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Criminal Behaviour > Lecture 2: Sentencing & Custody Classification > Flashcards

Lecture 2: Sentencing & Custody Classification Flashcards

1
Q

Why is crime of concern to Canadians?

A
  • High rates
  • High costs
  • Possible victimization
  • New Canadians must adapt
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2
Q

What should sentencing do?

A

Sentencing should alter criminal behaviour by attempting to manage its consequences

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3
Q

What is restorative justice?

A

Restorative justice is a systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders and communities caused or revealed by the criminal behaviour.

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4
Q

What are the key elements of Restorative Justice?

A

a) identifying and taking steps to repair harm
b) involving allstakeholders
c) transforming the traditional relationship between communities and their governments in responding to crime.

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5
Q

What are the key values of restorative justice?

A
  • Encounter: Create opportunities for victims, offenders and community members who want to do so to meet to discuss the crime and its aftermath
  • Amends: Expect offenders to take steps to repair the harm they have caused
  • Reintegration: Seek to restore victims and offenders as whole, contributing members of society
  • Inclusion: Provide opportunities for parties with a stake in a specific crime to participate in its resolution
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6
Q

What are the types of Restorative Justice approaches?

A

1) Victim offender mediation: Conferencing and Circles
2) Providing victim assistance
3) Ex-offender assistance
4) Restitution
5) Community Service

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7
Q

What is the evidence for restorative justice (i.e., victim-offender mediation program)

A
  • Strong support by victims, offenders and criminal justice practitioners
  • Victims wanted to know why offence took place and convey impact to offender
  • Lower recidivism rate and greater restitution
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8
Q

What is provincial corrections?

A

Provincial jurisdiction - offenders with sentences under 2 years, community sentences or probation; young offenders

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9
Q

What is federal corrections?

A

Federal jurisdiction – offenders with sentences of 2 or more years (better data available)
15,215 incarcerated + 7,754 under community supervision

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10
Q

Who is the single largest employer of psychologists?

A

Staff (18,244): correctional staff (42%), parole officers, social workers, psychologists (CSC [correctional service Canada] is Canada’s single largest employer of psychologists)

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11
Q

What are the typical lengths of sentences?

A
  • 53% of custodial sentences by adult courts are less than 1 month
  • Sentences for men usually longer than for women
  • 3.1% of custodial sentences are 2 or more years
  • Length of a sentence has implications for assessment and treatment services
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12
Q

How many crimes result in federal sentences (crime funnel)?

A

Relatively few (4718) compared to the number reported to police (2,204,812)

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13
Q

Where are the majority of CSC employees clustered?

A

They are clustered in custody centres (77.2; e.g., correctional officers, administrative support, health care, parole officers, program staff and instructors/supervisors)

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14
Q

Is the cost of keeping an inmate incarcerated higher for females or males?

A

It is much higher for females. Could be for various reasons like health and hygiene.

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15
Q

What is the most common area of offender complaint received by the office of correctional investigator?

A

Health care (838 complaints in 2017-18)

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16
Q

What percentage of offenders are in custody vs. in the community (e.g., day parole)?

A

60.7% of offenders are in custody and 38.5 are actively supervised and 0.8 are temporarily detained in a non-CSC facility

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17
Q

Has the number of offenders in a CSC facility decreased or increased in the last 4 years?

A

it has decreased

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18
Q

What proportion of the offender population is 50 or over?

A

25%

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19
Q

What proportion of offenders are caucasian?

A

56.3% (24% indigenous, 7.3% black, 5.5% asian, other/unkown 5.9%, Hispanic 1.1%)

20
Q

What proportion of offenders are serving a sentence for a violent offence?

A

69.7%

21
Q

What security level are the majority of offenders classified as?

A

classified as medium risk

22
Q

What has happened to the number of offenders of escapees since 2013-2014?

A

remained stable

23
Q

Has the proportion of offenders in the community under supervision increased or decreased in the past 5 years?

A

Increased

24
Q

What are the components used for custody placement?

A
  • public safety concern
  • escape risk concern
  • institutional adjustment concern
25
Q

What does initial assessment include?

A 
Orientation
Critical concerns
Protective custody
Initial plans
Sentence administration
Medical
Security
Mental Health
Suicide
Supplementary (education/vocation, substance abuse, family violence, sex offender, psychological)
26
Q

What are examples of static factors?

A 
Criminal history
Offence severity
Sex offence history
Detention criteria
Statistical risk estimate (SIR-R1)
27
Q

What are some examples of dynamic factors?

A 
Employment
Marital/Family
Associates
Substance Abuse
Community Functioning
Personal/Emotional
Attitude
28
Q

What are internal and external prison classification systems?

A

External:
-Custody level placement (L,M,H)
Internal:
-Cell allocation (single/double/dorm)
-Regular population or Protective Custody
-Program assignment (match criminogenic needs)

29
Q

What are the purposes of assessment tools?

A
  • Guide and structure decision-making
  • Reduce bias
  • Improve the placement of offenders for treatment and
  • public safety
  • Manage offenders in a more effective manner
  • Respond to legal challenges
  • Utilize resources more effectively
30
Q

What are the classification standards?

A

Instruments need to be testing prior to implementation

  • Reliability
  • Validity
  • Sample representativeness
31
Q

What are the implications of over classification (e.g., More offenders at higher security)?

A
  • Fails to meet CCRA least restrictive.
  • Subject to appeal
  • More costly.
  • Reduces parole grant rates.
32
Q

What are the implications of under classification (e.g., More offenders at lower security)?

A
  • More security incidents within prison.
  • Possibly higher escape rates resulting in greater public concern.
  • Saves money.
33
Q

How do we deal with over-classification?

A
  • Change cut-offs?
  • Change scoring for subgroups (e.g., Aboriginals, Women)
  • Validate using retrospective data
  • How might over-rides (e.g., professional discretion) apply?
34
Q

What are the 6 criteria of an objective classification model?

A

1) Use of both reliable and valid factors to assess a prisoner’s custody level.
2) Centralized classification unit that is adequately staffed with well-trained professional personnel who have control over inter-agency transfers.
3) Clear policies and procedures relating to offender classification.
4) Initial classification process and annual reclassification process.
5) A fully automated classification system to permit decisions to be recorded and evaluated.
6) Use of over-rides to allow staff to depart from scored classification level for reasons approved by the agency.

35
Q

What is reclassification?

A

-Typically includes dynamic factors (Program participation, Current adjustment)
-Weights different than initial classification
(Current offense may be weighted less for reclassification (0-7 upon admission, 0-5 upon reclassification)

36
Q

What factors are predictive of prison misconduct?

A
  • Current age (Older offenders less involved in misconducts)
  • Gender (Females less involved in misconducts)
  • History of violence (Recent history predictive of continuation)
  • History of mental illness (More likely to be involved in misconducts (definition?)
  • Gang membership (Gang members more likely to be involved in misconducts)
  • Program participation (Offenders not involved in or not completed programs more likely to commit misconducts)
  • Recent disciplinary actions (Offenders with recent misconducts are more likely to continue)
37
Q

What are the common factors that are used without predictive validity?

A

-Drug and alcohol use
-History of escape
-Sentence length
-Severity of offense
-Time left to serve
Note: Reflect zero tolerance for error

38
Q

What are some issues with classification?

A
  • Agencies must ensure policies are not overly restrictive
  • Distinguish between female and male offender classification systems
  • Desirable to have dynamic factors to permit reductions in security placement over time
39
Q

What is the difference between prison classification and risk assessment?

A
  • Classification focuses on prison custody levels, prison adjustment, escapes
  • Traditional risk assessment focuses primarily on public safety/community recidivism
  • Some factors overlap, many do not
40
Q

What is the approach and criterion for each step of the approach?

A

Classification: Custody level & Prison adjustment
Risk assessment: Risk, new crime

Release/Parole: Risk, Severity if a failure

41
Q

What placement issues have to be considered when deciding security level?

A

Minimum Security: Not an escape risk and if escaped not a risk to the public
Medium Security: Not a considerable escape risk, but would leave if presented the opportunity and if escaped would be of concern to the public
Maximum Security: A considerable escape risk and if escaped would be a significant concern to the public

42
Q

What is a common factor considered by the parole board when making release decisions?

A
  • Misconduct
  • Must also consider degree of security required within a prison
  • Legal requirement to protect staff and inmates
  • Misconducts typically distinguished as minor or major
43
Q

What are the ABC’s of risk-needs classification?

A
  • Objective (structured administration and scoring)
  • Reliable (internal & inter-rater)
  • Meaningful (items make sense)
  • Predictive validity (predict relevant outcomes)
  • Dynamic validity (changes predict outcome)
  • Socially unbiased (don’t violate charter - ethnicity & gender)
  • Generalization (applies to other groups and settings beyond construction sample)
44
Q

What is the prison rape elimination act?

A

Screening for vulnerability and predation within a prison (use a measure to assess vulnerability to predation and likelihood to be a predator)

45
Q

What do structured classification methods provide for?

A
  • Cost savings (costs more to have offenders over-incarcerated)
  • Reduces escape rates
  • Meets legal requirements of least restrictive
  • Population-specific (gender)

Criminal Behaviour (13 decks)

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