
Inability to achieve primary goods because of lack of ability or resources
Aims to manage the risk of offenders by applying intervention and programming based on that risk; the Canadian approach
a theory based form of rehab and is based on social psychology
3 Core Principles:
Risk Principle: match the level of service to the offender’s risk to re-offend
Need Principle: assess criminogenic needs and target them in treatment
Responsivity Principle: maximize the offender’s ability to learn from a rehab intervention by providing cognitive behaviourial treatment and tailoring the intervention to the learning style, motivation, abilities, and strengths of the offender
