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conditional discharge
probation up to 3 years with a criminal record that lasts 3 years
absolute discharge
no probation and a record for 1 year
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
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
community corrections: restitution
intended to compensate the victim
returning stolen property
victim surcharge
payment to the victim
30% of any fine imposed
if no fine: $100 for summary, $200 for indictment
probation
can serve sentence in the community
can be imposed on its own or in addition to another sanction
max three years
compulsory probation conditions
keep peace and good behaviour
appear before court when required
notify probation officer in advance for any major life changes
what does research on probation tell us
reduces recidivism
allows offender to maintain work and relationships
most conducive to rehabilitation
issues with probation
net widening
over conditioning can lead to incarceration
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
requirements to be able to participate in conditional sentence
sentence less than 2 years
no mandatory minimum
not a threat to public safety
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
purpose of conditional sentence
rehabilitation and punishment
diversion programs
keep offenders from being processed
offender has to acknowledge responsibility for their behaviour
treatment program, community service, and other conditions
are diversion programs good
possible net widening
concerns surrounding coercion and punitive nature
success relies on employment and supportive environment
provincial incarceration
less than 2 years
no distinct levels of security
96% of sentenced population
federal incarceration
more than 2 years
4% of sentenced population
minimum security
can leave during the day
unrestricted movement during the day
no perimeter fencing
medium security
some restriction on movement
low to moderate risk for escape
high security fencing
maximum security
high security fencing
highly controlled and restricted movement
prisoner profile
mass incarceration of indigenous and black individuals
female prisoner population rising
substance use, unstable lives, poverty, etc.
mandala rules
protect the rights of prisoners
prohibit torture and cruel and unusual punishment
protect prisoners from forms of ill treatment
disciplinary segregation
prisoner misconduct, rule infractions
administrative segregation
prisoner management and order
segregation operations
confinement for 22-24 hours a day
no meaningful conduct
no access to programming or privileges
sensory deprivation
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)
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)
Inmate code
expected system of behaviours and rules
ex: don’t trust guards, don’t start fights, etc
prisonization
enculturation into the prison culture
further criminalizes individuals
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
correctional officers: moral authority
relationship with prisoners
correctional officers: legal authority
upholding laws
correctional officer subculture
inappropriate/criminal behaviour
protect staff
code of silence
CO abuse of power
minorities disproportionately impacted
human rights violations
too much discretion
complaints procedures in prisons
long wait time
fear of punishment
unclear procedure
told to file internally
not good access to forms
prison work
not paid well
not many programs available
not generating profits so cut despite them being successful
risk assessment
designed to indentify those who are most likely to reoffend upon release is no treatment were to occur
static risk factors
things about the offender that can’t be changed
criminal history, performance on past release, seriousness of past offence, etc
dynamic risk factors
things about the offender that can be changed through intervention
education, training, addiction, attitudes and motivations, etc.
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)
fixed sentence vs indeterminate sentence
actual end to their sentence vs no real end date
day parole
6 months before 1/3
full parole
1/3
statuatory release
2/3
criteria for parole
confident the offender won’t reoffend before warrant expiry
have to feel that this will facilitate community through prisoner reintegration
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
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
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
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
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
pains of imprisonment (5)
deprivation of liberty
deprivation of goods and services
deprivation of security
deprivation of heterosexual relationships
deprivation of autonomy
collateral consequences of imprisonment (6)
social isolation
social consequences
stigma
health consequences
mental health issues
economic damage
re-entry barriers (5) *most important
identity
transportation
benefits/social assistance
housing*
employment*
revolving door of incarceration
cycle that incarceration leads to barriers and barriers lead to incarceration (2 main barriers being housing and employment)
post incarceration policies
suspicion results from stigma which leads to continual punishment of those who have completed their sentence
principle of less eligibility
‘criminals’ are deemed to be less worthy of resources
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
what is the penal voluntary sector
non profit NGOs
penal reform advocates
government offloading programming to those organizations
mostly state funded
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
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
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
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
BVSP: duality of conception
net widening
more clients they supervise the more money they get
more supervision and CJS power
agency + resistance
Factual Innocence vs Legal Innocence
factual: they never actually committed the offence
legal: procedural error that violates the rights of the convicted person
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)
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
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)
defense misconduct
ineffective assistance of counsel
make most decisions on behalf of accused
judiciary misconduct
tunnel vision
rule of inadmissible evidence
jury misconduct
are they really reliable and competent
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
plea bargaining
incentive for lesser charge
people plea for offences they don’t commit
jail house informants
benefit in exchange or information
judge and defence don’t know that the incentive is given to the person in jail
false and misleading confessions
distort fact finding process
lack of impartiality
forensic science errors
junk science
people will believe it even if they shouldn’t
racism and SES and wrongful convictions
indigenous and poor individuals higher rate of wrongful conviction than non-indigenous and non-poor people
costs of wrongful convictions
costly, no justice, guilty person goes free, innocent incarcerated, how do you really compensate someone, decreased public confidence
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
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
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
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
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
drug treatment court
problem solving court
judicially supervised treatment
bail with conditions:
court appearances
counselling/treatment
random drug testing
other specific conditions