5.5 Imprisonment Flashcards
Imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
is last resort
any time in remand counts towards a sentence
Parole
the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served.
Concurrent Sentence
a sanction that is to be served at the same time as one or more other sentences, usually given in relation to two terms of imprisonment
is the most common method of sentencing
Cumulative Sentence
where two sentences are imposed, and are to be served one after the other; for example, a term of imprisonment is to commenced after the first term is served.
for offences (arson/drug/sexual/violent crimes), default of paying a fine, escapee, offence committed on bail/parole
Indefinite Sentence
a term of imprisonment that has no fixed end date, usually given to the most serious offenders.
How does Parole Work
Occurs after the minimum period (non-parole)has been served - after this time the Adult Parole Board reviews the prisoners suitability for parole, and any conditions attached
If rejected - prison sentence served in full
What are the 9 levels of imprisonment
- Life Imprisonment (murder/drug trafficking of commercial quantity)
- 25 years (rape, manslaughter, armed robbery, arson causing death)
- 20 years (intentionally causing serious injury/culpable driving - death)
- 15 years (recklessly causing serious injury, hadling stolen goods, arson)
- 10 years (threats to kill, indecent assault, theft)
- 5 Years (recklessly causing jury, possession of a drug of independence)
- 2 years (going equipped to steal
- 1 year (Cultivation of a narcotic plant)
- 6 months (concealing the birth of a child)
When can a court impose an indefinite sentence
- if satisfied to a high degree of probability that the offender is a serious danger to the community because of character / history / age / condition / gravity / special circumstances
- offender o18 committed serious offence ( murder / manslaughter / child homicide/ threats to kill / rape / kidnapping …)
Will be reviewed periodically. if satisified, offender takes 5-year reintegration program (OPP can appeal)
What are the main purposes achieved by imprisonment
Proteciton, punishment, deterrence, denunciation
How is rehabilitation achieved in imprisonment
Pros
* range of targeted programs
* last 20 yearse adopted recommendations for case management/program delivery
* dedicated units in prisons on targeted needs
* adoption of transition, pre/post-release programs
Cons
* levels of self-mutiliation, suicide, assault, drug test 90% over benchmark
* inadequate rehabilitation + transition programs
* 40% recidivism rate in 2 yrs
* high % offenders unemploymed, uneducated, substance abusers, female homeless and victims; children of prisoners 6x likely to go to prison
How is Punishment achieved in imprisonment
Pros:
* Boulton: narrow punitive effect and purpose - primary purpose of prison
Cons
* aspects of punishment are dehumanising (strip-searches, confinement in cells)
* balance between hardship and public interest (cz prison detrimental to prisoner and hence society)
How is Deterrence achieved in imprisonment
Pros
* intuitive appeal to deterrence (ex-prisoners stigma)
* most effective in crimes where offenders are willing
* most effective with public knowledge
* punitive value so high
Cons
* should deter because undesirable, not but in reality
* specific deterrence increased the more imprisonment rates increase - can increase crime rate
* Length of sentence doesn’t change crime rates
How is denunciation achieved in imprisonment
Pros
* is default sanction - hence loses influence
* usually not high profile (general)
* encourage attitude of condemnation over forgiveness
How is protection achieved through imprisonment
Pros
* protects by removing the offender from community
* to the extent that rehabilitation is achieved, long-term protection is achieved
Cons
* 99% of cases have temporary prison sentences (not life) - need for long term protection
* assaults between prisoners and guards unacceptable level - environment of violence
