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63 Cards in this Set
- Front
- Back
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When does change occur in corrections? |
1) severity of punishment of convicted offender is modified
2) change in explanation of criminal behavior
3) new structural arrangement has been used to sanction offenders
4) number or proportion of offenders in a correctional process changes |
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First house of corrections? |
Bridewell in London in 1557 - focused on principle that subjecting offenders to hard labor was the best way to stop the rising population of offenders |
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Define Hulks and Transportation |
Britain increase in population
HULKS
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Classical school |
- focused on free will and that you should be held accountable for your actions - associated with montesquieu, Voltaire, Cesare Beccaria, Jeremy Betham - Hedonistic calculation: term coined by Jeremy Betham that suggests offenders will take the action that maximizes pleasure and minimizes pain. (Cost of going to jail has to outweigh the benefits of commiting the crime)
Weaknesses - ignores external factors such as race and poverty - incarceration processes is expensive.
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Critical school |
focuses on the explotative nature of the capatalist ideology - problem is societal based -associated with marx
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Positivist school |
goal is to treat offenders selective incapacitaion: only incarcerating the offenders who are extremelly violent and are at a high risk to reoffend |
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What are the objectives of punishment? |
1) Retribution - offenders deserve to be punished 2) Deterence - offenders are to be punished in order to prevent future offenders 3) Incapatitation - Offenders are incapacitated therefore they cannot reofend 4) Rehab- treat offenders problems and aid in there re-entry to the community |
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Define penal populism |
The act of passing tougher sanctions and legislation for the sole purpose of being re-elected
3 stikes your out and MMS are ex. of this |
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First pennetentiary |
opened in Kingston in 1835 opened due to overcrowding of local prisons and the influence of the states |
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conditions of early prison |
bad conditions, prisoners had to pay for rent and those who could not afford it were imprisoned for longer. 1880 - seperate confinement from mentally ill, children and women 1906 penitentiary act: seperate institutions for mentally ill, women and children 1930: special perks were given for good behavior, harsh punitive style was changing to a more rehabilitative one |
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Restorative justice |
principle that crime does not only affect the victim but the community aswell - attempt to heal, repair, and reintegrate - offenders are forced to take responsibility of there behavior
challendges - people think it may be too soft, ensure that victim is not re-victimized in this process |
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Who was John Howard and what were his contributions to early corrections |
wrote "states of prisons in England and Wales" (1777) in an effort to reform prisons - proposed: - single sleeping room for offenders, seperate from young offenders and females, - bathing facilities - employing honest and well trained personelle - no alcohol sales - improvement of sanitary conditions |
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Models of prisons |
Auburn - prisoners eat and work together during the day and sleep separately at night. - strict silence was enforced and inmates were not allowed to gesture to one another.
Pennsylvania - prisoners were kept isolated from one another (separate and silent system)
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Private sector |
good way to reduce operating costs and add capacity
can add to the prison-industrial complex and questions can be raised wether it is ethical to punish people for profit. |
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Carceral and noncarceral corrections
(The who of corrections) |
Carceral - portion of corecctional systems that relate to offenders in prison
Noncarceral - refers to the portion of offenders in the community that employ correctional systems. |
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What is corretions? |
Correction is a political enterprise - the practices of a prison is determined by the laws set forth by the government
Corrections as a phylosophie on how to respond to offenders - with different times comes different ideas to punish and deal with offenders
Corrections as a sub-system - all interconected. Police, judiciary, parole board, probation agency all work together and are effected by eatch other decision. |
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Definition of corrections |
Structures, policies and programs derived from the government that punish, treat and supervise people convicted of a criminal offence |
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What is the correctional process |
a variety of stages that occur when the offender first come in contact with the police to when he is released. goes through courts and corrections. The deeper the case goes the less likely is is to result in incarceration. (fewer that 5%of cases reported to police end up in jail terms) |
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what is meant by the duty to act fairly |
Decisions made by correctional staff have to be made fairly and be merrited. The offender has the right to respond to any assesments made regarding there conduct. |
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What are some of the legislation frameworks of corrections |
Canadian Charter of Rights and Freedoms - gurrantees fundamemtal freedoms, equal and legal right for all citiziens including those convicted of commiting a criminal offence
Constitution act 1867 sets correctional responsibilities for the provinces and the federal government.
Criminal code defines criminal offences, lays out procedure for proper prosecution, and appropriate penalties judge can hand down
Corrections and conditional release act primary legislation under which the federal correction system operates - cover community corrections, conditional releases, detention, office of correctional investigater
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What are the reason for the 2 years rule |
- federal government wanted to strengthen its powers - only federal government had the ability to to establish and maintain long term institutions - short term offenders were seen as in need of guidance where as long term offenders were seen as in need of being punished
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What are some pros and cons of the split in juristiction in regards to corrections |
pros - serperates serious offenders from others - allows long term offenders to access long term programs - allows provincial offenders to access variety of alternatives to confinement
cons - short time period in prov institutions makes for a high turnover rate and an ineffective amount of time to complete rehab programs |
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Facts about provincial prisons |
- 96% of convicts are sanctioned provincially - more than half of custodial offences are less than an year - provincial prisons are are viewed as less serious even though they are more likely to face overcrowding, gang activity and disease |
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What constitutes a remand offender? |
either - someone who is charged with an offence and is awaiting trial or, - have been found guilty at trial and are awaiting sentencing
- remand offenders are held in prov institutions |
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Parole board of Canada Which provinces have there own parole boards. |
- federal agency that operates independently from the CSC and makes decisions regarding when federal offenders are released. - Quebec and Ontario have there own provincial parole boards |
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What is the Correctional investigators and what are there functions? |
work idependently from the federal agency. They are mandated to - investigate problems experienced by federal offenders - ensure CSC meets its obligation to manage offenders that conforms to the law and respects rights of offenders |
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What is the citiziens advisory commitee and what are there goals |
goals are - promote public knowledge and understanding of corrections - contribute to development of facilities and programs to rehabilitate offenders - increase public participation in corrections
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4 examples of private sectors |
John Howard society - offers bail supervision, parole supervision, halfway housing
Elizabeth fry society - lobbies for reform at all levels of the criminal law with specific focus on women with the conflict of the law
Salvation army - provides services such as conselling and supervision of offenders in the community
Native conselling service of Alberta - provides justice related services for members of the aboriginal community
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What are some of the challenges of correctional systems |
- diverse and marginalized population. Every offender has different need and different backround issues.
- Canada is a very multi-cultural society. It's difficult to help people that dont understand the culture and cant speak the language
- difficult to apply correctional services to people in the north. Furthermore they are higher rates of violent and sexual offences to those in the north
- implementing evidence based practice which are: policies , strategies and programs that have been proven effective in achieving desired goals
Utilizing risk-need-responsivity principles. RNR has three main principles: 1) risk - correctional interventionists match with offenders risk level for higher success. high risk offenders benefit more from programs 2) Need - correctional interventionist target criminogenic needs such as substance abuse. 3) Responsivity - correctional interventionist should understand learning styles and abilities of offender |
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What is the Purpose of sentencing |
to contribute along with crime prevention initiatives, to respect the law and maintenance of a just peaceful and safe society by imposing just sanctions. |
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What are the objective/principles of sentencing |
1) denounce unlawful conduct 2) deter offender and future offender from commiting offences in the future 3) seperate offenders from society 4) assist in the rehab of offenders 5) provide reparations to harm done to victims and the community 6) promote sense of responsibility and acknowledgment of the harm done to the victim and the community on part of the offender |
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What are the three types of sentencing goals? |
Utilitarian - focus of future conduct of said offender and future offenders - use specific deterrence (sentencing objective is to deter said offender from commiting crime) and general deterrence (sentencing objective is to prevent future offenders from offending)
Retributive - focus on past, express disapproval in offender behavior by validating the existing laws. Make offender "pay"for there offence based on the "eye for an eye" principle - notion of proportionality - sentences of offenders should be proportional to the offences
Restorative - based on RJ principle 1) victim offender reconcilliation 2) Family group conferencing 3) Circle sentencing
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What are the three sentencing options? |
1) Concurrent - Offender sentences are compared and the most severe is the one they will serve
2) Consecutive - all convicted sentences are served. Each will begin after the last one ended.
3) Intermittent - served on a part time basis (usually from friday night to monday morning) - generally no longer than 90 days - can pose challenges to facilities as they are already overcrowded and they can have a hard time accomidating offenders
Criminal code states that all offenders are to be sentences concurrently unless otherwise stated by the trial judge. In provincial courts, offenders are to be sentenced consecutively unless otherwise specified. |
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What are the different types of sentencing outcomes? |
Absolute discharge - offender is found guilty but not charged. set free with no criminal record
Conditional discharge - found guilty and released upon probation order. If he fails to comply |
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what does section 18 regarding the over-representation of aboriginals intail? |
1. consider the unique backround factors that attribute to criminal behavior 2. specific sentencing options that will best serve the aboriginal. (circle sentencing) 3. consider the mistreatment of the aboriginals |
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R vs Glaude |
decision to consider the unique circumstances of the aboriginal offender
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R vs Ipeelee |
case where offender broke his LTSO conditions. because the trial judge applied gluade principles.
if the protection of society was at risk the glaude principles were trumped |
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Judicial determinism |
ability of sentencing judge to impose on federal offenders, the obligation for them to serve half there sentence until being eligible for parole
main objective is to strengthen specific and general deterence and protect public |
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when was the death penalty ebolished? |
1976 |
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Dangerous and Long-term offenders |
must have evidence that offender is a violent and serious offender who is at a high risk for reoffending and society needs to be protected.
only applies for sentence 2 years +. LTSO comes into affect after sentencing |
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what is case law precedent |
judges must use rulings in cases that have been tried before the present one to make a ruling |
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what are the objectives of circle sentencing? |
adress needs of community victims needs offender needs |
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which sentences must a probation order follow? |
conditional discharge suspended sentence intermittent sentence |
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Specialized problem solving court |
take people with special need and attempt to divert them from the CJS
Drug treatment courst Mental health courts - became paramount in 1970 when the institutions were closed
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3 attributes of problem solving courts |
1. adress underlining problem of offender 2. involve collaboration between various agencies 3. are accountable to the community
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two objectives of intermittent sanctions |
1. offender-orientated - incapacitaion, retribution 2. system orientated - reducing overpopulation and cost and recidivism rates
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primary objective of intermittent sanctions |
hold offenders responsible though restrictive ans intensive intervention |
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which sentences require offenders to use electronic monitorin |
TA, work release, parole, statutory release, LTSO
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main objective of EM |
insure public safety while allowing offenders to remain in the community |
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Active and passive monitoring
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Active - transmits continuous signal Passive- offender has to call in |
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Concerns with EM |
- correctional personelle still have to supervise - industrial complex
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what is a conditional sentence |
person that would otherwise be incarcerated for less than 2 years can serve the sentence in the community
supervised by PO's
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2 factors that determine whether CS is appropriate |
1. risk of re-offending 2. harm offender can cause |
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What is the max time a probation order can be served |
3 years |
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What are the practice models of probation |
-due process - fair punishments while respecting the rights of the offender
- crime control - practice should reduce crime. Crime reduction and public protection are main goals
- Treatment - intervention that has the ability to to change offender behavior without the use of incarceration
- Restoratice justice - making ammends
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what are the roles and responsibilities of PO's |
- assesing client needs - provide case managment with obkective of reducing crime - supervise offenders on probation |
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what are the activities undertaken by PO's |
investigate - prepare pre-sentece reports - risk assesment and case management
Conselling
Service cordination - use police, social services, employment, housing
Surveillance - make sure offenders comply with conditions |
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What do pre-sentence reports contain? |
offence history, victim impact statements, risk assesment |
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what are the types of correctional institutions? |
correctional centers - house inmates
detention centers - house offenders awaiting sentencing
correctional camps and treatment centers |
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What is the unit managment model |
each unit has a manager who is in charge of a set of CO's and other correctional staff |
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what are some of the challendges when operating facilities |
meeting requirements of legislation
legal framework for correctiona lfacilities are complex
have to obey laws and are subject to audits |
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Remand |
ppl on remand are held in prov institutions
held in max secutiry and have limited access to programs
Bill C-10 introduced time served |
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what percent of inmates have FASD |
10 |
