Chapter 10 Flashcards
non-carceral corrections
community corrections
alternatives to confinement (e.g., diversion programs, probation)
programs for offenders released from correctional institutions (e.g., parole)
absolute/conditional discharges
the presiding judge may discharge an offender in cases where an accused person either pleads guilty or is found guilty of an offence except when:
- there is a mandatory minimum sentence, or
- the offence is punishable by a term of imprisonment for a period of 14 years to life.
carceral corrections
jails and correctional institutions operated by the provinces and territories and the federal government
suspended sentence
avoid incarceration by abiding by conditions of a probation order for a period from one to three years
Upon completion of the period of supervision, the offender will have a criminal record (which distinguishes suspended sentences from a conditional discharge)
fine
Offenders can receive monetary punishments through the imposition of fines. Section 734(2) of the Criminal Code specifies that
the offender must have the ability to pay a fine and the fine is proportionate to the offence
diversion sentencing
Programs that are designed to keep offenders from being processed further into the formal criminal justice system
- reduce costs
- minimize social stigmatization
- assist offenders in addressing the specific factors related to their offending
- attending an alcohol or drug treatment program
- completing a number of community service hours
- other requirements
victim-offender mediation sentencing
- take a restorative approach
- victim and offender provided with the opportunity to express their feelings and concerns
- neutral mediator helps resolve the conflict
- address the consequences of the offence
- create understanding for each other
net-widening sentencing
- Persons who would otherwise have been released outright by the police, or not charged by Crown counsel, now become involved in the justice system because of various diversion programs
- a potential, unanticipated consequence
- diversion programs can be coercive and punitive
conditional sentence
a convicted person who would otherwise be incarcerated for less than two years can be sentenced to a conditional term of imprisonment
- to be served in the community
- required to fulfill certain condition
- not on probation
- failure to comply results in offender being returned to court
probation
in cases in which no minimum penalty is prescribed, the sentencing judge may place the offender on probation for a period of up to three years
- as part of a conditional discharge (mandatory)
- as a condition of a suspended sentence (mandatory)
- as part of an intermittent sentence (mandatory)
- as a sentence on its own (the most common)
- following a prison term of two years or less
- in conjunction with a conditional sentence
Risk, need, and responsivity model (RNR)
Risk principle
- correctional interventions are most effective when matched with the offender’s level of risk, and higher-risk offenders benefit from interventions
more than medium and low-risk offenders.
Need principle
- to be effective, correctional interventions
must address the criminogenic needs of
offenders
Responsivity principle
- correctional interventions should be matched to the learning styles of individual
offenders, with particular emphasis on cognitive-behavioral interventions