Criminal Law: Sentencing

correctional services

an offender who goes to prison comes under the jurisdiction of provincial or federal correctional services

• offenders sentenced to terms of <2 years serve time in provincial jails, and those with longer sentences serve time in federal penitentiaries

responsibilities of a correctional service

• incarcerating all offenders

• processing parole applications

• running probation services

inmates in provincial institutions serve times in which type of facilities?

1. closed custody

2. open custody

3. community correctional services

closed custody

most secure form of detention in a prison, under constant guard

• reserved for offenders who are dangerous, likely to escape/hard to manage

open custody

supervised detention that allows some supervised access to the community, usually in the form of work

3 levels of federal prison facility

1. maximum security (those convicted of 1st/2nd degree murder have to serve at least 2 yrs here before moving to a lower security one)

2. medium security

3. minimum security

how are offenders assigned to institutions?

• assessed after sentencing to determine lvl of risk/need for rehabilitation

• selecting an institution based on the type of crime offended

• officials assess the risk of escape

• availability of rehabilitation programs in particular institutions is evaluated

• location of the offender’s family is considered (authorities try to place offenders where they will have contact with their own culture and language)

community correctional facility

centres that offer less security than minimum-security prisons

• inmates can work/go to school every day and return to the correctional facility at night

parole

the release of an inmate back into the community before the full sentence is served

goal of conditional release

• to allow offenders to return to society under supervision - prepares them for the time when they will be released unsupervised

• provides incentives for good behaviour

conditional release

• often called “house arrest” (it’s a type of conditional sentence)

• offenders get out of prison and serve the rest of their sentence in the community while under supervision

MAIN CONSIDERATION: safety of the public

types of conditional release

escorted absences, unescorted absences, day parole, full parole, statutory

day parole

• releasing the offender during the day, but they must return to the institution each night

• allows offenders to go to work or school to prepare for full parole or statutory release

• an inmate serving a life sentence is eligible for day parole three years before full parole eligibility

statutory release

form of conditional release in canada where most federal inmates are automaticaly released after serving 2/3 of their sentence, unless they pose a serious threat to the public

• supervised in the community for the remainder of their sentence, must follow specific conditions

• is automatic but can be denied if the person is high risk

reasons for temporary absences

• rehab programs

• obtain medical treatment

• attend significant family events

full parole

an offender’s complete release from custody into the community under specific conditions and supervision

• happens when they have served a min. amt of their sentence, usually 1/3 of the sentence or 7 years, whichever is less

when is the date for a review for full parole set?

automatically set the beginning of the offender’s incarceration

questions to consider during a parole review

• what efforts at reform has the offender made in prison?

• what are the results of a personality assessment?

• has the offender received/benefitted from treatment?

• do they understand the nature and seriousness of the offense?

• does the offender have a place to live following release?

• do they have any job prospects?

faint hope clause

allows some inmates serving life sentences to apply for full parole eligibility after 15 yrs, instead of the full 25 years.

difference between escorted and unescorted absences

Unescorted absences allow the offender to leave without supervision, if approved.

Escorted absences involve supervision.

accelerated review

fast-tracked parole review process for certain federal offenders who are first-time, non-violent offenders and have shown good behavior in custody.

If eligible, their case may be reviewed earlier than normal because they are presumed to be low risk for reoffending, unless there is evidence to suggest otherwise.

This process is part of making the parole system more efficient for low-risk cases.

what’s a pardon (record suspension)?

official recognition that a person has completed their sentence and shown they are law-abiding.
It removes a criminal record from public databases, but does not erase the conviction.

restorative justice

approach to justice that focuses on repairing harm caused by crime.
It involves the offender, victim, and community in a process that encourages accountability, healing, and resolution outside of traditional punishment.

What are the purposes of restorative justice programs?

To repair harm caused by crime, promote offender accountability, involve victims and the community in the justice process, and support rehabilitation and reintegration of the offender

How do victims of crime play a role in restorative justice, and how can they benefit?

can share their experiences, ask questions, and express the impact of the crime.
They may benefit through emotional closure, a sense of justice, and empowerment from being heard

What criticisms have been made of restorative justice programs?

it may minimize serious crimes, pressure victims to forgive, lack consistency, and let offenders avoid full punishment

How do restorative justice programs seem to be in conflict with victims' groups?

Some victims’ groups feel restorative justice puts too much focus on offenders’ rehabilitation and not enough on punishment or victims’ rights, possibly leaving victims feeling overlooked or unsupported