Crim 3A - Court and Prison Systems PDF

INTRO TO CRIMINOLOGY WEEK 3A: COURT AND PRISON SYSTEMS HIERARCHY OF CANADIAN COURTS Courts in Canada are divided into provincial/territorial courts and federal courts Courts are also organized into a hierarchy with lower courts abiding by the decisions of courts at higher levels THE...

INTRO TO CRIMINOLOGY WEEK 3A: COURT AND PRISON SYSTEMS HIERARCHY OF CANADIAN COURTS Courts in Canada are divided into provincial/territorial courts and federal courts Courts are also organized into a hierarchy with lower courts abiding by the decisions of courts at higher levels THE CANADIAN COURT SYSTEM ABORIGINAL COURTS Aboriginal courts also exist within the court structure Established so that special consideration could be given to the adverse background conditions of Aboriginal offenders One of the goals of these courts is to reduce Aboriginal over-representation in the criminal justice system ABORIGINAL OVER- REPRESENTATION Refers to the disproportionate number of Aboriginals involved in the criminal justice system Aboriginals make up approximately 3% of the Canadian population, but account for 17% of adults admitted into remand Over-representation is more severe in the Prairie provinces COURTS AND THEIR INFLUENCE ON LAW Courts have the power to ‘test’ and amend (Set Precedent) Law Constitutionality is the only reason a court can strike down a law Since 2014, at least 8 laws have been struck down by Canadian Courts Gun Laws - MMS Prostitution Citizenship Ceremonies Assisted Suicide Time Served Sentencing Health Care for Refugees Safe Injection Sites THE PURPOSES OF SENTENCING Sentencing is defined as the judicial determination of a legal sanction upon a person convicted of an offence (Canadian Centre for Justice Statistics, 1997) Sentences are meant to accomplish any number of a variety of goals: – Specific deterrence – General deterrence – Denunciation – Incapacitation – Reparation – Rehabilitation THE PRINCIPLES OF SENTENCING The fundamental principle of sentencing states that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender Judges must also: – Consider aggravating and mitigating factors (discretion) – Use comparable sentences for similar offenders committing similar crimes (equality) – Use alternatives to incarceration if at all possible (diversion) SENTENCING OPTIONS IN CANADA Absolute or conditional discharge Probation Restitution Fines and community service Conditional sentence Imprisonment SENTENCING DISPARITY Sentencing disparity refers to variations in sentences handed down by different judges (or the same judge on different occasions) for similar offenders committing similar offences (McFatter, 1986) Unwarranted sentencing disparity results from a reliance on extra-legal (i.e., legally irrelevant) factors These factors can be categorized as: – Systematic factors (e.g., how lenient judges believe sentences should be) – Unsystematic factors (e.g., the mood of the judge on any particular day) ARE THE GOALS OF SENTENCING ACHIEVED? Deterrence Vs. Rehabilitation Deterrence – Notion that people will be persuaded away from crime by threat of punishment Tougher punishment = More deterrence = Less Crime Rehabilitation – Attempt to heal and empower offenders to rejoin and function in society Increased Rehabilitation = Less recidivism = Less Crime PRINCIPLES OF EFFECTIVE CORRECTIONAL INTERVENTION Canadian researchers have led the way in establishing principles of effective correctional intervention (Andrews & Bonta, 2006) Important principles include: Need principle – effective intervention targets criminogenic needs Risk principle – effective intervention targets high-risk offenders Responsivity principle – effective intervention matches the general learning styles and characteristics of offenders CULTURE OF CONTROL Penology in the 19th and 20th century were dominated by principles of parsimony and rehabilitation into society as a productive person (worthy of respect) The late 20th century began to see an increasing emphasis on punishment through incarceration/incapacitation that was not anchored by proportionality. This has resulted in a substantial increase in incarceration rates INCARCERATION IN CANADA  From 1989-90 to 1994-95 the federal prison population grew by 22%.  Over the same period, the average provincial prison population grew by 12%.  Notice the level of violent crime (as most serious) INCARCERATION PER 100,000: 2014  INCARCERATION IN CANADA http://www.cbc.ca/news/canada-s-prison-population-at-all-ti me-high-1.2440039 Spending grown by 23% while crime rate has fallen 23% The statistics show that: 20% inmates is over age 50. The average level of education is Grade 8. 80% of offenders have addiction or substance abuse problems. 80% of federally sentenced women have been sexually abused. Almost half of all offenders required mental health care in the past year. CULTURE OF CONTROL  The greater use of incarceration is part of an over-arching strategy to “minimise risk”.  The strategy assumes that society is safer if the criminal element is contained and quarantined from the ‘normal’ element  If the criminal cannot be reformed or deterred from crime, at least they should be detained or “warehoused”  Criminals are often assumed to be “hardwired” for crime under this strategy PAROLE IN CANADA Parole involves: – Conditional release into community – Rehabilitation – A high degree of supervision – Return to prison if conditions are breached MYTHS CONCERNING PAROLE Parole reduces sentence time Parole is automatically granted when inmates become eligible Parole is granted if remorse is shown Offenders released on parole frequently re-offend Victims do not play a role in parole decisions  PAROLE DECISION MAKING Decisions are made by members of Canada’s National Parole Board (NPB) Offenders become eligible for parole after serving the first third, or the first seven years, of their sentence A formal hearing takes place between the offender and the NPB and a formal risk assessment is conducted This risk assessment includes an examination of: Criminal history Mental status Performance on earlier releases Information from victims Institutional behaviour Feasibility of release plans, etc. THE EFFECTIVENESS OF PAROLE The NPB (2009) indicates that offenders let out on parole are less likely to breach conditions or commit new offences compared to offenders let out on statutory release All but most violent offenders are paroled back into society after 2/3 sentence. Allows surveillance of offender in community Can compel offender to meet parole officer and attend rehabilitation programs. CONCERNS FOR CANADIAN CRIMINOLOGISTS Courts Mandatory Minimum Sentences Sentencing Practices (racism/sexism) Activist Judges v Law Makers Prisons Tough on Crime outcomes Overpopulation Increased violence Financial Costs Over representation of Aboriginal Peoples Abolitionism Growing concern over mental health warehousing (almost 50%) MINI ESSAY https://globalnews.ca/video/4557355/goodale-s ays-bill-c-83-an-entirely-different-approach-to-c orrections-2 Liberal Government introduced bill c-83 to undo some of the more punishing characteristics of the previous conservative government’s “tough on crime” prison regulations. What are your thoughts on the changes they are discussing in this clip?