Criminal Justice Final

• Provincial/Territorial systems


  Sentenced to 2 years less a day (or less).

  
  

  Also responsible for:

  - Youth

  - Denied bail

  - Awaiting bail
• Some Provincial Facilities in NB

  - Dalhousie: 100 spots

  - Madawaska: 70 spots (oldest)

  - NB Women's Correctional: 56 spot

  - NB Youth Centre: 56 spots

  - Southeast Regional: 180 spots

  - Saint John Regional: 120 spots
• Current Controversies and Future Concerns

  > Safe streets and communities act.

  
  

  > Inmate populations with various needs.
• Safe Streets and Communities Act

  > Restricted use of conditional sentences and expanded the use of mandatory minimum sentences.

  
  

  > Will lead to an increase in custodial populations.
• Inmate Populations with Various Needs

  - Indigenous

  - Senior citizens

  - Neurological conditions

  - Gender minorities
• Inmate Segregation


  > "Solitary confinement"

  
  

  > In 2018, segregation was deemed unconstitutional by Supreme Court.

  
  

  > Segregation was replaced with "Structured Intervention Units" (SIU).
• Older Offenders


  > Issues with older offenders

  
  

  > Social Concerns
• Issues with Older Offenders

  > Health factors, chronic conditions requiring in house treatment.

  
  

  > Mobility and sensory impairments.

  
  

  > Expensive retrofitting to accommodate daily needs.
• Social Concerns with Older Offenders

  > Potential targets for bullying - inability to protect themselves.

  
  

  > Recreation is a challenge.

  
  

  > Morally we must provide compassionate care to seniors, and terminally ill inmates.
• Offenders who Abuse Drugs and Alcohol

  > Physical health concerns of detoxification.

  
  

  > Smuggling is a major concern for security personnel.

  
  

  > Because of the significant health concerns around substance use, a harm reduction approach is taken.
• Sex Offenders


  > Majority are male.

  
  

  > Low on inmate hierarchy, can be subject to abuse.

  
  

  > Subject to community notifications and sex offender registration laws.
• Female Offenders


  > Recent estimates indicate that 42% of federally incarcerated women are indigenous.

  
  

  > Many women in prison are mothers and often the primary caregivers for their children.
• Women's Federal Facilities


  Minimum and medium security.

  > Housing units:

  - Communal living area.

  - Responsible for daily tasks.

  
  

  > Structured living:

  - Increased mental health support.

  
  

  > More promising options:

  - Homes learning to be better moms. (Grand Valley)

  - Group sessions.
• Offenders with Mental Disorders


  > A significant amount of inmates are diagnosed with a mental disorder.

  
  

  > All federal institutions are required to provide psychological services to an offender as needed.
• Mental Health Assessments Must:

  > Address mental health needs.

  
  

  > Reference the inmate's level of risk if being considered release.

  
  

  > Be culturally and gender sensitive.
• Safety and Suicide Concerns

  > Self-injurious behaviour must be seen as a mental health concern, not a matter of security.

  
  

  > Therapeutic and criss interventions are available to federal inmates.

  - BUT, in many institutions, there are insufficient resources to carry out investigations.
• Gangs


  > Gang types.

  
  

  > Prairie region has highest number of gang affiliated prisoners.
• Types of gangs in prison

  - Motorcylce

  
  

  - Asian

  
  

  - Indigenous

  
  

  - Cults

  
  

  - Extremists

  
  

  - White supremacists

  
  

  - Hate groups
• Why Do Prisoners Join Gangs?

  > Some prisoners join gangs with the belief that they will be protected, and otherwise harmed if are not affiliated with a gang.

  
  

  > Peer pressure.
• Dangerous Offenders (DO's)


  > Some housed separately from the general prison population based on the nature of their crimes.

  
  

  > Segregation/long sentences cause issues in programming.

  
  

  > Programs developed for DO's
• Programs Developed for DO's

  - Sexual deviance treatment

  
  

  - Intensive violence prevention programs

  
  

  - Mental disorder treatments

  
  

  - Educational programs
• Offenders' Gender Identity and Sexual Orientation

  > Sexual diversity is not often acknowledged/accepted in prisons.

  
  

  > Coerced/forced sexual activities are more common in male correctional facilities but do occur in female facilities too.
• Transgender Inmates


  > Often experience harassment, physical/verbal/sexual abuse, in and outside of prison facilities.

  
  

  > Correctional Service Canada Policy
• Correctional Service Canada Policy

  - Referral to psychiatrist.

  
  

  - Availability of hormone therapies.

  
  

  - Sex re-assignment surgeries.
• What is Conditional Release?

  > "The lawful release of an inmate from prison, subject to individualized conditions, before the full expiry of a custodial sentence."

  
  

  > Certain conditions apply to all released inmates.

  
  

  > The offender can be returned to prison at any time until their sentence expires if they are at risk of violating conditions or committing crime.
• Types of Conditional Release

  - Temporary Absence

  
  

  - Day Parole

  
  

  - Full Parole

  
  

  - Statutory Release
• Temporary Absence


  > Escorted Temporary Absence (ETA):

  - Medical Issues, compassion (funeral)

  - Any time during the sentence.

  
  

  > Unescorted Temporary Absence (UTA):

  - Have to serve 1/6 of the sentence.

  
  

  > Work Release:

  - Have to serve 1/6 of the sentence.

  - Minimum or medium security prisons.
• Day Parole


  > Offender can leave the during the day and return at night.

  
  

  > Eligibility to apply comes 6 months before full parole OR 6 months of serving sentence, whichever comes first.
• Full Parole


  > Offender resides in the community for the remainder of their sentence, subject to conditions.

  
  

  > Eligibility comes at 1/3 of the sentence, OR 7 years into sentence, whichever comes first.
• Statutory Release


  > For those who did not apply or make parole.

  
  

  > Mandatory release for most federal offenders at 2/3 of their sentence.

  
  

  > May have a condition to reside in a halfway house.

  
  

  > Parole board may order detention if there are reasonable grounds to believe the offender is likely to commit an offence causing death or serious harm, a sexual offence involving a child, or serious drug offence before the end of their sentence.
• Indigenous Inmates and Conditional Release

  > Indigenous people are overrepresented in the criminal justice system.

  
  

  > An increasing number of services, supports, partnerships, and programs within federal/provincial correctional systems have been designed to respond to the unique needs of Indigenous offenders.

  
  

  > Lower federal day and full parol grant rates were consistently noted for Indigenous people compared to non-Indigenous people.
• Elder-Assisted Hearings


  > Culturally responsive hearing for First Nation, Metis, and Inuit offenders.

  
  

  > The Elder provides information about culture and traditions. They offer guidance to the offender.

  - They are not part of the decision-making process.
• The Conditional Release Process

  - Application

  
  

  - Pre-Parole investigation

  
  

  - Risk assessment

  
  

  - Hearing

  
  

  - Supervision and Enforcement
• Conditional Release: Application


  - Identify parole sponsors.

  
  

  - Provide verifiable residence.

  
  

  - Plan for treatment and/or counselling following release.

  
  

  - Provide plans to secure employment and/or attend school.
• Conditional Release: Pre-Parole Investigation

  > Victims are contacted and invited to make submissions.
• Does Conditional Release Reduce Crime?

  > The safe return of offenders into the community (2005).

  - "There is solid evidence to support the premise that the gradual and structured release of offenders is the safest strategy for the protection of society against new offences by released offenders."
• Who Benefits From Conditional Release?

  > Conditional Release is meant to benefit the community through low rates of re-offending and reduced cost of prison systems.

  
  

  > Those responsible for release decisions risk great community and personal costs if the person re-offends.
• Youth and Crime


  > Courts recognize that youth have a different level of cognitive development, self-regulation, and maturity.

  
  

  > In Canada, Youth Justice Courts have jurisdiction over people 12-18 years old.

  - But, brains are not fully developed until 26.
• Science and Criminal Responsibility

  > Frontal lobe is the last to fully mature and develop.

  - Controls reason, decision-making, self-control, etc.

  
  

  > Crime rates indicate that younger offenders commit the most crime.

  - Also are victims.
• Juvenile Delinquents Act

  > Early 1900's.

  
  

  > Welfare focus - tied to social services.

  
  

  > Focus on intervention was treatment and not punishment based on the best interests of the youth.

  
  

  > Inclusion of offences that adults would not be held to.