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CRIM 131 > FINAL EXAM > Flashcards

FINAL EXAM Flashcards

1
Q

problem-solving courts

A

SPECIALIZED courts that are designed to DIVERT offenders with SPECIAL NEEDS from the CJS. departure from the adversarial system. its a shift to treatment and rehabilitation. They address issues that LED to offending, promote accountability

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2
Q

therapeutic justice

A

approach in problem-solving courts that uses the law and courts authority as CHANGE AGENTS to promote the HEALTH and WELL-BEING of offenders, while ensuring the their LEGAL RIGHTS are PROTECTED and justice is done

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3
Q

courtroom workgroup

A

the CJ professionals, incl. judge, Crown counsel, and defence lawyer that are PRESENT in the criminal courtroom

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4
Q

judicial independence

A

judges are NOT SUBJECT to pressure and influence and are FREE to make impartial decisions based solely on fact and law. No political interference

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5
Q

what are the 4 levels of courts that deal with criminal cases?

A

1) prov/terr. courts
2) prov/terr superior courts
3) provincial appellate courts
4) Supreme Court of Canada

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6
Q

Summary conviction offence

A

less serious crime. maximum penalty of a fine (not to exceed $5000) or 6 months in provincial correctional facility, or BOTH.

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7
Q

indictable offence

A

more serious criminal offence. may max sentence from 14 yrs to life.

example: murder, robbery, aggravated sexual assault

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8
Q

Hybrid (or elective) offences

A

Offences that can be PROCEEDED by summary or indictment - decision always made by Crown

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9
Q

preliminary hearing (aka preliminary inquiry)

A

a hearing to determine if there is SUFFICIENT EVIDENCE to WARRANT a criminal trial

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10
Q

Judicial interim release (BAIL)

A

the RELEASE of a person charged with a criminal offence prior to trial

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11
Q

remand

A

the status of accused persons in custody AWAITING trial or sentencing

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12
Q

security certificates

A

a process where NON-CANADIAN citizens who are deemed a THREAT can be held WITHOUT charge for an indefinite period of time

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13
Q

plea bargaining

A

agreement where an accused pleads guilty in exchange for the promise of a benefit

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14
Q

open-court principle

A

principle that with certain exceptions, every stage of the court process MUST be OPEN and ACCESSIBLE to PUBLIC

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15
Q

stay of proceedings

A

an act by the Crown to TERMINATE or SUSPEND court proceedings AFTER they have commended

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16
Q

not criminally responsible on account of mental disorder (NCRMD)

A

a defence that RELIEVES the accused person of criminal responsibility due to a mental disorder

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17
Q

restitution

A

court-ordered PAYMENT that the offender makes to the victim to COMPENSATE for LOSS of or DAMAGE TO PROPERTY

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18
Q

criminal injury compensation

A

financial remuneration paid to crime victims

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19
Q

proportionality (in sentencing)

A

sentence must be PROPORTIONATE to the GRAVITY of offence and to DEGREE of RESPONSIBILITY of the offender

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20
Q

principle of restraint (in sentencing)

A

ensures that sentence imposed is JUST and APPROPRIATE punishment and nothing more

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21
Q

suspended sentence

A

sentencing option where the judge CONVICTS the accused but doesn’t give a sentence and instead gives a probation order. If the offender doesn’t breach anything then no sentence will be given

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22
Q

intermittent sentence

A

sentence that is served on PART-TIME basis, usually weekends

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23
Q

probation

A

sentence given to offender by a judge where offender is SUPERVISED in the community by a probation officer. This is either as an alternative option than custody or in CONJUNCTION with a period of incarceration in a prov/terr correctional institution

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24
Q

concurrent sentences

A

sentences that COMBO and are served simultaneously

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25
Q

consecutive sentences

A

sentences that run SEPARATELY and are completed one after the other (think of christopher watts sentence)

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26
Q

judicial determination

A

an order by the sentencing judge that the offender serve one-half of their sentence BEFORE being eligible to apply for parole

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27
Q

dangerous offender

A

a designation made by judge AFTER conviction that results in offender going to a FEDERAL correctional institution

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28
Q

long-term offender

A

designation under s. 752 or s. 753 of CC that requires the offender to spend up to 10 years under supervision AFTER the expiry of their sentence

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29
Q

gladue report

A

a report prepared before sentencing of INDIGENOUS OFFENDERS which sets out the HISTORICAL EVENTS that may be related to the offenders conflict with the law and criminal behaviour

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30
Q

gladue decision

A

decision by the SCC which held that if the offender is Indigenous, judges must consider their unique circumstances and not charge them how they would any other person

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31
Q

conditional sentence (of imprisonment)

A

sentence for offenders who receive a sentence less than 2 years where the offender serves their time in the community under the supervision of a probation officer

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32
Q

sentencing disparity

A

harsh af sentences being given out for SIMILAR offences committed by SIMILAR offenders in SIMILAR circumstances

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33
Q

collateral consequences (in sentencing)

A

sanctions and prohibitions that are placed on convicts (and their fams), especially those offenders who have been incarcerated

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34
Q

besides the 4 levels of courts that deal with criminal cases, which territory in Canada has their own single level?

A

Nunavut

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35
Q

1st level of courts that deal with criminal cases and what it consists of?

A

provincial/territiorial courts.

1) dispose almost all criminal cases
2) NO juries
3) young offenders/provincial statute violations cases
4) deal with preliminary inquiries
examples: family court, small claims

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36
Q

responsibilities of criminal courts (3)

A

1) determine guilt or illness
2) impose appropriate sentence
3) protect accused rights

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37
Q

the primary structure of accountability for federally appointed judges is the ____ _____ _____

A

Canadian Judicial Council (CJC)

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38
Q

what are some judicial complaints the CJC hear of?

A

1) gender bias
2) racial bias
3) religious bias
4) conflict of interest
5) cultural insensitivity
6) undue delay in making a decision (should not take longer than 6 months)

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39
Q

what are some disciplinary actions or sanctions imposed on judges from the CJC?

A

1) removal from bench (extremely rare)
2) leave of absence with pay/letter of reprimand
3) counselling
4) educational workshops
5) make the judge apologize to the complainant

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40
Q

judges at provincial court level are appointed by ______ _______ and judges of the superior courts are appointed by the ______ ______

A

provincial governments, federal government

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41
Q

provincial/territorial way of appointing judges

A

each province/terr. has a Judicial Advisory Committee made of lawyers/laypersons appointed by the attorney general. These screening committees forward nominations to the JUSTICE MINISTER, who makes the FINAL appointments

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42
Q

Federal way of appointing judges

A

under the Canadian Constitution, SCC judges are to be appointed by the GOVERNOR GENERAL of Canada. In practice though, its usually the PM and cabinet that make the selections and approval of the GG is a formality

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43
Q

Supreme Court Act

A

requires that the potential appointee be a judge in a prov superior court of have at least 10 years experience as a lawyer. AND at least 3 of the 9 judges MUST be from QUEBEC

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44
Q

what does appointment of judges seem to rely on?

A

political affiliation

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45
Q

compare traditional (T) court accountability vs. problem solving (PS) court accountability

A

TRADITIONAL (T) vs PROBLEM SOLVING COURT

1) uses resources (T) WITHIN the court system, (PS) outside the court system
2) (T) IMPERSONAL and procedural, (PS) PERSONAL and individualized
3) (T) little involvement outside of court, (PS) involvement outside the court
4) (T) focus is on PROCESSING cases THROUGH the system, (PS) focus on effectiveness of methods
5) (T) focus on ADJUDICATING, (PS) focus on PROBLEM-SOLVING
6) (T) communication is through lawyers, (PS) judge communicates directly with “client”

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46
Q

examples of prov/terr. specialized problem solving courts

A

1) mental health courts
2) drug treatment courts
3) indigenous courts
4) domestic violence courts

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47
Q

challenge with therapeutic justice

A

high-rates of not completing and not complying

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48
Q

prov/terr. circuit courts are also known as

A

the travelling court

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49
Q

How many circuit courts are in BC?

A

46

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50
Q

prov/terr circuit courts

A

they are courts that travel to places around Canada that do not have a proper court set. many communities have them come by once a month. Sometimes courts are held in schools, community centres, or any building thats empty.

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51
Q

what are the problems that arise with prov/terr circuit courts?

A

1) backlog of cases
2) time constraints
3) language and cultural barriers

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52
Q

four main places that circuit courts travel to

A

1) Northwest territories
2) Northwestern Ontario
3) Northern Quebec
4) Nunavut

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53
Q

what is the concern that judges have when coming up with a sentence in circuit courts?

A

should they remove the convicted person from the community and place them in confinement FAR AWAY?

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54
Q

what are some considerations and ways of striking down the challenges of sentencing in circuit courts?

A

1) encourage community Elders to participate and for support of dispute resolution and alternatives to incarceration
2) restorative justice

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55
Q

prov/terr superior courts

A

highest level of PROVINCIAL court. they are administered by prov/terr governments but judges are appointed federally.

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56
Q

About ____% of criminal cases are heard in prov/terr. SUPERIOR COURTS

A

10%

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57
Q

what are the two levels of prov/terr superior court?

A

1) trial (hears serious criminal offences)
2) appeal (hears criminal/civil appeals from trial)

they can be done at the same time or in 2 different courts.

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58
Q

trial court may be also known as

A

Supreme court or the Court of Queens Bench. they hear the most serious cases

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59
Q

appeal court may also be known as

A

Court of Appeal

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60
Q

there is one court of appeal in each province and territory, except in ______ and ______, where there are ___

A

Quebec and Alberta, two

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61
Q

difference between trial judges and appeal judges in how they work?

A

appeal judges are WAAY more isolated than trial judges. they spend most of their time researching and writing their opinions in their own chambers, enjoying only LIMITED contact with others (primarily their own law clerks)

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62
Q

chief of justice in Supreme court of BC

A

Chris E. Hinkson

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63
Q

chief of justice in BC court of Appeal

A

Robert James Bauman

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64
Q

Supreme Court of Canada (SCC)

A

was established under the CONSTITUTION ACT (1867). court of last resort. 9 judges, 3 judges must be appointed from Quebec)

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65
Q

Chief justice of SCC

A

Richard Wagner

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66
Q

T/F - the decisions of the SCC are final and can not be appealed

A

TRUE

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67
Q

where is the SCC located?

A

Ottawa

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68
Q

SCC was established under the Constitution Act (1867) but the bill wasn’t passed until

A

1875

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69
Q

what is the criteria to be appointed a judge in the SCC?

A

1) must be either superior court judge or lawyer
2) at least TEN YEARS standing at the bar in a prov/terr
3) must be selected from major regions of country but 3 must be from Quebec

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70
Q

what are the 3 federal courts?

A

1) SCC
2) Tax court
3) Federal court

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71
Q

Federal court

A

has trial and court of Appeal. Hears all cases concerning matters of FEDERAL LAW and appeals from the Parole Board of Canada

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72
Q

of all the cases requested to be seen by SCC, they only grant ____% of them

A

10%

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73
Q

why are courts comprised of an odd number (5,7,9) of judges?

A

to avoid ties

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74
Q

leave

A

when a defendant or Crown ask for permission to appeal the decision of a lower court. This is also called to LEAVE a case

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75
Q

reference

A

when the federal government ASKS the Supreme Court for a legal opinion on an important legal question. this is called reference

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76
Q

what is a challenge in the SCC rulings?

A

there is tension between individual rights in the Charter and the need to protect the general public

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77
Q

what were the cases that relate to the tension between Charter rights and the need to protect the general public? (7)

A

1) PHS (Insite - safe injection)
2) R. v. Morgentaler (giving abortions illegally)
3) R. v. Sharpe (child pornography)
4) R. v. Zundel (spreading false news)
5) R. v. Stinchcombe (police must give all evidence so defendant can make full answer and give defence to charges)
(6) Same sex marriage
(7) Reference re Secession of Quebec (secession)

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78
Q

R. v. Jordan and what legislation it changed

A

he basically had to wait a long ass time for his trial and so this set presumptive timelines for disposition of cases in courts

1) 18 months in prov court
2) 30 months in superior court

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79
Q

what are some criticisms of the presumptive timelines of cases in courts (18 months/prov and 30 months/superior)?

A

1) re-victimization due to dismissal
2) time guidelines not grounded in analysis
3) failure to see the seriousness of offences

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80
Q

courtroom workgroup is composed of (8)

A

1) Judge (maybe jury too)
2) Justices of Peace (not lawyers)
3) Defence lawyers
4) Duty counsel
5) Crown counsel
6) Court administrators
7) Court reporter
8) Sheriff

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81
Q

what is the role of Crown counsel?

A

1) to represent government, not victims
2) prosecute criminal cases
3) negotiating pleas
4) advising police
5) preparing for trial
6) appealing

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82
Q

challenges of Crown counsel

A

1) Increased worklouad (up to 50 cases a day)
2) 90 hour workweeks
3) budget reductions
4) prosecution of SENSITIVE cases (sexual offences, fam violence, and victimization of children)
5) Circuit court (little time to prep and language/cultural barriers)

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83
Q

What are the LEGAL REASONS as to why charges are NOT laid in many cases?

A

1) reliability and admissibility of evidence

2) credibility of witnesses

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84
Q

What are the GENERAL REASONS as to why charges are NOT laid in many cases?

A

1) uncooperative victims/witnesses
2) suspect/witness dies
3) suspect under 12 y/o
4) suspect admitted to psychiatric facility

85
Q

What are the ADMINISTRATIVE REASONS as to why charges are NOT laid in many cases?

A

1) cost
2) time
3) case volume
4) workload

86
Q

what are an accused rights when charged?

A

1) right to retain counsel
2) must be informed of that right
3) legal aid - they must apply and there is STRICT eligibility and restrictions

87
Q

What is a concern about therapeutic justice?

A

that the fact-finding mandate of the court changes into the judge taking the role of a therapist.

88
Q

effectives of specialized courts

A

1) most effective in reducing reoffending when attention is given to offenders

89
Q

examples of specialized courts

A

1) Mental health courts (MHC)
2) Drug treatment court (DTC)
3) Domestic violence court (DVC)
4) Community Wellness Court (CWC)

90
Q

2 issues for many accused persons are the access to

A

1) legal representation

2) legal aid

91
Q

2 key features of restorative justice

A

1) the involvement of the community

2) reduced role for CJ professionals

92
Q

what are some reasons why people would use plea bargains? (5)

A

1) withdrawal of some charges
2) reduce the charges
3) proceed by SUMMARY
4) get concurrent (less time) vs. consecutive sentences
5) joint submissions about sentencing

93
Q

Advantages of plea-bargaining (6)

A

1) less time and money
2) less case backlog
3) complainants don’t testify
4) accused admits guilty
5) doesn’t compromise administration of justice
6) get evidence for other co-defendants

94
Q

disadvantages of plea-bargaining (5)

A

1) brings administration of justice into disrepute
2) subject to abuse
3) convicts innocents
4) pressure on defendant
5) not open to public scrutiny (are they breaching rights?)

95
Q

3 categories of indictable offence

A

1) offences under the ABSOLUTE JURISDICTION of PROVINCIAL courts
2) offences under the ABSOLUTE JURISDICTION of SUPERIOR courts
3) electable offences (accused chooses to be tried by judge instead of jury)

96
Q

s. 553 of CC - absolute jurisdiction of prov/terr courts

A

section of the CC outlines the less serious indictable and hybrid offences where the person has no choice but to be tried in a prov/terr court.

Offences incl. theft, obtaining money on false pretenses, fraud, mischief, keeping a gaming/betting house, and driving while disqualified

97
Q

s. 469 of CC - absolute jurisdiction of prov/terr SUPERIOR courts

A

serious offences, non-electable offences. Must bein prov/terr superior court before a jury UNLESS both accused and attorney general agree to waive it

Offences incl. murder, treason, and privacy

98
Q

Preliminary hearings determine whether there is a ____ ____, which is sufficient evidence to justify the time and expense of a criminal trial

A

prima facie

99
Q

T/F - an accused person can waive the right to a preliminary hearing and go directly to trial

A

TRUE.

100
Q

describe the action “preferring the indictment”

A

when the provincial general attorney can SKIP the preliminary hearing and go straight to trial. This is called “preferring the indictment”

101
Q

in electable offences, what are the 3 modes an accused can choose from?

A

1) trial by a prov/terr court judge
2) trial by a superior court judge sitting alone
3) trial by a superior court judge and a jury

102
Q

In which cases would the Charter grant an accused a jury in an electable offence?

A

if the offence is punishable by MORE THAN 5 years

103
Q

what is disclosure of evidence aka?

A

“discovery”

104
Q

Trial proceeds IF the crown doesnt _____ _____ or terminate matter with s____ o_ p______

A

withdraw charges, stay of proceedings

105
Q

in sexual assault cases, are the sexual histories of victims admissible as evidence?

A

No.

106
Q

In trial, Crowns call upon witnesses, present evidence, and prove guilt beyond a reasonable doubt. What does defence do? (4)

A

1) cross-examines witnesses
2) challenge crown evidence
3) motion to dismiss
4) present own version of events

107
Q

T/F: Jury trials are rare

A

TRUE. trials in general occur only 10% in criminal cases.

108
Q

In jury trials, the jury does not have to give reasons for their verdict. Therefore, if given guilty verdict….

A

judges must sentence

109
Q

T/F: Jury trial must be unanimous

A

TRUE

110
Q

How can the police compel the appearance of the accused in court? (how can they get the accused to show up?

A

1) holding in custody until court

2) allowing the accused to be at liberty in community with promise that they’ll show (appearance notice)

111
Q

appearance notice

A

if the charge is not serious, the accused will be given an appearance notice, which has info about the allegations against the accused person, the court date, and warns that not showing up IS a criminal offence.

112
Q

what is a justice of the peace?

A

a magistrate appointed to hear minor cases, perform marriages, grant licenses, etc., in a town, county, or other local district.

113
Q

The charter protects people from arbitrary detention (being held in police custody without a good reason). What are the 3 exceptions to keeping people in custody?

A

1) charge pertains to serious INDICTABLE offence carrying a MAX sentence of 5 years in prison
2) the police feel like the person wont show up for court
3) police feel it is in the PUBLIC INTEREST to detain the accused

114
Q

what is the public interest defined as?

A

the need to establish the accused identity, to secure or preserve evidence, and to prevent the continuation of the offence or another offence being committed

115
Q

when does a case go to trial?

A

when the accused who pleads NOT GUILTY sticks to that plea and the Crown does not withdraw the charges or terminate the matter with a stay of proceedings

116
Q

direct evidence

A

based on DIRECT observation. (calgary raining example. the road is wet because you can directly SEE it is raining so you see the direct cause)

117
Q

circumstantial evidence

A

it is not directly observed, but requires INFERENCES to be drawn from the FACTS. (Calgary raining example. The road is wet, the sidewalks are not and its raining so we can say it may have been raining before but we can not directly make that claim because we did not see. it could have been some power washers cleaning the road)

118
Q

hearsay evidence

A

evidence offered by a witness where they dont have direct knowledge, their testimony is based on what others told them. This is aka “second-hand evidence” like rumours and is rarely admissible in court.

119
Q

s. 515 of the CC states that judges must give BAIL unless…

A

the Crown can show why bail should be denied.

120
Q

If the Crown opposes the release of the accused, what must they demonstrate?

A

a “show cause hearing” that detention of the accused until the trial date is necessary

121
Q

Concerns with juries (5)

A

1) lack of diversity
2) lack of understanding of evidence
3) CSI effect
4) Instruction to jurors by a judge that results in errors
5) PTSD among jurors

122
Q

Defences (4)

A

1) wrong person
2) justifications: provocation, duress, consent, necessity, self-defence, battered-woman syndrome
3) procedural: don’t fight innocence/guilt, rather challenge the law/prosecution/admissibility of evidence/charter violation
4) Mental state: NCRMD, automatism, intoxication

123
Q

what are the decisions if someone is NCRMD?

A

1) detention in hospital (court does reviews)
2) conditional release
3) absolute discharge

124
Q

what happens if someone is NOT FIT to stand trial?

A

undergo psychiatric care until they are fit to stand trial and they are reviewed every TWO years.

125
Q

how is fitness to stand trial measured?

A

on their ability to understand:

1) nature of proceedings
2) consequences
3) unable to communicate

126
Q

appeals are filed by

A

either crown of defence (more often by defence)

127
Q

if an appeal is granted to happen, what happens with the accused?

A

he may be released on bail until appeal is heard

128
Q

what may happen with appeals?

A

1) not heard
2) heard and dismissed
3) substitute conviction on LESSER but include offence and likely lesser sentence
4) acquittal
5) new trial

129
Q

2 types of financial compensation

A

1) restitution

2) Criminal injury compensation program

130
Q

what factors may lead to a wrongful conviction?

A

1) tunnel vision
2) crown fails to abide by law and professional ethics (not disclosing exclusionary evidence)
3) mistaken eyewitness identification and testimony
4) false confessions
5) testimony of in-custody informers
6) defective, unreliable, expert testimony

131
Q

what do courts take into consideration for sentencing?

A

1) aggravating and mitigating factors
2) case law precedent
3) pre-sentence reports
4) psychological assessments
5) Indigenous offenders (s. 718.2(e) + Gladue report
6) black offenders
7) victim impact statements

132
Q

R. v. Gladue outlines that when a term of imprisonment would normally be imposed, for indigenous people, judges consider (2)

A

1) Unique systemic and background factors that contributed to the crime
2) sentencing procedures and sanctions that may be more appropriate for indigenous offenders

133
Q

what are the purposes of sentencing outlined under s. 718 of the CC?

A

1) denounce unlawful conduct
2) deter
3) separate
4) rehabilitate
5) provide reparations

134
Q

two important principles in sentencing

A

1) proportionality: sentence must be proportionate to gravity of the offence
2) restraint: ensure sentence is “just and appropriate punishment, and nothing more”

135
Q

three groups of sentencing goals in the criminal courts

A

1) utilitarian
2) retributive
3) restorative

136
Q

purpose for utilitarian goals in sentencing

A

to protect public from FUTURE crimes

137
Q

4 UTILITARIAN goals of sentencing

A

1) general deterrence
2) specific deterrence
3) rehabilitation
4) incapacitation

138
Q

purpose of retributive goals in sentencing

A

focus is on the PAST

139
Q

2 retributive goals of sentencing

A

1) denunciation: to express societies disproval and to validate existing laws
2) retribution: make them pay for what they did (eye for an eye)

140
Q

purpose of restorative goals

A

gets its goals from restorative justice. attempts to fix the injuries inflicted not just on victims but communities as well. It does also carry a utilitarian function in wanting to make sure it doesn’t happen again

141
Q

Sentencing options (12)

A

1) absolute discharge
2) conditional discharge
3) suspended sentence
4) fine
5) forfeiture
6) prohibitions
7) intermittent sentence
8) probation
9) conditional sentence
10) imprisonment
11) concurrent sentences
12) consecutive sentences

142
Q

imprisonment length for prov/terr institution offenders

A

two years less a day

143
Q

imprisonment length for federal institution offenders

A

two years or more

144
Q

Victim Fine Surcharge (VFS)

A

under the Increasing Offenders Accountability Act, judges were required to ORDER the offender to PAY a VFS equal to 15% of any fine. IF there is no fine, the judge may order up to $10,000 to be paid.

145
Q

3 additional sentencing options

A

1) judicial determination
2) judicial restraint order
3) life imprisonment

146
Q

when is someone eligible for parole

A

after serving one third of parole

147
Q

under which section of the cc can you file for a Judicial restraint order?

A

s. 810 you can apply by a judge or JP

148
Q

peace bond

A

this is when a JP or judge is satisfied with the reasons for someone being a threat and the complainant wanting a restraining order so they the defendant to enter a recognizance to keep the peace and be of good behaviour for a period not to exceed 12 months

149
Q

Eva Nemeth (adult probation officer) talked about two levels of PO. Describe

A

1) Entry level PO14: first level. come in morning, check computer for status of clients if they missed appointments or something. When people are not sentenced yet but just on bail. sometimes home visits
2) Full working level PO24: fill out risk assessment like support workers. goal is to deter them from CJS.

150
Q

circle sentencing

A

restorative justice approach. the focus is on
1)Reconciliation
2)Restitution
3)Reparation - address needs of communities, victims and their fams
Draws from traditional INDIGENOUS practices

151
Q

where was circle sentencing developed?

A

In the Yukon

152
Q

In circle sentencing, which cases are of concern and why?

A

cases of DOMESTIC VIOLENCE. There is a PRESSURE to PARTICIPATE and needs are NOT adequately addressed

153
Q

why is circle sentencing viewed positively?

A

victims are heard

154
Q

what deterrent is the most significant but hardest one to achieve?

A

the CERTAINTY of punishment

155
Q

T/F: sentencing is always consistent.

A

FALSE. sentencing is NOT always consistent

156
Q

T/F: judges can’t control the implementation of sentences

A

TRUE. they cant guarantee that will happen after sentencing

157
Q

why are matching sentencing options with with offender needs and risks difficult?

A

mostly because judges DONT get feedback

158
Q

why are alternatives to confinement used?

A

cost

159
Q

s. 731 of CC

A

about probation

160
Q

section in CC about probation

A

s. 731

161
Q

probation comes from the word _____ = to _____

A

“probare” = to prove

162
Q

approx. ___% of cases turn to probation

A

45% of all criminal cases use probation

163
Q

probation (PB) vs. Parole (PA)

A

1) PB can be used in combo with community. PA must spend time INCARCERATED before release
2) PB sentencing judge makes the call. PA is administrative decision, paroling authority, NO judge involved
3) PB max 3 years. PA continues until warrant expiry date (can go on for life)
4) PB breaching probation is a charge. PA suspension and potential revocation for breach

164
Q

the two compulsory conditions of probation

A

1) keep the peace and be of good behaviour

2) notify court/PO of any change of name, address, work, etc.

165
Q

Optional conditions of probation

A

1) to meet risk and needs of offender

2) no owning/possessing firearms

166
Q

how do probationers feel about the system?

A

they view it positively and as a deterrent

167
Q

pains of probation

A

1) economic/emotional: probation is viewed as more punitive than short-term prison to offenders (they would prefer to be jailed more)

168
Q

Probation officer roles and responsibilities

A

1) assessment
2) supervision
3) Investigation: writing pre-sentence reports
4) Dual role: assistance/support and enforcement of conditions
5) Case management: PO/client relationship is CRITICAL to success of probation

169
Q

challenges of probation

A

1) occupational stress
2) supervising high risk and high-need probationers
3) heavy workloads and high caseloads
4) lack of PO-offender contact and intervention
5) providing probation services in remote and northern regions
6) supervising a diverse clientele

170
Q

two models of prisons

A

1) Pennsylvania model

2) Auburn models

171
Q

Pennsylvania model characteristics

A

1) sun of God for lighting
2) ate in their cells
3) prisoners not allowed to talk or even see each other

172
Q

Auburn model characteristics

A

1) still exists today in NYC
2) Back in the day: ate in silence, communicated with hand signals, were allowed out, could not speak to each other, starred at back of head of next person.
3) wore stripes
4) chain walking
5) whipped prisoners

173
Q

what year did the Kensington penitentiary close?

A

2013

174
Q

how long did the Kensington penitentiary run for?

A

1835-2013

175
Q

what was the name of the first penitentiary

A

Kensington penitentiary

176
Q

Kensington penitentiary characteristics that caused it to not be considered a prison model

A

1) improper corporal punishment/degrading
2) overcrowding and lack of classification
3) purpose was to CONTROL those who threatened moral and social fabrication of UPPER CDN society
4) high suicide rates
5) people learn to be dependent
6) high mental illness
7) designed an “US VS THEM” building

177
Q

what was the goal of the Kensington penitentiary?

A

to eliminate the CAUSES of crime which they believed to be

1) alcoholism
2) laziness
3) lack of moral values

and they becomes reformed by

1) hard labour
2) discipline
3) religion

178
Q

explain the two-year rule (mention the stats)

A

1) if someone is imprisoned for 2 YEARS OR MORE they will be with the FEDERAL correctional service of Canada (95% will be released)
2) if someone is imprisoned for 2 years LESS A DAY they will be in a prov/terr correctional institute (100% will be released)

179
Q

maximum security prison

A

1) holds those who can’t control behaviour
2) murderers have to spend at least 2 yrs here
3) secure, HIGHLY controlled
4) ARMED control area
5) often (but not always) in cell-feeding

180
Q

medium security prison

A

1) similar to maximum security BUT they have NO armed posts within prisons
2) diverse housing arrangement
3) more direct supervision
4) more opportunities than maximum security for movement, school, treatment, church and work

181
Q

minimum security prison

A

1) more relaxed security. no perimeter fences
2) NO ARMED officers, surveillance equipment
3) movement only restricted at night
4) usually shared GROUP housing
5) incl. healing lodges for aboriginal offenders

182
Q

how many special handling units (SHU) in Canada?

A

1

183
Q

special handling unit (SHU)

A

a high-security institution for inmates who present such a HIGH LEVEL OF RISK to STAFF and other inmates that they can’t even be housed in maximum-security facilities.

184
Q

additional CSC options

A

1) SHU
2) multi-level institutions
3) regional health centres
4) assessment centres
5) healing lodges (for indigenous offenders)

185
Q

the two types of prison security

A

1) static security: OBSERVATION. They stay at DEFINED areas and monitor
2) dynamic security: includes ongoing INTERACTION. working with, providing suggestions, providing info, and just being PROACTIVE. “you treat me with respect, I treat you with respect”

186
Q

challenges of managing inmates

A

1) meeting the requirements of law, policy and legislation such as RULE OF LAW and DUTY TO ACT FAIRLY
2) prison is a TOTAL INSTITUTION - they vary from Continuum of correctional institutions
3) SPLIT-PERSONALITY of corrections: prisons are asked to pursue CONFLICTING GOALS - protect society and also prep offenders for release
4) impact of legislation and political agenda
5) conditions in correctional institutions (dirty af, violates prisoner rights)
6) the changing offender profile
7) overcrowding (from not enough staff)
8) preventing disorder and disturbances (e.g. riots)
9) ensuring inmate safety
10) inmate health and infectious disease

187
Q

duty to act fairly

A

the OBLIGATION of correctional authorities to ENSURE that offenders are TREATED FAIRLY by correctional personnel

188
Q

total institutions

A

all aspects of life are conducted in the same place. correctional institutions, psychiatric hospitals, etc. are characterized by a HIGHLY structured environment in which all movements of the inmates are controlled 24h/day. CONSEQUENCE? INSTITUTIONALIZATION

189
Q

Continuum of correctional institutions

A

the DIFFERENCES in institutional environments among correctional institutions located at either end of the security spectrum - MAX to MIN

190
Q

challenges of special inmate populations

A

1) elderly inmates
2) mentally ill
3) offenders with FASD

191
Q

what is the general profile of Canadian inmates?

A

1) male
2) single
3) low educated
4) marginally skilled
5) young (1 in 4 over 50)

192
Q

what is the disproportional representation of CDN inmates?

A

1) indigenous (4.3% in CDN pop; 28% prisoners) and 38% are indigenous women
2) black (3% CDN pop; 10% prisoners)

193
Q

status degradation ceremonies

A

the process when an offender first enters a correctional institution where they are psychologically and materially STRIPPED of possessions that identify them as a member of the “free society”

194
Q

Sykes (1958) found that PAINS OF DEPRIVATION are deprivations of

A

1) liberty
2) goods and services
3) heterosexual relationships and relationships in general
4) personal autonomy
5) personal security

195
Q

what leads to self-injurious behaviour (SIB)?

A

usually common with inmates serving LIFE. when the pains of imprisonment and challenges faced individually (like losing pre-prison relationships with spouses/kids) leads them to hurt themselves (suicide attempts too)

196
Q

explain inmate subculture

A

inmate subculture is the social system of inmates in how they interact and have relationships among other inmates.

197
Q

what does inmate subculture play a role in?

A

providing inmates with ILLICIT goods and services AND the IMPACT that pre-prison experiences and attitudes will bring INTO the institution

198
Q

explain inmate subculture ———–> prisonization ————————> institutionalization

A

inmate subculture is what is linked to prisonization, which is the PROCESS of inmates becoming SOCIALIZED into the NORMS, VALUES, and CULTURE of the prison. However when prisonization hits too far, an inmate can become INSTITUTIONALIZED, to where they are no longer able to function in the outside free community

199
Q

prisonization

A

process where inmates become socialized into the norms, values, and cultures of the prison

200
Q

what type of offenders can become institutionalized most often?

A

state-raised offenders: inmates who spent majority of their adult lives confined in correctional institutions

201
Q

inmate code and the rule sets

A

key component of INMATE SOCIAL SYSTEM, which is a set of behavioural rules that govern interactions among inmate and institutional staff
RULES:
1) “do your own time” (mind yo business)
2) “don’t exploit other inmates”
3) “don’t weaken”

202
Q

social (or argot) roles

argon means jargon

A

ROLES that inmates assume based on their FRIENDSHIP NETWORKS, sentence lengths, and other factors related to their criminal history

203
Q

example of social (or argot) roles

A

1) “square johns” - these dudes are stand up guys that act good and CO’s like them
2) “right guys” - antisocial and have negative attitudes toward authority
3) “snitches” (rats or squealers)
4) “goof” - when inmate acts in innapropriate way
5) “fish” - new inmate

204
Q

inmate assault happen from

A

young offenders often from overcrowding

205
Q

4 indicators of subculture

A

1) their VALUES through PRISONIZATION
2) INMATE CODE (e.g. mind your own business)
3) social (or argot) roles (e.g. rat, square john)
4) specialized vocab (e.g goof)

206
Q

classification

A

the process in determining the institutional placement and programming that should be given to an offender

207
Q

two groups of classification for inmates

A

1) dynamic risk factors: things that CAN be changed. education, mental health, social networks, employment, accommodation, drugs and alcohol, attitudes, and cognitive skills
2) static risk factors: things that CAN’T be changed. criminal history, prior convictions, seriousness of it, and performances of PREVIOUS conditional releases

208
Q

research studies have identified 8 factors that RELIABLY PREDICT involvement in criminality. list them hoe.

A

1) lack of attachment to family support
2) school/employment problems
3) lack of prosocial leisure
4) antisocial peers
5) antisocial attitudes
6) antisocial personality
7) substance abuse
8) history of antisocial behaviour

CRIM 131 (2 decks)

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