CRIM 131 Final Study Guide PDF

POLICING Describe briefly the issues that surround the effectiveness of police strategies and operations. Compare and contrast the professional model of policing, community policing, and community-focused strategic policing. The Professional model of Policing ○ Based on the 3 “R”s...

POLICING Describe briefly the issues that surround the effectiveness of police strategies and operations. Compare and contrast the professional model of policing, community policing, and community-focused strategic policing. The Professional model of Policing ○ Based on the 3 “R”s Random patrol Rapid response Reactive investigation ○ Model relied on visibility of patrol cars to deter crime and reassure citizens ○ Lacked proactive strategies and analytical approaches to address root causes of crime ○ Study showed random patrol had little effect on crime rates and public satisfaction ○ More recent study shows modest positive effects ○ Rise of community policing emerged from need for collaborative crime prevention Partnerships w/ community stakeholders to address root causes of crime Community policing ○ Emphasizes collaboration between police and communities to identify, prioritize, and solves problems of crime, social disorder and aim to improve quality of life ○ Guided by the 3 “P”s Prevention Problem-solving Partnership ○ Requires officers to be proactive, build relationships and work w/ community members to address underlying issues ○ Organizational changes, granting officers autonomy to develop strategies in collaboration w/ community ○ Challenges Understaffing, high officer turnover, resource shortages Community-focused strategic policing ○ After 9/11, police face growing pressure to prioritize public safety, address specific threats and maintain community ties Lead to emergence of the new model Blends principles of community policing w/ strategic for crime response, attack and crime prevention  ○ Emphasizes community engagement while leveraging analytics to guide strategic policies and operations Represents an evolution from traditional policing models Describe the various techniques used in community-focused strategic policing. Data-driven approaches ○ Police use advanced analytics to identify crime patterns, high potential crime areas and potential future offenses Problem-oriented policing ○ Identifying root causes of crime using models like SARA rather than respond to individual incidents SARA = scanning, analysis, response, and assessment  Community partnerships ○ Collaborating w/ local orgs., businesses, schools and residents to create solutions for community issues Targeted policing strategies ○ Hotspot policing Focusing police resources on areas w/ high levels of criminal activity ○ Focused deterrence Direct engagement w/ individuals/groups most likely to commit crimes Crime prevention through environmental design (CPTED) ○ Reduce crime through better lighting, visibility and urban planning Officer autonomy ○ Empowering officers to proactively solve problems and build relationships Youth engagement ○ Programs in schools to build trust and reduce delinquency Community policing teams Summarize public attitudes toward and confidence in the police. Public attitude/confidence differ from demographics ○ Blacks, indigenous report lower trust Attitudes shaped by historical and contemporary experiences w/ the law Systemic issues like over-policing and racial bias ○ Initiatives that emphasize community engagement, personal interaction and non-enforcement roles show improvement in relationships Describe the challenges of developing and sustaining police-community partnerships. Historical distrust ○ Racialized groups distrust police due to past injustices Unrealistic expectations ○ Communities expect police to fix both crime and social issues which exceed resources Cultural differences ○ Police must understand and respect the unique values, history, and traditions of different communities (esp. indigenous) Community conflicts ○ Certain neighborhoods (esp. Marginalized ones) experience more police-community tensions Sustainability issues  ○ Partnerships can be hard to maintain due to officer turnover and limited resources Discuss the debate over the role and activities of groups like Anonymous and Creep Catchers. Crime Prevention and Response Describe primary and secondary crime prevention programs and evaluate their effectiveness Primary crime prevention ○ Aims to reduce opportunities for crime by altering conditions that make crime more likely ○ Effectiveness Programs like CCTVs are effective at reducing certain crimes, impact varies on location and type of crime Privacy concerns Secondary Crime Prevention ○ Focuses on addressing root causes of crime and targeting high-risk areas/groups ○ Programs: Initiatives for at-risk youth to prevent future criminal behaviour Identifying and monitoring high-risk offenders Using data to analyze high-crime areas ○ Effectiveness Valuable for addressing deeper social issues, helping at-risk groups and reducing repeat offenses More resource-intensive but often long-term benefits in reducing crime and improving community safety Explain crime response strategies and crime attack strategies and their effectiveness. Crime response strategies ○ Broken window approach Technique: focus on addressing minor disorders to prevent more serious crime. Relies on rapid officer deployment and follow-up Effectiveness: reduced crime in NYC but not as effective elsewhere. Criticized for over-policing and inefficient use of resources ○ Zero-tolerance and quality-of-life policing  Technique: strict enforcement of laws w/ high police visibility, cracks down on specific crimes Effectiveness: improves security perceptions but raises concerns for over policing, esp in racialized communities ○ Problem-oriented policing Technique: tackles root causes for recurring crime through community collaboration, using SARA model Effectiveness: moderately effective at reducing crime, enhances community policing Crime attack strategies ○ Tactical-directed patrol Technique: intensive focus on crime hot spots and high-risk offenders by crime data Effectiveness: reduces violent crime, results are resource-intensive ○ Hot spots policing Technique: targets areas w/ high crime concentration Effectiveness: strong impact on drug and violent crimes, worries about bias policing ○ Foot patrols Technique: officers patrol neighborhoods on foot, increasing visibility and engagement Effectiveness: reduces crime and fear while fostering community trust Discuss the issues surrounding the increasing use of high technology in responding to and attacking crime Analyze the relationship between the police and vulnerable/at-risk groups. The police's relationship with vulnerable and at-risk groups is crucial for community safety and trust. Positive relationships, collaborative partnerships, and efforts to improve quality of life are key roles for police but are often unmeasured. Engaging in innovative programs to address the needs of groups such as LGBTQ2S+ individuals, Indigenous peoples, and racialized communities fosters inclusivity and reduces marginalization. Success in building trust is reflected in community satisfaction, feelings of safety, and effective problem-solving in areas of concern. Police effectiveness with these groups depends heavily on adopting collaborative, community-oriented policing models. Courts and Judiciary Describe the structure and operation of the criminal courts. The criminal courts operate within a hierarchical structure to ensure justice and fairness. Provincial/Territorial Courts Handle most criminal cases, while Superior Courts deal with serious offenses and appeals. Courts of Appeal review decisions from lower courts, and the Supreme Court of Canada serves as the final authority for appeals of national importance. The process includes pretrial (bail hearings, preliminary inquiries), trial (evidence presented by Crown and defense), and sentencing (judge imposes punishment). Key participants include judges, Crown prosecutors, defense lawyers, and sometimes juries. Courts follow principles of fairness, independence, and transparency, ensuring decisions respect laws and constitutional rights like the Charter of Rights and Freedoms. Explain specialized problem-solving courts and evaluate their effectiveness in addressing the needs of vulnerable accused persons. Specialized problem-solving courts, such as drug courts, mental health courts, and Indigenous courts, divert offenders with specific needs from the traditional justice system. They address underlying issues like addiction, mental illness, or systemic marginalization through treatment, rehabilitation, and accountability instead of punishment. Key features include interagency collaboration, community accountability, and offender participation in intervention plans. Examples include Drug Treatment Courts (DTCs), which mandate treatment for non-violent offenders, and the Yukon Community Wellness Court (CWC), which provides culturally relevant support for those with mental health or addiction issues. These courts effectively reduce repeat offending by addressing root causes and focusing on rehabilitation. Programs like the CWC offer tailored support and incorporate restorative justice principles, improving outcomes for offenders and community satisfaction. However, their scope is limited by strict eligibility criteria, excluding serious offenders and requiring voluntary participation. While some individuals may face barriers to accessing these courts, they significantly reduce incarceration rates and promote therapeutic justice for vulnerable populations. Describe the operation and objectives of Indigenous courts. Indigenous courts operate within provincial courts across Canada in both urban and rural areas to address the unique needs of Indigenous offenders. These courts focus on alternative sentencing options, particularly restorative justice, as required by Section 718.2(e) of the Criminal Code and affirmed by the Supreme Court in R v. Gladue (1999). Known as Gladue Courts in some areas, they consider the specific circumstances of Indigenous offenders and emphasize reducing overrepresentation in custody. These courts integrate traditional Indigenous spirituality and cultural practices, often developed in collaboration with First Nations communities. Their objectives align with the Truth and Reconciliation Commission’s Calls to Action, promoting justice mechanisms that prioritize rehabilitation and community healing over incarceration. Through these efforts, Indigenous courts aim to provide fairer outcomes and strengthen ties between Indigenous communities and the justice system. Discuss the challenges of providing judicial services in remote areas via circuit courts. Circuit courts bring justice to remote communities by flying in judges and lawyers to hold hearings in places like schools or community centers. While helpful, they face big challenges. Bad weather or flight cancellations can mess up schedules and delay cases. There are too many cases to handle in one day, and long sessions make it hard for lawyers to prepare properly. A lack of interpreters and cultural differences also make it hard for Indigenous people to understand or take part in court. Judges try to use community-based solutions like restorative justice, but there aren’t enough resources to make these work well. Even with the challenges, circuit courts help communities and show how justice can be more flexible and collaborative. Identify the professionals who comprise the courtroom workgroup and their roles. The courtroom workgroup includes judges, justices of the peace (JPs), defence lawyers, duty counsel, and Crown attorneys. Judges: They act as the "trier of fact" in trials without juries, interpreting laws, ruling on evidence, and determining guilt or innocence. In jury trials, they instruct jurors on the law and ensure proper procedure. Judges also determine sentences and act as "gatekeepers" for expert testimony.  Justices of the Peace (JPs): JPs handle tasks like issuing search warrants, conducting bail hearings, and presiding over minor offences. They don’t require legal training, but concerns about their qualifications and training have been raised. Defence Lawyers: They protect the accused’s rights, negotiate pleas, and build a case for their client’s innocence by questioning witnesses and challenging evidence. Issues include a lack of diversity and challenges faced by women in criminal law. Duty Counsel: These are legal aid lawyers who provide immediate advice to detained persons and may represent them in court. Crown Attorneys: They represent the government and prosecute cases. Their duties include preparing for trial, negotiating pleas, presenting evidence, and recommending sentences. They must ensure justice is served, not just seek convictions. Explain the process of judicial appointments in Canada and discuss the surrounding issues. Identify the issues of judicial ethics and accountability. Ethical Standards: Judges are held to high ethical standards of impartiality, integrity, and professionalism, as outlined in documents from the Canadian Judicial Council (CJC) and other provincial/territorial bodies. Judicial Independence vs. Accountability: Historically, judicial independence was prioritized over accountability, but there has been a shift towards greater accountability in recent years. Complaints and Misconduct: Common issues include gender, racial, or cultural bias; inappropriate conduct on or off the bench; undue delay in decisions; and conflicts of interest. Examples include a judge wearing a "Make America Great Again" hat in court and sexist comments made by a Quebec judge. Disciplinary Processes: Complaints about federally appointed judges are investigated by the CJC. Recent reforms have made the process more efficient, cost-effective, and transparent, such as using smaller panels for disciplinary decisions and introducing new mechanisms to handle less serious misconduct. Sanctions for Misconduct: Sanctions range from removal from the bench (rare) to letters of reprimand, mandatory training, or apologies. Judges often resign before inquiries conclude to avoid formal repercussions. Public Scrutiny and Political Contributions: Public scrutiny has increased, especially in cases involving sexual assault. Allegations of political donations by judges also highlight concerns about impartiality. Describe the issue of case delay and the impact of the Supreme Court of Canada decision in R v. Jordan. Case delays in Canada's criminal justice system have a big impact, especially on victims and their families. For example, Emily A., a woman who was going to testify in a sexual assault case, faced multiple delays. The case was eventually stopped because it exceeded the time limits set by the Supreme Court’s Jordan decision. She criticized the government for not having enough resources to handle cases quickly. The R v. Jordan decision (2016) set strict time limits for how long a case can take before trial: 18 months for cases in provincial court and 30 months for those in higher courts. If a case takes longer than that without special reasons, it can be thrown out. This ruling was made because the Court was concerned that long delays were becoming common in Canada’s justice system. Since Jordan, many cases have been dismissed because they took too long, even serious ones like murder or sexual assault. Some people argue that the time limits are too strict, especially for complicated cases. The COVID-19 pandemic made delays worse, but the Jordan decision still aims to make the justice system faster and fairer, although delays continue to be a problem. Identify and explain the goals of sentencing. Utilitarian Goals: These focus on preventing future crime and protecting the public. There are several elements: General deterrence: This aims to discourage people from committing crimes, using Mr. Smith and Mr. Jones as examples. Proportionality: Sentences should match the seriousness of the crime and the offender’s level of responsibility. Principle of restraint: The punishment should be appropriate and just, not excessive. Specific deterrence: This goal seeks to prevent Mr. Smith and Mr. Jones from committing future crimes by punishing them.  Rehabilitation: Sentences may aim to address why the offender committed the crime and help them change their behavior. Incapacitation: Keeping the offender in jail to protect society from further harm. Retributive Goals: These focus on the past and aim to ensure that the punishment fits the crime. Denunciation: Society’s disapproval of the crime is expressed, reinforcing the importance of laws. Retribution: This is the idea that offenders should "pay" for their actions, following the principle of "an eye for an eye." Restorative Goals: These focus on repairing the harm caused by the crime to victims, offenders, and the community. In this case, since the victims were children, they would not be involved directly, but their families could participate in a restorative justice process. The goal is for the offenders (Mr. Smith and Mr. Jones) to take responsibility and understand the impact of their actions, helping to prevent future crimes. Define and describe Deterrence. Deterrence is a sentencing goal in the criminal justice system that aims to prevent crime by discouraging individuals from engaging in criminal behavior. The concept is based on the idea that if people perceive the consequences of committing a crime as being severe and certain, they will be less likely to break the law. There are two types of deterrence: 1. General Deterrence: This aims to prevent crime by setting an example for the public. When individuals see that criminals are punished for their actions, they may be discouraged from committing similar offenses. The idea is that the fear of punishment will make potential offenders think twice before breaking the law. 2. Specific Deterrence: This targets the individual offender. The goal is to prevent the same person from committing future crimes by imposing a penalty or punishment that discourages reoffending. For example, a prison sentence or rehabilitation program is meant to make the offender less likely to commit the same crime again. Both types of deterrence rely on the idea that the certainty, severity, and swiftness of punishment will help reduce criminal behavior by making the consequences of crime outweigh the potential benefits. Define and describe Retribution. Retribution is a way of punishing someone for a crime because they deserve it. It’s based on the idea that when someone does something wrong, they should be punished in a way that matches how bad their crime was. It's like the idea of "you get what you deserve." Here’s how it works: 1. Punishment for wrongdoing: When someone breaks the law, retribution says they should face a punishment because they did something wrong. 2. Fairness: The punishment should fit the crime. If someone does something really bad, like hurting another person, they should face a bigger punishment than someone who does something less serious. 3. Justice, not prevention: Retribution doesn’t focus on stopping the person from committing future crimes or helping them change. It’s all about making sure the person pays for what they’ve already done. So, retribution is all about making sure someone gets the punishment they deserve for what they’ve done wrong Define and describe Incapacitation. Incapacitation is a goal of sentencing where the aim is to remove a criminal from society so they can't commit more crimes. The idea is that by locking up or restricting the offender's freedom, they are physically prevented from harming others. Here’s how it works: 1. Preventing further harm: The main idea is to stop the person from committing more crimes, especially serious ones, by removing them from the community. 2. Jail or prison: Often, this involves sending someone to jail or prison. By being in prison, the person is unable to commit crimes in the outside world because they are confined. 3. Protecting society: The goal is to protect the public by ensuring dangerous individuals can’t hurt others during the time they are incapacitated. Incapacitation doesn't focus on punishing the person or helping them change (like in rehabilitation). It simply focuses on keeping the person away from the public to keep people safe. Define and describe Rehabilitation. Rehabilitation is a goal of sentencing aimed at helping offenders change their behavior so they don't commit crimes in the future. The focus is on treating the underlying problems that led to the crime, such as addiction, mental health issues, or a lack of education or job skills. Here’s how it works: 1. Addressing the causes of crime: Rehabilitation tries to identify and treat the reasons why someone committed the crime, whether it's addiction, anger issues, lack of employment, or other factors. 2. Programs and therapy: Offenders may participate in various programs like counseling, education, job training, or drug rehabilitation, aimed at improving their behavior and helping them become productive, law-abiding citizens. 3. Reducing reoffending: The goal is to reduce the chances that the person will commit a crime again by helping them change their attitudes, skills, and ways of thinking. Rehabilitation focuses on helping offenders reintegrate into society successfully, rather than just punishing them. It's about giving them the tools to lead a better, crime-free life. Define and describe Restoration. Restoration in criminal justice is about fixing the harm caused by a crime. Instead of just punishing the person who committed the crime, the goal is to help everyone involved—the victim, the offender, and the community—recover from the harm. Here’s how it works: 1. Making things right: The person who committed the crime takes responsibility and does something to fix the harm, like apologizing or paying back the victim. 2. Victim's involvement: The victim gets to have a say in how they feel the offender can make up for the harm done to them. 3. Healing for everyone: The idea is to help both the offender and the victim heal from the crime and rebuild relationships. 4. Community role: The community can also help by supporting both the victim and the offender in moving forward. So, restoration is about healing and repairing relationships rather than just punishing the offender. Discuss the sentencing options available to judges.  1. Absolute Discharge: The offender is found guilty, but they don't get a criminal conviction. It appears on their record for one year. This is for minor offences. 2. Conditional Discharge: The offender is found guilty but can avoid punishment if they follow certain rules, like attending counseling or doing community service. If they don’t follow the rules, they can be sent back to court. This stays on their record for three years. 3. Suspended Sentence: The offender is found guilty, but their jail sentence is put on hold while they complete probation (like staying out of trouble). If they do well, they avoid jail time. 4. Fine: The offender must pay money to the court. If they don’t pay, they could go to jail. 5. Intermittent Sentence: The offender goes to jail on weekends only and is out during the week, but must follow probation rules. This is for sentences of 90 days or less. 6. Probation: The offender is allowed to live in the community but must follow certain rules, like going to counseling or staying away from certain people. Probation usually lasts for up to three years. 7. Conditional Sentence: The offender serves their jail sentence at home under strict conditions, like house arrest and curfew. 8. Imprisonment: The offender goes to jail for their crime. This is usually for more serious crimes. Explain judicial determination, judicial restraint orders, and dangerous offender/long-term offender designations. Judicial Determination (Section 743.6) Judicial determination allows judges to decide if certain offenders should serve half of their sentence before being eligible for parole, instead of the usual one-third. This is for offenders who are sentenced to two or more years in prison. The goal is to keep the public safe and act as a warning to others. Indigenous offenders are more likely to fall under this rule and serve longer in prison. Judicial Restraint Orders (Section 810) A peace bond (or judicial restraint order) can be given if someone is worried that another person will hurt them or their family. The court doesn’t need to prove a crime has been committed yet. If the court believes the fear is real, the person must sign an agreement to stay peaceful and follow certain rules (like not drinking alcohol or carrying a weapon) for up to 12 months. If they break the rules, they could go to jail. Dangerous Offender/Long-Term Offender Designations Dangerous Offender: This is for people who have committed very serious violent crimes and are likely to do it again. They can be kept in prison for life without a chance of parole for a long time. Long-Term Offender: This is for people who have committed serious crimes but aren’t seen as a huge threat to society. They can be released after serving part of their sentence, but they must follow strict rules and be monitored for up to 10 years after they are released. These systems help keep dangerous people off the streets, while also allowing for rehabilitation in some cases. Describe the considerations of judges in sentencing. Aggravating Circumstances: These are factors that make the crime worse and can lead to a harsher sentence. For example, if the victim was a child or if the crime was motivated by hate. Mitigating Circumstances: These factors can lead to a lighter sentence. For example, if the offender shows remorse, has no prior record, or has mental health or addiction issues. Past Court Decisions: Judges look at similar cases to make sure the sentence is fair and consistent. Pre-sentence Report (PSR): This is a report from a probation officer that gives details about the offender’s background and the impact of the crime. It helps the judge understand the person better. Victim Impact Statements: These are statements from the victim (or their family) about how the crime affected them. The judge uses this to understand the harm caused. Psychological Assessments: These are tests to check the offender’s mental health, which can help decide if they need treatment. Indigenous Peoples: Judges are encouraged to consider alternatives to prison for Indigenous offenders, as they may face unique challenges. Cultural Considerations for Black Offenders: Lawyers may ask for cultural assessments to help the judge understand the offender’s background. Discuss the issues surrounding the sentencing of Indigenous offenders.  1. Overrepresentation in Prison: Indigenous people are more likely to be in prison, and despite laws meant to reduce this, their numbers continue to grow. 2. Gladue Reports: Judges are required to consider an offender’s Indigenous background, like the impacts of colonialism and residential schools. However, judges don’t always follow these recommendations. 3. Alternatives to Prison: Section 718.2(e) encourages judges to consider alternatives like restorative justice or Indigenous healing. But these alternatives aren’t always used, and some people worry they don’t work well for serious crimes, especially violence against women. 4. Traditional Justice Practices: Some Indigenous communities use traditional methods like banishment or healing programs. These practices are seen as better suited to Indigenous cultures but can be controversial, especially for non-Indigenous offenders or when victims’ needs aren’t fully addressed. 5. Cultural and Systemic Challenges: The justice system often doesn’t fully understand Indigenous cultures, and many Indigenous offenders face challenges from their difficult pasts, like colonization and residential schools, which affect their involvement with the law. In short, while laws like the Gladue decision aim to improve sentencing for Indigenous offenders, there are still many challenges, including rising prison numbers and debates over justice practices. A broader approach is needed to address these issues fairly. Analyze the issues surrounding sentencing and crime victims. 1. Victim Impact Statements: These statements let victims explain how the crime affected them. While they give victims a voice, many are unhappy with the sentences given, especially if they feel the sentence is too lenient, like in the case of a father whose son’s killer received a short sentence. Victims sometimes expect harsher punishments, leading to dissatisfaction. 2. Realistic Expectations: Victims may believe their statements will directly influence the sentence, but they often have unrealistic expectations. Still, it is generally agreed that victim input is valuable, as it helps judges understand the full impact of the crime. 3. Restorative Justice: This approach focuses on healing and involves victims more directly in the process. Victims often feel more satisfied because they are included, but it may not be appropriate for all crimes, especially serious ones. 4. Aggravating Circumstances: The law requires judges to consider certain factors, like if the victim was vulnerable or in a position of trust with the offender. This helps ensure that more harmful crimes are punished more severely.  5. Gender and Vulnerability: The law gives special consideration to vulnerable victims, particularly women and Indigenous women, in cases like intimate partner abuse. This acknowledges the unique challenges faced by these groups. 6. Victim’s Role in Parole: Victims can also provide input during parole hearings, especially for serious crimes like murder. This allows victims to have a say in whether an offender should be released. Summary Victim involvement in sentencing helps address their needs but can also lead to frustration if their expectations aren't met. Restorative justice offers a more inclusive approach, but it may not always work for every crime. The law also takes victim vulnerability into account to ensure fairer sentences. Evaluate the effectiveness of various sentencing options. 1. Incarceration (Prison Sentences) What it is: The offender is sent to prison for a set period. Pros: Good for serious crimes, keeps dangerous people off the streets. Cons: Expensive, doesn't always help the offender change, can lead to more crime once released. Effectiveness: Good for serious crimes, but not great for rehabilitation. 2. Probation What it is: The offender stays in the community but must follow strict rules and check in with a probation officer. Pros: Cheaper than prison, allows the offender to stay connected to family and work. Cons: Only works if the offender follows the rules; not for serious offenders. Effectiveness: Effective for lower-risk offenders. 3. Community Service What it is: Offenders do unpaid work in the community to pay back for their crime. Pros: Cheaper than prison, helps the community.  Cons: May not be tough enough for serious crimes, doesn’t help with underlying issues like addiction. Effectiveness: Good for minor crimes or first-time offenders. 4. Restorative Justice What it is: The offender meets with the victim and the community to repair the harm caused by the crime. Pros: Helps the victim heal, encourages the offender to take responsibility, reduces reoffending. Cons: Not suitable for violent crimes or where the victim doesn't want to participate. Effectiveness: Very effective for non-violent crimes. 5. Fines What it is: The offender must pay a financial penalty. Pros: Simple and fast, provides money for victim services. Cons: Doesn’t work if the offender can't pay, doesn’t help with rehabilitation. Effectiveness: Good for minor offenses but not serious crimes. 6. Conditional Sentence (House Arrest) What it is: The offender serves their sentence at home under strict conditions. Pros: Keeps offenders out of prison, can help with rehabilitation. Cons: Seen as too lenient for serious crimes, depends on strict supervision. Effectiveness: Good for low-risk offenders, but not for serious criminals. 7. Indigenous Sentencing Circles What it is: A special sentencing process for Indigenous offenders, involving the community to help decide on punishment. Pros: Focuses on healing and community, addresses cultural issues. Cons: Not available everywhere, may not work for violent crimes. Effectiveness: Very effective for Indigenous offenders and minor crimes. 8. Mandatory Minimum Sentences What it is: Fixed sentences required for certain crimes (e.g., drug offenses). Pros: Clear and predictable punishment. Cons: Limits judges' flexibility, can lead to unfairly long sentences.  Effectiveness: Effective for deterrence, but can be too rigid and unfair for some cases. Corrections Describe the circumstances surrounding the creation of the first penitentiary in Canada. The Kingston Penitentiary, Canada’s first prison, was built in 1835 in response to overcrowded local jails and a growing belief that corporal punishment was cruel and ineffective. Inspired by American prisons, it followed the Auburn model, where prisoners worked and ate together in silence during the day and were kept in individual cells at night. The goal was to reform offenders through strict discipline, hard work, and religious teachings, addressing issues like laziness and lack of moral values. The prison's conditions were harsh, with strict silence enforced and severe punishments like flogging, leg irons, and bread-and-water diets for rule violations. A Royal Commission in 1848, known as the Brown Commission, investigated and confirmed reports of mismanagement and abuse, including the mistreatment of men, women, and children as young as 11. However, little changed, and harsh practices continued. The creation of Kingston Penitentiary reflected society's focus on discipline and morality, but the failure to explore better ways to prevent crime and rehabilitate offenders was seen as a missed opportunity. Compare the federal and provincial/territorial systems of corrections. Federal Corrections Operated by: Correctional Service Canada (CSC), part of Public Safety Canada. Jurisdiction: Manages offenders sentenced to two years or more. Facilities: Includes federal penitentiaries, halfway houses, healing lodges for Indigenous offenders, psychiatric hospitals, treatment centres, health care units, palliative care units, and addiction research centres. Partnerships: Works with organizations like the John Howard Society and Elizabeth Fry Society to run halfway houses. Focus: Handles long-term offenders with programs for rehabilitation and reintegration into society. Provincial/Territorial Corrections  Operated by: Provincial and territorial governments. Jurisdiction: Responsible for offenders sentenced to less than two years and those held in remand while awaiting trial. Facilities: Operates jails, remand centres, and specialized institutions for offenders with severe mental health issues. Challenges: ○ Chronic understaffing and high turnover among mental health staff. ○ Inadequate mental health care, sometimes not provided at all. ○ High prevalence of mental health conditions like depression, anxiety, substance use, and psychotic disorders, with 41% of Ontario’s incarcerated population affected. ○ Gender and racial disparities in access to treatment. Key Differences 1. Sentence Length: Federal corrections handle longer sentences, while provincial/territorial corrections focus on shorter sentences and pre-trial custody. 2. Focus: Federal corrections emphasize rehabilitation for long-term offenders, whereas provincial/territorial systems address short-term confinement and remand needs. 3. Mental Health Care: Federal institutions provide specialized facilities, but provincial/territorial facilities face significant challenges with staffing and treatment quality. Both systems aim to manage offenders effectively, but they face unique responsibilities and challenges in achieving this goal. Explain how prison architecture reflects philosophies of punishment and correction. Prison architecture reflects how punishment and rehabilitation are viewed. Early prisons, like Kingston Penitentiary, were designed to promote order and reform, using isolation and hard labor. The Pennsylvania model focused on solitary confinement for reflection, while the Auburn model allowed communal work with strict silence, emphasizing discipline. Over time, prison designs shifted toward rehabilitation, including classrooms and counseling spaces. Modern facilities like healing lodges focus on cultural practices and restorative justice, while open prisons emphasize trust and reintegration. The focus has moved from punishment to preparing inmates to rejoin society Describe the types of correctional institutions and how security is maintained. In Canada, correctional institutions are categorized by security levels: minimum, medium, and maximum security. Minimum-security facilities have no fences and allow inmates to move freely during the day, except at night. Medium-security institutions have high fences and limit inmate movement. Maximum-security prisons have tight controls, high fences, and constant video surveillance to monitor inmates. There is also a Special Handling Unit (SHU) for inmates who pose extreme risks and cannot be housed in maximum-security prisons. Security is maintained in two ways: static security, which includes fences, cameras, alarms, and fixed posts for officers; and dynamic security, which involves correctional officers interacting with inmates to help maintain order. Some institutions also have regional health centres for treating violent offenders with programs like anger management. Staff in correctional facilities include the warden, senior managers, correctional officers, treatment staff, and intelligence officers. Identify the challenges in managing correctional institutions. Managing correctional institutions in Canada presents several challenges. Wardens and staff must protect the rights of incarcerated persons under the Canadian Charter of Rights and Freedoms while following laws and policies. They must treat offenders fairly and give them the chance to respond to assessments of their behavior. Oversight is provided by bodies like the Office of the Correctional Investigator, though their findings are not mandatory. A key challenge is the “split personality” of corrections, where prisons must both protect society and prepare offenders for release. The strict control in prisons can make it hard for inmates to adjust to life outside. Political decisions and laws, like mandatory minimum sentences and debates over solitary confinement, also affect how prisons are managed. Additionally, poor conditions in many facilities, such as overcrowding, lack of maintenance, and inadequate healthcare, make it harder to manage prisons effectively. These issues can lead to violence, higher tension, and difficulty rehabilitating offenders, further complicating the management of correctional institutions. Provide a profile of the Canadian inmate population, including women and Indigenous inmates. The Canadian inmate population is diverse and faces many challenges. Most inmates are male, young, single, poorly educated, and have limited job skills. Many come from unstable backgrounds and dysfunctional families. Indigenous and Black people are overrepresented in prisons, with Indigenous people being incarcerated at a rate nine times higher than non-Indigenous people. Indigenous women are especially overrepresented, incarcerated at 15 times the rate of non-Indigenous women. Black people make up nearly 10% of the federal prison population, even though they are only 4% of the general population. Many inmates struggle with substance abuse, mental health issues, and violent offenses. They also have higher rates of diseases like HIV/AIDS and hepatitis. In particular, Indigenous and women inmates often face additional challenges, such as histories of abuse and higher health needs. The number of older inmates is also growing, and they tend to have chronic health problems. Many inmates also have mental disabilities, including Fetal Alcohol Spectrum Disorder (FASD), which adds to the challenges for correctional facilities. Overall, incarcerated individuals are often from marginalized and disadvantaged backgrounds. Identify special inmate populations and the challenges they present. 1. Indigenous People: Overrepresented in prisons, they often face trauma, substance abuse, and mental health challenges. 2. Black People: Also overrepresented, especially in federal prisons, and impacted by systemic racism. 3. Women Offenders: Many have experienced abuse, have mental health needs, and are often mothers or caregivers. 4. Elderly Inmates: Growing in number, they face chronic health issues and are vulnerable to harm from younger inmates. 5. People with Mental Disabilities: Many inmates have serious mental health issues, including FASD, which causes learning and behavior challenges. 6. Homeless Individuals: Many lacked stable housing before incarceration, complicating rehabilitation. Explain overcrowding in correctional institutions and its implications for staff, inmates, and treatment programs. Impact on Inmates: Limited access to rehabilitative programs, as spaces like classrooms and chapels are repurposed for housing. Increased time spent in cells, often resulting in double-bunking, which violates international standards. Heightened tensions leading to more assaults and violence among inmates. Impact on Staff: Overburdened correctional officers due to increased inmate populations. More frequent "serious incidents," creating safety risks for staff. Impact on Treatment Programs: Limited program availability means offenders may not complete essential treatments, such as those for sex offenders. Focus shifts from rehabilitation to population management. Describe the use of segregation, the issues surrounding this strategy, and three cases that changed its application. Idt he will ask this dufuq is it so specific for? Describe the recruitment and training of correctional officers, their role, activities, relationships, and sources of stress. Federal COs: Applicants go through tests, interviews, and psychological assessments, followed by 21 weeks of training. Special training is provided for those working with women inmates. Provincial COs: Each province or territory has its own hiring process. Training can vary, and some offer courses through colleges to improve job chances. Role and Activities of Correctional Officers COs maintain safety, enforce rules, and support inmate rehabilitation. They balance control with helping inmates access programs and deal with personal issues. Relationships with Inmates COs build trust and learn inmate behaviors to manage the prison environment. Showing respect to inmates often leads to better cooperation. Some COs may struggle with biases, especially toward certain types of offenders, like sex offenders. Stress for Correctional Officers  1. Overcrowding: Too many inmates lead to more conflicts and harder working conditions. 2. Workplace Culture: COs face pressure to stay loyal to each other, even if problems arise. 3. Emotional Strain: The job is mentally and emotionally tough due to violence and constant challenges. 4. Safety Risks: Managing dangerous situations creates daily stress. COs must handle these pressures while keeping order and supporting rehabilitation. Explain the dynamics of life inside prisons, including the inmate code, violence and victimization, and the experience of inmates. Inmate Code The inmate code is a set of unwritten rules inmates follow, such as: "Do your own time": Stay out of others’ business. No snitching: Reporting to guards is seen as betrayal. Pay debts: Honor agreements with others. However, the code is less followed today, especially by younger inmates, leading to more conflicts and less solidarity. Violence and Victimization Prisons can be dangerous, especially for vulnerable inmates like those convicted of sex crimes. Violence often occurs in overcrowded spaces, with younger inmates more likely to attack others. Friend groups based on race, sentence length, or shared history offer some security. Daily Challenges Prisoners face harsh conditions, including: Lack of privacy: Shared cells and facilities. Isolation: Some inmates spend up to 23 hours a day alone. Loss of autonomy: Strict schedules and limited freedom. For long-term inmates, adjusting to life outside can be difficult, as they become accustomed to the routine and security of prison life. Prison life is a mix of strict rules, constant challenges, and efforts to survive in a controlled and often hostile environment. Discuss offender classification, the role of risk/needs profiles, and case management. Offender classification is a process that determines the appropriate level of security and programs for an individual based on their criminal history, behavior, and sentence. Risk/needs profiles are then created to assess how likely an offender is to reoffend and identify areas where they need support, such as addiction treatment or educational programs. Case management uses these profiles to develop a personalized plan for each offender, setting goals and placing them in programs that address their specific needs. This process aims to improve rehabilitation outcomes while ensuring the safety of both the offender and the community. Evaluate the effectiveness of correctional treatment programs. The effectiveness of correctional treatment programs varies depending on several factors, such as the type of program, the offender's needs, and the quality of implementation. Programs focused on education, vocational training, substance abuse treatment, and cognitive-behavioral therapy have been shown to reduce recidivism rates by addressing the root causes of criminal behavior. However, the success of these programs relies heavily on the offender’s willingness to participate and the availability of adequate resources and qualified staff. Programs that are tailored to individual needs and are evidence-based tend to be more effective. While some correctional programs show positive outcomes, challenges such as overcrowding, underfunding, and inconsistent program delivery can limit their overall success. The Panopticon and Panopticism What are the main goals of the Panopticon? The main goals of the Panopticon, a prison design proposed by philosopher Jeremy Bentham, are surveillance, control, and discipline. The design allows a single guard or authority figure to observe all inmates without them knowing when they are being watched. This creates a sense of constant surveillance, which aims to encourage self-discipline and conformity among prisoners. The Panopticon is intended to reduce the need for physical punishment by using the power of observation to ensure inmates behave according to institutional rules. Ultimately, the goal is to foster a sense of perpetual monitoring, leading prisoners to regulate their own behavior, which Bentham believed would be more effective and efficient than direct supervision or coercion. Describe the architecture of the Panopticon and its role in controlling prisoners. The Panopticon is a type of prison designed to allow a single guard to watch all prisoners at once. It has a central tower in the middle of a circular building, with cells arranged around it. The guard in the tower can see into every cell, but the prisoners cannot see the guard. This makes prisoners feel like they are always being watched, even if they are not, and forces them to behave at all times. The idea is that constant surveillance, even if it's not always visible, will control prisoners' actions without needing physical force. Explain the tools used for prisoner control inside the Panopticon. In the Panopticon, the main tool for controlling prisoners is surveillance. The design of the prison ensures that a single guard, placed in a central watchtower, can observe every prisoner in their cell without being seen. This constant potential for being watched is the key tool, as prisoners are forced to behave at all times, knowing they might be under observation, even when they cannot see the guard. This psychological pressure replaces the need for physical force or constant intervention, controlling prisoners through the fear of surveillance. The architecture itself — the central tower and the way the cells are arranged — enforces this control by making surveillance possible at all times. Define Panopticism. Panopticism is a concept developed by philosopher Michel Foucault, referring to a system of surveillance and control where individuals are constantly being watched or have the potential to be watched at any moment. It is based on the idea of the Panopticon, a type of prison design where a central watchtower allows a single guard to observe all prisoners without them knowing when they are being watched. Panopticism goes beyond prisons, influencing various social institutions such as schools, hospitals, and workplaces, where constant observation shapes behavior. The idea is that the fear of being watched makes people regulate their own actions, leading to self-discipline and control. Questions Based on Ashley Smith: Out of Control (2010) - The Fifth Estate 1. What led to Ashley Smith's initial incarceration, and how did her sentence extend over time?  ○ Ashley Smith was first incarcerated at age 13 for a series of minor offenses, including throwing things at postal workers. Her sentence kept extending because of her frequent self-harm and disruptive behavior in custody, leading to her being transferred between multiple facilities. 2. How did the correctional system respond to Ashley Smith's self-harming behaviors, and what were the outcomes? ○ The correctional system primarily responded to her self-harming by placing her in solitary confinement instead of providing adequate psychological care. This worsened her mental health, and her self-harm escalated. 3. What role did solitary confinement play in Ashley Smith's mental health and behavior? ○ Solitary confinement severely impacted her mental health, leading to increased isolation, distress, and worsened self-harming behaviors. It contributed to a cycle of deterioration in her emotional and psychological state. 4. What were the consequences of correctional staff adhering to orders about intervening during Ashley Smith’s self-harm incidents? ○ Correctional staff were instructed to avoid intervening in Ashley's self-harm incidents unless it was life-threatening. This lack of immediate care contributed to her worsening mental state and ultimately to her death. 5. How did the public and media react to the release of footage showing Ashley Smith's treatment in custody? ○ The footage sparked public outrage and led to widespread criticism of the correctional system. Many felt that her treatment was inhumane and that the system had failed to provide her with adequate care. 6. What systemic issues within the Canadian correctional system were highlighted by Ashley Smith's case? ○ Her case highlighted problems such as the overuse of solitary confinement, inadequate mental health care, and the failure of the correctional system to address the needs of vulnerable individuals, particularly those with mental health issues. 7. Why were correctional staff ordered to reduce the frequent "use of force" during Ashley Smith's self-harm episodes? ○ The use of force was ordered to be reduced to avoid exacerbating her self-harm and to prevent injuries. However, this order was controversial because it did not address the underlying mental health issues causing the self-harm. 8. What was Ashley Smith's psychiatric or psychological diagnosis?  ○ Ashley Smith was diagnosed with several mental health issues, including depression, anxiety, and borderline personality disorder. Questions Based on An Eye for an Eye (CNN) 1. Describe the key events involving the main character in this video. ○ The main character, a victim of violent crime, seeks retribution for the harm done to them. The video follows their pursuit of justice and how the justice system handles the case. 2. What kind of punishment did the victim request from the court, and how is this type of punishment classified? ○ The victim requested a punishment that mirrored the crime, known as "retributive justice," where the offender experiences consequences proportionate to the harm caused. 3. What action did the victim specifically want to take against the offender? ○ The victim wanted the offender to suffer a similar fate to what they endured, essentially a form of revenge or direct retribution. Questions Based on Norwegian Prisons 1. What is the central philosophy of punishment used in Norway, and how does it reflect their approach to rehabilitation? ○ Norway’s prison system focuses on rehabilitation rather than punishment. The central philosophy is to treat prisoners with dignity, provide educational and vocational training, and prepare them for reintegration into society upon release. Questions Based on Foucault’s Panopticon: The Inspiration for George Orwell's 1984 1. What is the central concept of the Panopticon, and how does it function as a system of control? ○ The Panopticon is a prison design where one guard can observe all prisoners without them knowing when they are being watched. It functions as a system of control by making prisoners regulate their own behavior, fearing constant surveillance.  2. How does Foucault use the Panopticon as a metaphor for modern society? ○ Foucault uses the Panopticon to illustrate how modern societies rely on surveillance and self-discipline to maintain control, where people govern their own behavior because they believe they are always being observed. 3. What parallels can be drawn between Foucault's Panopticon and Orwell's depiction of Big Brother in 1984? ○ Both Foucault’s Panopticon and Orwell’s Big Brother represent forms of power that operate through surveillance, making individuals conform to societal norms by instilling a fear of constant observation. 4. Why does Foucault consider the Panopticon a more effective form of power than physical punishment? ○ Foucault argues that the Panopticon is more effective because it creates the illusion of constant surveillance, making people regulate their own behavior without needing physical punishment. 5. In what ways does the Panopticon influence social structures beyond the prison system? ○ The concept of surveillance and self-regulation, seen in the Panopticon, influences modern social systems like schools, workplaces, and even digital surveillance where individuals control their actions due to the fear of being watched. 6. How does the concept of self-surveillance connect to modern technologies? ○ Modern technologies, such as smartphones, social media, and online tracking, create systems where individuals are constantly surveilled, leading them to regulate their own behavior as if they are always being watched. Questions Based on Inside the World's Biggest Prison: El Salvador’s War on Gangs | Full Documentary 1. What was the primary reason for El Salvador’s government constructing the mega-prison for gang members? ○ The government built the mega-prison to segregate and control gang members, aiming to reduce gang violence by isolating them in a highly secure facility. 2. How does the prison design reflect the government's approach to handling gang violence?  ○ The prison design is meant to maximize control over gang members, with strict security measures and isolation to prevent communication and influence between inmates. 3. What are some of the human rights concerns raised about the conditions inside the prison? ○ Concerns include overcrowding, inhumane treatment, lack of adequate health care, and the potential for abuse and violence within the prison due to its harsh conditions. 4. How has the public in El Salvador reacted to the government’s approach to tackling gang violence? ○ Public reaction is mixed. Some support the tough stance, believing it will reduce violence, while others criticize it for violating human rights and failing to address the root causes of gang involvement. 5. What are the potential long-term implications of El Salvador’s approach to gang violence for its justice system and society? ○ Long-term implications could include further human rights violations, increased social unrest, and the marginalization of certain groups. It may also fail to address the underlying social and economic issues contributing to gang violence.