388 Final

studied byStudied by 0 people
0.0(0)
get a hint
hint

conditional discharge

1 / 102

encourage image

There's no tags or description

Looks like no one added any tags here yet for you.

103 Terms

1

conditional discharge

probation up to 3 years with a criminal record that lasts 3 years

New cards
2

absolute discharge

no probation and a record for 1 year

New cards
3

elements of discharge (absolute and conditional)

no criminal conviction

if you have a prior discharge it will show up

not an option for those with a possible sentence of 14 years

needs to be in the best interest of the accused

not contrary to public interestfine

New cards
4

community corrections: fines

can be in addition to or independent from another sanction

only can be imposed if they know the person can pay (unless minimum fines)

money goes to the government

New cards
5

community corrections: restitution

intended to compensate the victim

returning stolen property

New cards
6

victim surcharge

payment to the victim

30% of any fine imposed

if no fine: $100 for summary, $200 for indictment

New cards
7

probation

can serve sentence in the community

can be imposed on its own or in addition to another sanction

max three years

New cards
8

compulsory probation conditions

keep peace and good behaviour

appear before court when required

notify probation officer in advance for any major life changes

New cards
9

what does research on probation tell us

reduces recidivism

allows offender to maintain work and relationships

most conducive to rehabilitation

New cards
10

issues with probation

net widening

over conditioning can lead to incarceration

New cards
11

conditional sentence

jail sentence that they are allowed to serve in the community

need to be sentenced to prison first

report to a probation officer

New cards
12

requirements to be able to participate in conditional sentence

sentence less than 2 years

no mandatory minimum

not a threat to public safety

New cards
13

mandatory conditions for a conditional sentence

keep peace of good behaviour

appear before court when told

report to supervisor when told

remain in the jurisdiction of the court

notify court of any major life changes

New cards
14

purpose of conditional sentence

rehabilitation and punishment

New cards
15

diversion programs

keep offenders from being processed

offender has to acknowledge responsibility for their behaviour

treatment program, community service, and other conditions

New cards
16

are diversion programs good

possible net widening

concerns surrounding coercion and punitive nature

success relies on employment and supportive environment

New cards
17

provincial incarceration

less than 2 years

no distinct levels of security

96% of sentenced population

New cards
18

federal incarceration

more than 2 years

4% of sentenced population

New cards
19

minimum security

can leave during the day

unrestricted movement during the day

no perimeter fencing

New cards
20

medium security

some restriction on movement

low to moderate risk for escape

high security fencing

New cards
21

maximum security

high security fencing

highly controlled and restricted movement

New cards
22

prisoner profile

mass incarceration of indigenous and black individuals

female prisoner population rising

substance use, unstable lives, poverty, etc.

New cards
23

mandala rules

protect the rights of prisoners

prohibit torture and cruel and unusual punishment

protect prisoners from forms of ill treatment

New cards
24

disciplinary segregation

prisoner misconduct, rule infractions

New cards
25

administrative segregation

prisoner management and order

New cards
26

segregation operations

confinement for 22-24 hours a day

no meaningful conduct

no access to programming or privileges

sensory deprivation

New cards
27

Segregation and Human rights

against mandala rules and Canadian rights and freedoms

substantial harm to prisoners (psychological disturbances)

Bill C-83: regulations to help improve segregation conditions (not realistically implumented)

New cards
28

Prisoner Healthcare

don’t have good access to any type of health care

have to choose between privileges and necessities or healthcare

medication is not properly and reliably given

substance use (unsafe)

sexual health issues (STIs and no prenatal care)

New cards
29

Inmate code

expected system of behaviours and rules

ex: don’t trust guards, don’t start fights, etc

New cards
30

prisonization

enculturation into the prison culture

  • further criminalizes individuals

New cards
31

institutionalization

being so engrained in the prison culture that they don’t know how to function in general society

  • often due to being in prison for a long time at a young age

New cards
32

correctional officers: moral authority

relationship with prisoners

New cards
33

correctional officers: legal authority

upholding laws

New cards
34

correctional officer subculture

inappropriate/criminal behaviour

protect staff

code of silence

New cards
35

CO abuse of power

minorities disproportionately impacted

human rights violations

too much discretion

New cards
36

complaints procedures in prisons

long wait time

fear of punishment

unclear procedure

told to file internally

not good access to forms

New cards
37

prison work

not paid well

not many programs available

not generating profits so cut despite them being successful

New cards
38

risk assessment

designed to indentify those who are most likely to reoffend upon release is no treatment were to occur

New cards
39

static risk factors

things about the offender that can’t be changed

  • criminal history, performance on past release, seriousness of past offence, etc

New cards
40

dynamic risk factors

things about the offender that can be changed through intervention

  • education, training, addiction, attitudes and motivations, etc.

New cards
41

temporary absence

let out due to special circumstances for max 60 days

can get it at the start of sentence (escorted) and at 1/6 mark (unescorted)

New cards
42

fixed sentence vs indeterminate sentence

actual end to their sentence vs no real end date

New cards
43

day parole

6 months before 1/3

New cards
44

full parole

1/3

New cards
45

statuatory release

2/3

New cards
46

criteria for parole

  1. confident the offender won’t reoffend before warrant expiry

  2. have to feel that this will facilitate community through prisoner reintegration

New cards
47

proponents of parole (theoretical and practical)

fundamental for public protection

gradual supervised release will provide support and control that facilitates successful reintegration

more successful than statutory release

parole is shown to be successful at rehabilitation

New cards
48

opponents of parole

making prison sentences variable and unpredictable

not following principle of proportionality

most common re-incarceration is breaching conditions

parole board doesn’t make the best decisions

not focused on general rehabilitation but reoffending till warrant expiry

New cards
49

what is contributing to the withering use of parole

political motives

tough on crime attitudes from the government

prisons are deemed necessary

risk aversive culture

media

prioritize warrant expiry period

New cards
50

what does research tell us about parole

most common is breach of condition

90% success day parole

87% full parole

most violent offenders don’t violently reoffend

of those who committed a homicide that are released, 0.31% commit another homicide

New cards
51

issues with the parole board

lack of diversity of members

risk aversive

make decisions based on public interest

don’t know outcomes of their decisions

not required to have any legal background

New cards
52

pains of imprisonment (5)

deprivation of liberty

deprivation of goods and services

deprivation of security

deprivation of heterosexual relationships

deprivation of autonomy

New cards
53

collateral consequences of imprisonment (6)

social isolation

social consequences

stigma

health consequences

mental health issues

economic damage

New cards
54

re-entry barriers (5) *most important

identity

transportation

benefits/social assistance

housing*

employment*

New cards
55

revolving door of incarceration

cycle that incarceration leads to barriers and barriers lead to incarceration (2 main barriers being housing and employment)

New cards
56

post incarceration policies

suspicion results from stigma which leads to continual punishment of those who have completed their sentence

New cards
57

principle of less eligibility

‘criminals’ are deemed to be less worthy of resources

New cards
58

community housing policies

lack of community housing in Ontario

government created community housing renewal strategy which excluded criminals from being able to access community housing

frames them as non deserving (principle of less eligibility)

impacts their family

contributes to revolving door of incarceration

New cards
59

what is the penal voluntary sector

non profit NGOs

penal reform advocates

government offloading programming to those organizations

mostly state funded

New cards
60

Bail Verification Supervision Program

bail supervisor works with crown to determine who to supervise

develop rehabilitation plan

need to be guilty

meet weekly

attend all treatment deemed necessary

avg of 10 conditions

New cards
61

BVSP program outcomes

most people fail out of the program (64%)

  • failure to appear, re-offend, or violate conditions

of those that stay a decent amount get charges dropped

New cards
62

Miller Research on PVS and Reentry

interventions focused on psychological, cognitive and social skills

see an overlap between punishment and social well-fare

carceral devolution

  • shift in location or rehabilitation services to the community

  • shift to trying to change the person not barriers

New cards
63

PVS as Punishment’s Twin

reentry program

  • overlooks structural barriers

  • grounded in idea that criminals are inherently different

shadow carceral state: less visible penal development that expands carceral power

New cards
64

BVSP: duality of conception

net widening

  • more clients they supervise the more money they get

  • more supervision and CJS power

agency + resistance

New cards
65

Factual Innocence vs Legal Innocence

factual: they never actually committed the offence

legal: procedural error that violates the rights of the convicted person

New cards
66

false eyewitness identification

leading cause of wrongful conviction

people + jurors think that eye witnesses are reliable

many factors that decrease your reliability to remember (stress, trauma, lighting, distance, cross race effect)

New cards
67

police misconduct

noble cause corruption

  • moral commitment to catch the bad guy

  • do bad things b/c they think the outcome will be good

tunnel vision

  • confirmation bias

  • look for things that confirm their hypothesis

  • leading questions

New cards
68

prosecutor misconduct

tunnel vision

pressure to obtain and prosecute convictions

over charging

misconduct (charge based on who they think someone is not what they did and what evidence tells us)

New cards
69

defense misconduct

ineffective assistance of counsel

make most decisions on behalf of accused

New cards
70

judiciary misconduct

tunnel vision

rule of inadmissible evidence

New cards
71

jury misconduct

are they really reliable and competent

New cards
72

fase confessions

reid technique

  • police are aggressive and presume guilt

  • trying to get a confession

Mr.Big Sting

  • subject slowly enticed to join a fake criminal organization

  • has to confess to all prior crimes to join

Suggestibility

  • lead person to think their best case scenario is if they confess

New cards
73

plea bargaining

incentive for lesser charge

people plea for offences they don’t commit

New cards
74

jail house informants

benefit in exchange or information

judge and defence don’t know that the incentive is given to the person in jail

New cards
75

false and misleading confessions

distort fact finding process

lack of impartiality

New cards
76

forensic science errors

junk science

people will believe it even if they shouldn’t

New cards
77

racism and SES and wrongful convictions

indigenous and poor individuals higher rate of wrongful conviction than non-indigenous and non-poor people

New cards
78

costs of wrongful convictions

costly, no justice, guilty person goes free, innocent incarcerated, how do you really compensate someone, decreased public confidence

New cards
79

Case Study: Donald Marshall Jr

racial bias in the justice system

police failed to search area and question witnesses

  • tunnel vision

crown failed to follow up on contradictory statements

defence failed to interview crown witnesses

pressure interview techniques

New cards
80

Case Study: Dr Charles Smith

autopsies of 40 children

didn’t realize he wasn’t supposed to just say what the prosecution wanted him to say

said ones that were accidents were on purpose

over stated knowledge

New cards
81

unfit to stand trial: requirements

can’t understand court proceedings

can’t understand charges or legal matters

can’t communicate their opinion related to the case

New cards
82

unfit to stand trial: fitness assessment

judge requests psychiatrist, present their findings, judge puts trial on hold

have to be better in 60 days

least invasive treatment

New cards
83

not criminally responsible

criminal defence, no mens rea

can’t be reversed

absolute or conditional discharge

or release to custody discharge (psychiatric facility)

recidivism extremely low

New cards
84

drug treatment court

problem solving court

judicially supervised treatment

bail with conditions:

  • court appearances

  • counselling/treatment

  • random drug testing

    • other specific conditions

New cards
85

drug treatment court: does it work

decrease in drug use

decrease in recidivism

general positive effect

New cards
86

drug treatment court: critiques

coercive

must plead guilty

resource intensive

shift location of punishment

lots of conditions

only available to non-violent offenders

New cards
87

Royal Commission on Aboriginal People (1996)

investigate relationship b/c indigenous people, the government and the general public

suggestion: 440 total

  • indigenous government

  • indigenous universities

  • indigenous child welfare system

nothing happened

New cards
88

Truth and Reconciliation Commission

collected church and government documents

allowed survivors to tell their stories

issues

  • commissioners quit

  • government and churches not cooperating

residential schools labeled as cultural genocide

recommendations

  • investigate missing and murdered indigenous women and children

  • improve indigenous healthcare

  • improve indigenous access to post secondary

  • commitment to decreasing indigenous overrepresentation in CJS

no change

New cards
89

Criminal Code S 718.2(E)

consider alternatives to incarceration for indigenous people

pay attention to circumstances of indigenous offenders

judge must consider background of indigenous offenders

New cards
90

R v Gladue

  1. background factors

  • colonialism and its effects

  1. sentencing procedures consider indigenous status

  • tailor sentence to indigenous practices

New cards
91

Gladue Courts

specialize in indigenous cases (have to plead guilty)

indigenous bail supervisor

eagle feathers for swearing-in

smudging ceremonies

outcomes

  • success with rehabilitation programs

New cards
92

healing lodges

alternative correction

elder provide services and ceremonies

spiritual

community interaction

preparation for release

over classification into max is a barrier to access

New cards
93

Policing and the Pandemic

radicalized and poor individuals disproportionately impacted

race effect

New cards
94

the courts and the pandemic

didn’t want to shift to virtual

backlog of cases (trials impacted the most)

presumtive ceiling (case has to be dropped if unreasonable time)

New cards
95

Virtual Courts: Access to Justice

digital divide

limited access to counsel

privacy concerns

accused as dependents

open court principle

New cards
96

Bill S4 (virtual courts: who can access)

preliminary hearings

sentencing hearing

plea court

New cards
97

incarceration and covid

high rates of covid

increased use of segregation

no way to social distance

health issues exacerbated

New cards
98

prison reform

improvements to uphold human rights

better support for marginalized communities

treatment focus

changes to the current system

New cards
99

prison abolition

whole new system

restorative justice

not possible to make prisons more humane

New cards
100

3 steps to prison abolition

moratorium (no new prisons)

de-carceration (get people out of prisons)

ex-carceration (decriminalization of things, address societal causes of crime)

New cards

Explore top notes

note Note
studied byStudied by 9 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 10 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 10 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 13 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 29754 people
Updated ... ago
4.8 Stars(95)

Explore top flashcards

flashcards Flashcard46 terms
studied byStudied by 20 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard158 terms
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard31 terms
studied byStudied by 15 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard200 terms
studied byStudied by 1 person
Updated ... ago
5.0 Stars(1)
flashcards Flashcard56 terms
studied byStudied by 74 people
Updated ... ago
4.5 Stars(2)
flashcards Flashcard41 terms
studied byStudied by 27 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard31 terms
studied byStudied by 23 people
Updated ... ago
5.0 Stars(3)
flashcards Flashcard57 terms
studied byStudied by 28 people
Updated ... ago
5.0 Stars(1)