Podcast
Questions and Answers
What is the central premise of the strategy that favors containing and quarantining the criminal element?
What is the central premise of the strategy that favors containing and quarantining the criminal element?
Which of the following is NOT a true characteristic of parole in Canada?
Which of the following is NOT a true characteristic of parole in Canada?
According to the information provided, when does an offender become eligible for parole?
According to the information provided, when does an offender become eligible for parole?
Which of the following is NOT a risk assessment factor considered by the National Parole Board?
Which of the following is NOT a risk assessment factor considered by the National Parole Board?
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What is a demonstrated benefit of parole compared to statutory release, according to the information provided?
What is a demonstrated benefit of parole compared to statutory release, according to the information provided?
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What is the core idea behind the concept of deterrence in the context of crime?
What is the core idea behind the concept of deterrence in the context of crime?
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What is the primary goal of rehabilitation programs for offenders?
What is the primary goal of rehabilitation programs for offenders?
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Which of the following is considered a key principle of effective correctional intervention, according to Canadian researchers?
Which of the following is considered a key principle of effective correctional intervention, according to Canadian researchers?
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What shift in penological thinking occurred in the late 20th century?
What shift in penological thinking occurred in the late 20th century?
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What was the trend in the federal prison population in Canada between 1989-90 and 1994-95?
What was the trend in the federal prison population in Canada between 1989-90 and 1994-95?
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According to the provided information, how does spending on corrections compare to the crime rate in Canada?
According to the provided information, how does spending on corrections compare to the crime rate in Canada?
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What is the 'culture of control' primarily focused on in the context of corrections?
What is the 'culture of control' primarily focused on in the context of corrections?
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Which of the following demographics represents a significant portion of the incarcerated population in Canada based on the information provided?
Which of the following demographics represents a significant portion of the incarcerated population in Canada based on the information provided?
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The Canadian court system is best described as:
The Canadian court system is best described as:
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What is the primary goal of the establishment of Aboriginal courts?
What is the primary goal of the establishment of Aboriginal courts?
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What does the term 'Aboriginal over-representation' refer to?
What does the term 'Aboriginal over-representation' refer to?
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What is the main way in which Canadian courts influence the law?
What is the main way in which Canadian courts influence the law?
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What is the process of 'sentencing' defined as?
What is the process of 'sentencing' defined as?
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Which of the following is NOT a primary goal of sentencing in Canada?
Which of the following is NOT a primary goal of sentencing in Canada?
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The fundamental principle of sentencing emphasizes:
The fundamental principle of sentencing emphasizes:
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Which of the following is considered an alternative to incarceration?
Which of the following is considered an alternative to incarceration?
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Sentencing disparity refers to:
Sentencing disparity refers to:
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What is one example of an unsystematic factor that can contribute to unwarranted sentencing disparity?
What is one example of an unsystematic factor that can contribute to unwarranted sentencing disparity?
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Study Notes
Canadian Court Systems
- Canadian courts are divided into provincial/territorial and federal courts.
- A hierarchical structure exists, with lower courts adhering to decisions made by higher courts.
- The system includes the Supreme Court of Canada at the apex, followed by courts of appeal, superior courts, and various specialized courts (e.g., tax court, military courts).
- Provincial/territorial administrative tribunals and federal administrative tribunals also exist within the system.
Aboriginal Courts
- Aboriginal courts operate alongside the standard court system.
- These courts aim to address the unique circumstances of Aboriginal offenders.
- One objective is to reduce the disproportionate representation of Aboriginal people within the criminal justice system.
Aboriginal Over-Representation
- This refers to the higher proportion of Aboriginal individuals involved in the criminal justice system compared to their representation in the overall Canadian population.
- Statistics demonstrate a significant over-representation, particularly in the Prairie provinces.
- Aboriginal individuals make up approximately 3% of the Canadian population but account for a significantly higher percentage of those admitted for remand.
Courts and Their Influence on Law
- Courts have the authority to reinterpret and amend laws.
- Constitutionality is the legal basis for challenging laws in court.
- Since 2014, at least eight Canadian laws have been struck down due to constitutional concerns.
- Examples include gun laws, prostitution laws, citizenship ceremonies, assisted suicide, time served sentencing, healthcare for refugees, and safe injection sites.
Sentencing
- Sentencing is the formal judicial determination of a legal sanction for an offence.
- Goals of sentencing include specific deterrence (affecting the individual offender), general deterrence (deterring others), denunciation (condemning the act), incapacitation (removing the offender from society), reparation (compensating victims), and rehabilitation (helping the offender).
- Sentencing principles prioritize proportionality between the severity of the offense and the punishment.
- Aggravating and mitigating factors should be considered.
- Comparable sentences should be applied to similar offenders
- Diversion (alternatives to incarceration) should be considered when appropriate.
Sentencing Options
- Options include absolute or conditional discharge.
- Probation, restitution, fines and community service, conditional sentences and imprisonment are alternative sanctions.
Sentencing Disparity
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Sentencing disparity refers to variations in sentences given by different judges or even the same judge on different occasions for similar offences.
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Unwarranted disparity arises from extra-legal considerations such as; judges’ personal beliefs; mood; or biases.
Goals of Sentencing
- Deterrence aims to discourage future criminal behavior.
- Rehabilitation seeks to reform offenders.
- Recent research indicates a possible greater focus on rehabilitation than prior strategies.
Principles of Effective Correctional Intervention
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Effective correctional interventions must consider and integrate need, risk, and responsivity principles.
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Need principle focuses on targeting criminogenic needs of offenders.
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Risk principle targets offenders at higher risk.
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Responsivity principle tailors intervention to the individual's learning style and characteristics.
Culture of Control
- Historic penology emphasized rehabilitation.
- Current approaches increasingly focus on incapacitation.
- This shift has led to higher incarceration rates in Canada.
Incarceration in Canada
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Federal prison population increased by 22% between 1989-90 and 1994-95.
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Average provincial prison population grew by 12% during the same period.
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High incarceration rates are linked to increased violent crime, particularly in Canada in the 1990s.
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Incarceration rates differ significantly among Canadian provinces and globally.
Mini Essay - Bill C-83
- The Liberal government introduced Bill C-83 to modify the previous conservative governments more punitive prison regulations ("tough on crime").
- The bill aimed to mitigate more punitive measures.
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Description
Test your knowledge on the central concepts of parole in Canada. This quiz covers eligibility, characteristics, and risk assessment factors used by the National Parole Board. Dive into the advantages of parole and its strategic implications in criminal justice.