1
Q
What are the 4 levels of policing ?
A
- Federal (RCI)
- Provincial (3 provinces have their own police force : Ontario, Quebec, Newfoundland and Labrador)
- Municipal (Ottawa police)
⅔ of all police - First Nations police
2
Q
What are the roles of police
A
- Fighting crime
- Crime prevention (reduce it, educate about it)
- Law enforcement (¼ of officers duties)
- Order maintenance (Majority of officers time) / preventing disturbances.
- Public order policing. Maintaining rights of protestors, government and society (for big events)
- Emergency response (natural disaster etc)
- Assistance to victims : Providing resources, protection, attending courts
3
Q
What are the 2 methods of calling a suspect to court for police and what are the consequences to forgoing attendance ?
A
Appears notice : a document requiring individual to appear at court on a certain time in a certain place to respond to criminal charges
- Given before they have been charged
Summons : Official notice requiring individual to appear in court at a specific time / location to respond to criminal charges
- After they’ve been charged
Consequences of absence: Judge can issue a warrant for arrest and can be charged for failure to appear in court
4
Q
What is discretion and how is it used ?
A
Def : the ability of officers to make decisions based on their own judgment
Applications :
- Whether or not to charge
- Whether or not to use lethal force
- If a situation is dangerous
- Whether or not to arrest someone
Doctrine of plain sight
5
Q
Why are people with mental health issues disproportionately met with lethal force ?
A
- Responses are based on the assumption that the individual is rational (Command and demand approach)
- Police are rather quick to react rather than to de-escalate
- Preconceived notions about people with mental illness
- Lack of training
6
Q
Describe the evolution of criminal law
A
- King Henry II established British common law (judges traveled to make decisions and reconvene and decide on the best way to manage on the future)
- Based on stare decisis = doctrine of presidence : Bound by prior decisions and decisions of other court.
- Ensures that decisions are more uniform and predictable. Reduces bias (ideally)
- Rule of law : No one is above the law (status is irrelevant). Based upon the doctrine of magna carta
7
Q
Rape laws Pre-1983 : What was required to constitute a rape ?
A
- Victim had to be female
- Accused had to be male
- The complainant and the accused could not be married to each other
- Sexual intercourse must have occured
- Doctrine of recent complaint (Report at the first reasonable opportunity - would otherwise impact her credibility)
- Victims sexual history could be brought up in court
- Implied consent could be accepted as defense
- Subjective consent (drinking, body language, revealing clothing, etc.)
- Extreme intoxication could be used as a defence
8
Q
After B-C127 (1983), how was the definition of rape changed and what is stealthing
A
- It was abolished and replaced with sexual assault (reflect the violent nature + broaden offense)
Stealthing : - Removing a condom during sex without consent is sexual assault
- No longer meets legal grounds for consentual sex (2022)
Possible sex offender registry (SOR) for all levels, time on SOR can vary
9
Q
Describe sexual assault level 1
A
- Involves minor physical injuries or no injuries to the victim
- Hybrid offense (summary or indictable treatment)
- Max sentence : 18 months in jail (if treated as a summary offense)
- Max sentence : 10 years in jail (if treated as indictable)
10
Q
Describe sexual assault level 2
A
Involves the use of weapon, bodily harm or threats of violence
Max sentence : 14 years in jail
11
Q
Describe sexual assault level 3 (aggravated assault)
A
Involves wounding, disfiguring or endangering the life of the victim
Max sentence : Life
12
Q
Requirements for SA after B-C127
A
- Sex of accused and complainant was revised (all genders and sexes can be either)
- Spousal immunity terminated
- Sexual intercourse no longer required
- No statute of limitations
- Rape shield law introduced (no longer allowed to introduce victim’s sexual history as evidence)
- Distinctions between implied and actual consent were made
- Extreme intoxication is no longer accepted
13
Q
Elements necessary for a crime - Mens rea (guilty mind) is the result of what?
A
Negligence : Failing to take steps that a reasonable person would take
- Crime of commission (leaving kids in car)
- Crime of omission (Not giving child with medicine when injured)
Recklessness : acting in a way they know is reckless and that any reasonable person would not take
Willful blindness : Person is aware that a crime is being committed but chooses to ignore the facts
14
Q
Elements necessary for a crime - Actus reus (the guilty act) is the result of what?
A
Crimes of commission
- Murder
Crimes of ommission (failure to act)
- Tax fraud
15
Q
What is an alibi ? Can they legally be fabricated ?
A
The accused claims there is evidence as to why they could NOT have committed the crime
Must be…
- Adequate : must contain details that can be crosschecked
- Timely : Must be stated well before the trial to ensure it’s accuracy
A fabricated alibi can be used against the defendant when determining the verdict
16
Q
What is the lowest and highest minimum age of criminal responsibility? What is it in Canada?
A
Minimum age of criminal responsibility
- In Canada, 12 yrs old.
- Lowest age for criminal responsibility - Australia and England (10 yrs)
- Highest age for criminal defense - Argentina (16 yrs)
17
Q
What is an excuse defense ?
A
A crime was committed but the conduct can be excused because the defendant lacked the mens rea
- Not developed enough mentally
- Actus non nisi mens sit rea (An act does not make a person guilty unless there is a guilty mind)
18
Q
Describe the excuse defense NCRMD
A
As a result of a mental disorder an individual is incapable of understanding their actions or of knowing the act was wrong
- Person can be deemed NCRMD even if their actions are planned and deliberate
- They do not get a criminal record
- They get sent to a mental health hospital and the focus is on rehabilitation
- INDETERMEDIATE SENTENCE (don’t know if or when)
- Released when they no longer pose a threat to society
- A review board has jurisdiction over the individuals
19
Q
Why is NCRMD controversial?
A
- May not be convinced by doctor diagnosis
- Fear there of malingering (people faking mental illness)
- Illness not visible to jury
- Know people with mental illness who wouldn’t commit the act
- Fear of mental health slip
NCRMD have a lower rate of re-offending (recidivism) because the crime was committed as the result of psych disorder that can be treated
20
Q
Describe the excuse defense of automatism
A
The defendant commits an offense due to impaired conciousness in which they lost voluntary contril over their body
- Must be very strong evidence (sleepwalking, night terrors, severe medical condition)
- Voluntary intoxication is not a defense
Involuntary intoxication is
Self induced extreme intoxication
- Must be from mind altering drugs
- Supreme court recognises that alcohol alone will almost never lead to this extreme intoxication
21
Q
Describe the excuse defense “mistake of law”
A
The defendant claims they were unaware of the law and therefore unaware that they’d committed a crime
- Typically not applicable (ignorance of the law is no excuse)
- Smoking in a new area where smoking is illegal when it was legal in his town
22
Q
Describe the excuse defense of “mistake of fact”
A
Defendant states that they were aware of the law, but they honestly believed they were not breaking it
- Taking sunglasses you genuinely believed were yours (theft but not intentional)
23
Q
Describe the youth criminal justice act
A
- Youth in Canada : 12-17
Determines how to respond to youth
First degree murder : - Max for youth : 10 years (6 years in custody and 4 yrs in the community)
- 25 yrs for adult
Second degree youth : 7 yrs (4 in custody and 3 in the community) - After 18 yrs old : held to full criminal responsibility
- Youth who commit a serious and violent offense can be sentenced as an adult if 14 or older
24
Q
What is a justification defense
A
The accused admits to comiting an offense but argues that the act was justified
25
Describe the justification defense of consent
The accused contends that the victim was a willing party in the offense (agreement to fight, full contact sports)
- Age of consent for sexual activity : 16 in Canada
- Close in age exceptions : for ages 14-15 , can consent if individual is less than 5 years older than them.
- For ages 12-13, can consent if individual is 2 years older or more.
- If in context where age is reasonably assumed, person would not get convicted
26
Describe the justification defense of duress
Accused claims that they involuntarily commited an offense because they (or family / friends) were being threatened with present, or future harm
- Ex : “Rob this bank, or I’ll shoot you”
- Ex : Forcing someone to help dispose of a body
27
Describe the justification of necessity
Accused claims they voluntarily comitted an offense to prevent a greater harm from happening
- Does not apply if killing to canibalise to not die of hunger
- Ex : Speeding because wife in labour
28
Describe the justification defense of self defense
Accused argues that they inflicted harm on another person to protect themselves or others
- Threat must be imminent
- Only reasonable force is used
29
What is battered woman syndrome and what case inspired it?
R. v. Lavallee - Angelique Lavallee was being abused by her partner, she hid in the closet and he hit her, he gave her a shotgun and told her to use it. She shot him while he was walking away.
- Battered woman syndrome defense (falls under self defense) is an act of violence that arises in a situation of domestic abuse
- Must be ongoing
30
Describe the justification defense of entrapment
When the police use leading or manipulative techniques to induce an individual into carrying out an offense
- Providing opportunity is not entrapment
- Inducing an individual to commit an offense they would not have otherwise is entrapment
31
Describe the justification of provocation
The accused claims they were provoked into a violent reaction (adultry, insults, racism, etc.)
- Applied until 2015
- Changes : _the provoking act must be an indictable offense_
- Can only apply if the crime of second degree - murder is what was provoked
- _Partial defense : the charge of second degree murder is reduced to manslaughter_
32
What is police interrogation and what are it's purposes
When police bring in an individual, for questioning
- Main : To get a confession from the suspect
Other :
- To provide police with incriminating statements
- Discover stolen property / victims
- To identify accomplices
- To indicate suspects involvement in other cases
33
Explain legal representation during interrogations
- Do not have the right to have a lawyer present during
- Legal consult beforehand allowed.
- After legal consult, interrogation begins
- Lawyers allowed to be present if minor is being interrogated
34
What are some rights of the suspect and restrictions of the interrogator ?
- Suspect can choose to remain silent (police can continue to question them)
- Lies during interrogation are obstruction of justice
- Police are allowed to lie during interrogation
- Cannot fabricate evidence
- Accused does not have to provide a DNA sample (need warrant or consent)
- Polygraph is not admissible in court (must be voluntary)
- Police not required to record interrogations in Canada
35
List the interrogation strategies
1. Conditioning strategy
2. De-emphasizing strategy
3. Persuasion strategy
36
Describe the conditioning strategy
Interrogator encourages the suspect to relax and trust the interrogator
- (voice, body language, making personal connections, offering food, informal small talk, telling them you're on the same team)
37
Describe the de-emphasizing strategy
Encourages the suspect to think about others
- (how this situation will impact others, having empathy for others). Goal is to make the suspect feel empathy
38
Describe the persuasion strategy
To encourage the suspect to talk so that their side can be heard
39
What are the different policing eras and when did they happen?
Pre modern (before 1820)
Political era (1820-1940)
Professional/ traditional era (1940 - 1980)
Community policing era (1980 to present)
40
Describe the pre-modern era (before 1820)
- Established by Indigenous people as a response to wrongdoing
- Disputes resolved by tribal leaders
- Varies according to region (different concepts of reconciliation and healing)
- Often used the restorative approach
- Shame and ostracism as a preventative measure
- Some harsher punishment (death sentence and banishment)
41
Describe the political era (1820-1940)
- Politicians were central in police services
- Mayors and council members often directed chief of police according to their will
- If chief didn’t comply, they could be replaced
- Officers wouldn’t stay long in the field (low morale)
- Based on French and English municipal services
- Inconsistent and mostly only in small towns
- Municipal police officers were poorly trained, overworked and lacked benefits, responded to minor offenses
- Provincial police meant to ensure sovereignty
42
Describe the professional era (1940-1980)
- Gradually replaced political
- Objective, reliant on science, and free from political interference
- Used new tech (communications)
- Standardization (fixed hours, equipment, detention practices) and training makes service consistent. Less individual variation
- Some officers were represented by police unions
43
Describe the community policing era (1980-present)
- Police advisory boards were established
- Focus on citizen involvement, problem solving approach (preventing crime), decentralization (decision making closer to the front lines, patrols done on foot/bike)
- Not favored by most officers (prefer traditional approach)
- Best in healthy neighborhoods vs. unhealthy (have low trust in police)
- Challenges : changes in crime due to tech, policing becoming more expensive
44
What is a wrongful conviction and what is the #1 reason people are wrongfully convicted of crimes
Innocent people convicted of commiting crimes
#1 reason : eye witness testimony
45
Why are eye witness testimonies so unreliable?
- Memories are unreliable
- May not remember correctly
- Stress decreases reliability
- Suggestibility / Suggestive interviewing
- Bias (descriptions based on preconcieved notions)
- People are not as good at identifying people of a different race / ethnicity
- Memory fades over time
- Vision (distractions, difficult lighting)
- Substances
- Weapon focus
46
Describe the phenomenon "weapon focus"
In the presence of a weapon, we focus on it instead of the individual holding it
47
What are the types of false confessions?
Voluntary false confession
- Person voluntarily confesses to a crime without any pressure from the police
- - Protecting someone (family, friends, etc.)
- - Out of fear (threats from criminal)
Coerced Compliant false confession
- Individual confesses because of…
- An intense interrogation
- - Length of interrogation (fear, tired, isolated, hungry, etc.)
- - Raising their voice, in your bubble, outnumbered
- The use of lies
Coerced-internalized false confession
- An individual confesses because they falsely come to believe they are guilty
- - Intoxication
- - Mental health issues
- - Influence of authority
48
Describe the "Lost in the mall expirement"
Told person their parent had told them of childhood events (3 true, one lie)
- Lie = you got lost in a mall by the pet store
- Participants who believed added extra details
- They remained confident in the reality of the fabricated memory after being informed of the experiment
49
What are the 4 levels of criminal court in Canada
Provincial
- ALL court cases start here
- Treats summary offenses
Superior Court
- More serious offenses are heard (indictable)
Court of appeals
Supreme Court of Canada
- In Ottawa near parliament
- Makes final decisions for cases all over the country
- Highest level
50
What is the most common criminal case ?
- Impaired driving
- Then theft
- Then assault
51
What is a publication ban ?
A court order that prohibits anyone from publicly sharing info from the case that could reveal any participant in the trial
- Includes judge, lawyer, court staff, journalists and victim
- Sexual assault victim WAS charged for breaking the ban
- Max 4000$ and 2yrs jail time
- Case is still not secret (public is still allowed in)
- Used if it involves a youth, sexual assault, involvement of undercover officer
52
What change(s) did Bill S12 bring to publication bans and why was this change made
Bill S12 : allows optional bans for sexual assault victims
Why : The Retea Parsons case - sexual assaulted by many boys. One took a photo of her being penetrated while throwing up out a window and posted it. She killed herself and parents broke the ban until the bill was introduced
53
What does it mean to "prove beyond a reasonable doubt" that a person is guilty of a crime?
They must prove the presence of the guilty act, guilty motive, men's rea and actus reas (they happened at the same time)
54
What is judicial interim release?
When a person is charged with a criminal offense is released from custody while awaiting their trial
55
What would occur if a person was granted vs. denied bail
If bail is granted, they are released with or without conditions
- Curfew
- Can’t leave the home/country
- No communicating with associates
If bail is denied, the accused is remanded into custody and returned to jail
56
Why would someone be denied bail
- Their presence could cause more harm to the community
- Risk of flight - They’ll leave and won’t go to court
- Release would undermine public confidence in the criminal justice system
57
What are the types of judicial interim release
Recognizance without deposit (promise to appear)
- Individual does not have to put money upfront, if they breach the conditions of their bail or don’t appear in court, they would have to forfeit the money
Recognizance with deposit
- They leave the money with the court to ensure their conditions aren’t breached and accused appears in court (they wouldn't get their money back if breached)
- 2700$ is the average amount that is deposited
Recognizance with a surety
- A person approved by the court to supervise the accused and ensure that they follow conditions and attend court as required
- If the surety fails at making the accused fulfill their conditions, the surety must forfeit money
58
What is an arraignment
The accused appears before a judge, is formally informed of the charges against them, and asked to enter a plea (guilty or not guilty)
59
Describe the possible outcomes of an arraignment and what the most likely outcome is
Guilty plea : a sentencing date is set. A date to determine the appropriate punishment/sanction is set
Not guilty plea : a preliminary hearing or trial date is set
90% plead guilty
60
What is a preliminary hearing
Court proceeding to determine whether or not there is enough evidence to go to trial
- The crown and defence can present evidence and question witnesses
- The crown does NOT have the burden of proof
- Reserved for indictable offenses punishable by 14+ years of imprisonment
61
What is the purpose of a preliminary hearing
1. To avoid placing a person on trial unnecessarily
2. Gives the accused the opportunity to see the case against them
62
What is a plea bargain
An accused agrees to plead guilty in return for some kind of benefit
63
What are the types of plea bargain
_Charge bargain_ : Defendant pleads guilty to a less serious crime than the original charge
_Count bargaining_ : Defendant pleads guilty to get the prosecution to drop some of the charges against them
_Sentence bargaining_ : Defendant pleads guilty in exchange for a lesser sentence
_Procedural bargaining_ : Defendant pleads guilty to have their hybrid offense treated as a summary offense instead of an indictable offense
64
What are the advantages of a plea bargain
- Can encourage quick closure of case, reduce backlog and increase efficiency
- Ensures a conviction, that the criminal does get punished
- Evidence to convict accomplices
Saves money
- Spares the victims of being re-victimized at trial
- Reduce stress and inconvenience
65
What are the disadvantages of a plea bargain
- Allows criminals to “get away” from their conviction
- Lead victims to feel betrayed, they have no say
- Society’s role is revoked
- Can shake confidence in the justice system
- Can lead to wrongful convictions
- Plea bargain can’t be taken back
66
When is a trial by jury required ? What are the requirements for a trial by jury ?
Mandatory for murder cases
Requirements
- 18+ yrs old
- A canadian citizen
- A resident of the province / territory
- Have a record of an indictable offense
67
Who is exempt from jury duty (professions)
Police officers
- Lawyers
- Criminologists
- Politicians
- Doctors and vets (who are actively practicing)
- Army on active service
- Law students
- Firefighters (who are actively employed)
68
Can you ignore a jury summons ? Why?
You cannot simply ignore a jury summons because it is your civic duty
- It’s a crime to not go and they could be fined up to 250$
69
For what reasons can you be exempt from jury duty
- Being a full time student
- Becoming the sole provider to your family
- Medical exemption / permanent disability
- If it would cause too much financial hardship
- If you’re out of the country / if you plan to be out of the country
- Language barrier
- Over 65 yrs old
70
How does jury duty affect the jurors job
- An employer cannot fire their employee for going to jury duty because it is a canadian civic duty and can’t be demoted (applies for jury selection and preliminary hearing)
- Employer doesn’t have to pay the juror during their service on jury duty
- Jurors get paid depending on where they are
71
How much are jurors paid in Canadian provinces
- Ontario : nothing days 1-10. Days 11-49, they make 40$ a day. Days 50+ they make 100$
- BC : days 1-10, they make 20$. Days 11-49, they make 60$. Days 50+ they make 100$
- Manitoba : nothing days 1-10, days 11+ they make 30$
- Saskatchewan : 80$ a day
- Quebec : days 1-56 they make 103 $. Days 57+ they make 165$
- Newfoundland and Labrador : Jurors aren’t paid but employers must pay full wages
72
What is important in jury selection
- Randomly chosen potential jurors (from potential voters list in Ontario)
- Potential jurors recieved a jury summons telling them where to be when
- The jury panel congregates at the courthouse and is questioned (still potential jurors)
- Jurors must be impartial and without bias
73
What is a challenge for cause in jury selection
A lawyer may challenge potential jurors because they believe the juror is biased or can’t serve for another reason
- They must state a specific reason
- It is up to the judge to make the final decisio
74
What is a peremptory challenge in jury selection
Either side can get rid of a potential juror without giving a reason
- If the case is for first degree murder, each side has a maximum of 20 peremptory challenges
- For all other offenses they both have a max of 12 peremptory challenges
75
Why and when we're peremptory challenges abolished in Canada
When : 2019
Why : Colten Bushi case ended up with an all white jury because peremptory challenges were used on fellow indigenous people
76
What is the necessary amount of jurors and why are there sometimes more ? Describe the role of the extra jurors
12 jurors are needed
Sometimes, there are more to be alternates in case one needs to be replaced.
- The alternates are not informed that they are alternates so that they are required to pay attention
- They find out when it is time for deliberation, they are then discharged
77
What happens when the jury can't come to a decision the first day of deliberation?
If the results aren’t unanimous in a mistrial because of a hung jury
If a jury cannot reach a verdict by the end of the day, they don’t get to go home, they will get _sequestered_ → sent to their hotel and will resume deliberations the next day
78
What is the jury's role in sentencing
The jury plays no role in sentencing except for when a person is found guilty for second degree murder (jury can make a recommendation for parole)
79
Why couldn't a juror discuss the details of the deliberation after the trial
In the jury sentencing rule : the jury is prohibited from discussing the deliberation and sentencing of the case.
- They could be charged with contempt of court
This includes mental health professionals who the jurors employ
80
What did Bill S-206 change and when
Bill introduced in Jan 2023
- Jurors are no longer prohibited from speaking to a professional after the trail
81
What is jury nullification
Occurs when a jury returns a not guilty verdict even though they believe that the defendant has beyond a reasonable doubt, broken the law because they believe the law that was broken is unjust and unfair.
- Defence lawyers cannot allude to the possibility juries must be aware of this power
82
What is an intermittent sentence and what for what reasons do people get them
Served on the weekends or If not serving during weekends, individual would receive some restrictions
- Reserved for custodial sentences of 90 days or less (incarceration)
Why you could get one
1. Age
2. Lack of record
3. Other children or job
4. Cooperative
83
Define an aggravating or mitigating factor
Aggravating factors (about case or individual), that would cause a judge to give a harsher sentence
Mitigating factors (about an individual or the case) that would encourage the judge to hand down a less severe sentence
84
List aggravating factors
- Significant physical injury to the victim
- Past offences
- Planned offense
- Vulnerable victim (child, elderly, disability)
- Damage to the victims aside from physical injury (financial loss, mental health)
- Hate crimes
- The offender was a trusted person (Mentor, boss)
- If there are numerous victims
85
List mitigating factors
- Cooperation with the police
- If you are a youthful/elderly offender
- No criminal record
- Out of character
- Showing remorse
- Being the sole caregiver/provider
- Result of addiction
- Person enters a guilty plea
- Improved behavior since the incident (rehab, therapy, etc.)
86
Name some advantages and disadvantages of mandatory minimum sentences
Advantages
- Removes the judges discretion
- Deters certain crimes
Disadvantages
- No one commits a crime thinking they’ll get caught
- Threatens individualised justice
- Judges can’t consider the variables of the individual case (mitigating factor)
- Shifts the power away from the judge and to the crown prosecutor
87
Why don't scared straight programs work
Research shows that these programs may have the opposite effect
Their environment doesn’t change, the root of the problem is not addressed
88
List the 9 of sentencing options
Absolute discharge
Conditional discharge
Suspended sentence
Community service
Fine
Restitution
Probation
Conditional sentence
Custodial sentence
89
Describe the sentences absolute discharge, conditional discharge, suspended sentence
Absolute discharge
- No conviction and there is no record
- Only stays on your record for one year, then disappears
- Used with younger people, first time offenses, very minor crimes
Conditional discharge
- Must fulfil certain conditions (volunteer hrs, etc)
- Once conditions are fulfilled, the conviction disappears
- On your record 3 years
Suspended sentence
- You must fulfill conditions, and no jail time will follow
- Do get a record
90
Describe the sentences community service, fine and restitution
Community service
- Do get a record
Fine
- Money paid to the court
- Fine option programs in some provinces for people without the money to pay
- - Government run form of community service
- - Ontario, BC and Newfoundland don’t have one
- 5000$ max for summary offense
- No limit for indictable
Restitution
- Offender repays the victim for inflicted harm
- Can be in the form of kind (a service for the victim)
91
Describe probation
- Most common sentence
- When an offender serves their sentence in the community under the supervision of a probation officer
- Focus is on rehabilitation
- 25% of probationers are unsuccessful
- Maximum probation length : 3 yrs
- Average for adults : 1 year
- Max for youth : 2 yrs
92
What are the 2 types of probation
Mandatory conditions
Optional conditions
93
Probation - What are mandatory conditions
Conditions that must be met regardless of who you are and your offense
- Have to attend court
- Have to inform them of significant changes (name, address, job)
- Being of good behavior
94
Probation - What are optional conditions
Not every person on probation will be given these conditions. They are catered to the individual
- Counseling
- Not being allowed to associate with certain people
- Not being allowed in certain places
- Curfew
- Not being allowed to travel
- House arrest
95
Probation - What happens when conditions are violated
When conditions are violated, the probation officer has discretion
Depends on what condition is broken and to what extent
- Can be charged with breach of probation if sever enough (hybrid offense)
- Summary conviction : up to 18 months in jail
- Indictable offense : up to 4 yrs in jail
96
Probation - What is the Risk-Need-Responsivity model
Used by probation officers
Match the level of intervention to the offenders risk level
Identifying and treating the criminogenic factors (what contributes to recidivism)
- Ex : Anger issues
- Individualise treatment to the person according to strengths, age, gender, etc.
97
Describe the conditional sentence
A jail term of less than 2 years that is served in the community
Offender must abide by mandatory and strict optional conditions
Average length : 8 months
If conditions are breached, they are taken back to jail
98
What are the advantages of a conditional sentence for the Crim justice system, offenders and victims
Criminal justice system
- Frees space in prison for more severe crimes
- Saves money
- Emphasizes rehabilitation
Offenders
- Allows more freedom
- Contribute more to the community
- Easier to rehabilitate
- Allows them to stay an active member of society, they don’t get left behind
Victims
- Victim may get some restitution
- If the victim is familiar with the offender, they may feel better about a less severe sentence
- May make reconciliation easier
99
What are the disadvantages of a conditional sentence for the Crim justice system, offenders and victims
Criminal justice system
- May lower public faith in the system
- Sends the message that some crimes aren’t serious (no deterrent)
Offenders
- Individual may not learn from it
- May be shunned or harassed
- Close proximity to temptation
Victims
- Revictimised → fear of being attacked by offender
- May have to live around the offender
- Sense of a lack of justice
- Makes victims less likely to come forward
100
What is a custodial sentence and what are the types
Offender is placed behind bars
Types
- Provincial correctional facility (jail) :
- - People serving less than 2 yrs
- - People awaiting their court date (denied bail)
- Federal correctional facility (prison):
- - Operated by CSC (correctional services of canada)
- - For people serving 2 yrs or more
101
How can you serve your sentence if you have more than one offense
Concurrently
- At the same time
Consecutively
- One after another
102
How much does it cost to incarcerate a male vs female offender? Why is there a gap?
- To incarcerate a male federal offender, 120 000$ are spent a year
- To incarcerate a female offender, 230 000$
Cost more because there are fewer female inmates
103
Prisons - what are the 3 types of security risks
- Maximum secure: barbed wire
- Medium secure : more mobility no walls, most here
- Minimum secure
104
What factors determine an offenders level of security risk
- Potential of escape
- Potential to violate institutional rules
- Potential to be a danger to others (inmates and guards)
105
What is the SHU
Special handling unit
- Were incarcerated in regular prison but we're so difficult
- Tried or have killed a correctional guard or inmate
- Guards don't carry guns
- Can go regardless of your offense
106
Describe specialized / problem solving / therapeutic courts
Manage specific types of cases/offenders
- Done in larger cities
- Prosecutors and defence work with probation officers with specialized training
- Treatment plans are made
- Respond with graduated sanctions (least restrictive response first, then get more severe if the behaviour continues)
- Most related to domestic violence or mental health issues
- More successful with women and Indigenous peoples
- Sometimes not enough resources to support the individual’s rehabilitation
107
List the advantages of specialized courts
- Enables the judges, prosecutors, and defence to develop an expertise in these cases
- Efficient and cost effective (in mental health cases, saves 5,62$ for every 1$ spent)
- Gives offenders the opportunity to avoid jail
- Considers risks, needs, and responsivity
- Allows monitoring such as drug testing
- Strong rehabilitative outlook
108
How did changes in facility design increase institutional safety and security
Big house” design (until 1970s)
- Long hallways that contained cells in a linear layout
- Periodic rounds
- Limitation of this approach is blind spots
New generation design (or podular design) (since 1970s)
- Inmates’ cells on the exterior walls of the living unit
- Reduces blind spots and deters misconduct
- Tech
- Metal detectors → x ray
- - Reduced strip searches → less humiliating + better for victims of SA
109
What changes made in supervising techniques increase institutional safety and security
Direct supervision / dynamic security - Based on COs having more frequent interactions with inmates
- One of the goals is to help the inmates develop their problem-solving skills
110
What is offender classification and what are the 2 types
An assessment of an inmate’s risk by the correctional staff in order to place the inmate in a cell that best matches the risks they pose
Subjective classification
- Arrestees held overnight in a cell (appearing in court the next day)
- Simple checklist
- Checks apparent risks of suicide or self-harm, as well as their health status, including whether they are intoxicated, injured, have a communicable disease, escape or harming others
Objective classification
- Provincial correctional centre or spending more than a few hours in custody
- Inmate’s criminal history, current functioning, mental health status, current offence, their prior adjustment to custody, gang involvement
- Inmates may also be separated from other arrestees who were involved in the same offence
CRM 1300
flashcards
Decks in class (2)
# Cards
