CRIMINAL LAW: CORRECTIONS. RETRIBUTIVE REHABILITATIVE RESTORATIVE HOW DOES THE PUNISHMENT SIDE OF OUR CRIMINAL JUSTICE SYSTEM WORK?

CRIMINAL LAW: CORRECTIONS

RETRIBUTIVEREHABILITATIVERESTORATIVE

HOW DOES THE PUNISHMENT SIDE OF OUR CRIMINAL JUSTICE SYSTEM WORK?

HISTORICAL CORRECTIONS: RETRIBUTIVE, REHABILITATIVE OR RESTORATIVE?

• 18th Century• Crimes treated very severely• Jails/prisons used as holding areas until

actual sentence carried out• Sentences: maiming, torture, dismembering,

capital punishment, humiliation.• No “special treatment” for men, women,

children.

1. What contextual details help explain why the above was true for Corrections in the 18th Century?

2. How would you describe/categorise Corrections then?

HISTORICAL CORRECTIONS: RETRIBUTIVE, REHABILITATIVE OR RESTORATIVE?

• 19th Century• Statute of 1800: adoption of English Law• Punishments: some lessened in severity, fines

common, shaming, humiliation, banishment, transportation (Australia, adrift)

• Creation of prisons: workhouses, penitentiaries, (Quaker influence), prisons.

• Focus: hurt pride and spirit by depriving of individual assets, rights and freedom.

• 1867 BNA Act: separation of provincial/federal corrections.

• 1886 Penitentiary Act: guidelines for inspectors, separation of sexes, young offenders and “insane” convicts.

• 1886 Act Respecting Public and Reformatory Prisons: separation of young offenders, remission, leave for medical, humanitarian or rehabilitative reasons.

1. What contextual details help explain why the above was true for Corrections in the 19th Century?

2. How would you describe/categorise Corrections in this period?

HISTORICAL CORRECTIONS: RETRIBUTIVE, REHABILITATIVE OR RESTORATIVE?

• 20th Century• Punishment as retribution and deterrance was

considered integral, but brutal treatment was being seen as inappropriate by press, advocates (especially Quakers, Salvation Army)

• 1936 Royal Commission: Church groups activated

• 1950s: minimum security, rehabilitate on a medical model (therapy, psychotherapy, electric shock, surgery)

1. What contextual details help explain why the above was true for Corrections in the 20th Century?

2. How would you describe/categorise Corrections in this period?

HISTORICAL CORRECTIONS: RETRIBUTIVE, REHABILITATIVE OR RESTORATIVE?

• 21st Century

1. What contextual details help explain why the above was true for Corrections in the 22st Century?

2. How would you describe/categorise Corrections in this period?

BY THE NUMBERS TODAY…

ISSUES IN PRISON TODAY…

CRIME AND PUNISHMENT…

No Country has a good code of laws. The reason for this is evident- the laws have been made according to the time, the place, and the need. When the needs have changed, the laws which have remained have become ridiculous. Voltaire.

Laws and institutions must go hand in hand with the progress of the human mind. Thomas Jefferson.

Rigid justice is the greatest injustice. Thomas Fuller.

Each of the quotations refer to legal systems from past centuries in different countries. Select one and describe how it also applies to a stage, or the progression, of the Canadian system.

SENTENCING…

• Up to the judge to decide. Crown and defense make suggestions, other stakeholders make submissions (Probation Officers, Social Workers, Medical professionals, etc).

• Criminal code establishes guidelines.• “Mandatory minimums” a contemporary political issue.

Factors Considered• Previous record• Seriousness/nature of offence• Attitude• Risk to society/victims to

reoffend• Plans for rehabilitation• Programs available• Range of sentence permitted by

law• jurisprudence

Types of Sentences• Discharge• Conditional discharge• Absolute discharge• Suspended sentence• Probation • Fine/Restitution• Privilege Suspension• Community Service• Imprisonment

ISSUES IN SENTENCING TODAY…

PAROLE…

• A gradual release into the community• Purpose: reintegration, demonstrate good behaviour, less

expensive, minimises negative impacts of incarceration• Process: apply to National or Provincial Parole Board depending

on where sentence is being served; interview; statements; decision.

Factors Considered• Seriousness of offence• Contributing factors to the offence• Previous criminal behaviours• Response to incarceration- remorse,

participation• Response to previous paroles• Family support/social contacts• Community response• Plans of prisoners• Views of medical professionals, judges,

prison authorities, police

Types of Actions• Grant (federal only)

• Remainder of sentence

• Escorted/unescorted leave

• Day parole• Day pass

• Postpone • Deny

ISSUES IN PAROLE TODAY…

ISSUES TODAY…

• Guiding Principals• Retributive• Rehabilitative• Restorative

• Cost• Short vs. Long Term

• Fairness• To victims• To offenders• To society

ASSIGNMENT…

1- Select a profile of an offender and fill in any missing details you feel are important.2- Select your professional roles.3- Spend 30-40 minutes researching/exploring your role as it relates to your client.4- Spend 20 minutes sharing your expert knowledge focused around the specific offender and what he/she needs.5- Spend 20 minutes identifying and discussing the broader systemic issues/characteristics that operate as opportunities or constraints for your client. 6- Prepare an collaborative report for submission end of class Monday December 10th.

Wednesday December 12th: Guest Speakers from the John Howard Society.Friday December 14th: Addendum to your report (individual) that reflects your interactions with the guests.