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Criminal justice systems > Lesson 9 > Flashcards

Lesson 9 Flashcards

1
Q

Diversion in the criminal justice system refers to

A

any program, procedure, or practice that partly or entirely deals with criminal activity outside of the formal criminal justice system

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2
Q

What points can Diversion programs can be implemented in the criminal justice process

A

(a) police pre-arrest diversion
(b) pre-charge diversion
(c) courtroom diversion programs

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3
Q

Diversion programs are designed to accomplish one or more of what four goals?

A
  1. to keep offenders from being processed further into the formal justice system
  2. to reduce costs
  3. to reduce social stigma
  4. to assist offenders in addressing factors related to offending
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4
Q

Labelling Theory focuses on

A

the impact of labels (e.g., criminal, ex-convict, inmate) on individuals and how the stigma that results from some labels can limit prosocial integration and opportunities.

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5
Q

John Braithwaite distinguished between what two types of societal reaction to criminal behaviour and deviance?

A
  1. stigmatizing shame

2. reintegrative shaming

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6
Q

stigmatizing shame

A

the focus is on the labelling of the individual as deviant, not the act, wherein deviant status becomes master status

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7
Q

reintegrating shaming

A

reintegrative shaming involves community disapproval of an act, not the individual, wherein stigma is reduced and the individual is encouraged to rejoin society

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8
Q

Braithwaite’s (1989) central thesis

A

stigmatizing shame increases crime and criminal re-offending, whereas reintegrative shame reduces crime because it encourages the offender to return to conventional or prosocial society.

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9
Q

Diversion programs then aim to ______ the stigmatizing shame of formal criminal sanctions and _____ offenders to reintegrate into prosocial society by maintaining some ______ to their community or family.

A
  1. reduce
  2. encourage
  3. connection
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10
Q

ex of a formal diversion program

A

Halton Youth Justice Program developed by the Halton Regional Police Service.

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11
Q

A pre-charge diversion program, The Halton Youth Justice Program is for youth…

A
  • between the ages of 12 to 17 years who have been arrested for minor offences (e.g., shoplifting, vandalism, assault).
  • The youth must accept responsibility for the crime and there must be enough evidence to proceed with criminal charges
  • youth enter into a behavioural contract (e.g., curfew, counselling) and, if the conditions are followed and there are no new charges, no criminal charge is ever laid.
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12
Q

Conditional Discharge ex

A

Todd is given a conditional discharge by his sentencing judge and receives a mandatory period of probation.

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13
Q

Suspended Sentence ex

A

Sir Alfred receives a suspended sentence with a mandatory period of incarceration from the sentencing judge.

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14
Q

Intermittent Sentence

A

Brenda is given an intermittent sentence of 60 days – she will serve her jail time on weekends and when she is in the community during the week she will follow the conditions of a probation order.

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15
Q

Probation refers

A

a sentence imposed on an offender by a criminal court judge that provides for the supervision of the offender in the community by a probation officer, either as an alternative to incarceration or in conjunction with a period of incarceration

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16
Q

the requirements for becoming a probation officer follow what is referred to as

A

a pre-employment training model

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17
Q

Activities of probation officers

A
  1. investigation
  2. assessment
  3. counselling
  4. service coordination
  5. surveillance and enforcement
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18
Q

presentence report (PSR)

A

a report that is intended to outline the background of the offender as well their level of risk and specific treatment need to assist a judge in determining the most appropriate sentence.

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19
Q

The preparation of a PSR requires the probation officer to

A
  1. interview the offender, family and other contacts
  2. conduct a review of the offender’s available files
  3. provide judges with recommendations about treatment options and needs of the offender
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20
Q

Risk assessment refers to an evaluation or investigation process designed to accomplish two things:

A

(1) characterize the risk that an individual will commit a crime or violent act in the future
(2) develop strategies to manage or reduce that risk

21
Q

risk assessment literature are generally two categories of risk factors.

A
  1. Static risk factors

2. Dynamic risk factors

22
Q

Static risk factors

A

historical characteristics of the offender, such as a prior criminal record or the age at which an offender committed their first violent offence, that predict future re-offending.

23
Q

Dynamic risk factors

A

refer to characteristics of an offender that contribute to their risk but are changeable. For example, criminal attitudes predict future re-offending but rehabilitative programming can change an offender’s attitudes.

24
Q

Ex of Static risk factors

A
  1. past violent behaviour
  2. past criminal record
  3. age at the time of first offence
  4. history of substance abuse
  5. history of violence
25
Q

Ex of Dynamic Risk Factors

A
  1. criminal attitudes
  2. lack of insight
  3. family instability
  4. current substance abuse problem
  5. stress
26
Q

actuarial risk assessment measure

A

is a decision-making survey that follows fixed or explicit rules for identifying the presence of risk factors and assigning an overall level of risk.

27
Q

To assist with risk assessment, probation officers may use what are referred to as ________

A

actuarial risk assessment measures

28
Q

Ex of actuarial risk assessment measures

A

-Violence Risk Appraisal Guide

12 risk factors identified in research as related to violent re-offending (e.g., elementary school maladjustment, age at index offence, history of alcohol problems, single marital status at time of offence).

29
Q

intermediate sanction

A

is a term used to describe a wide range of correctional programs that generally fall between probation and incarceration.

30
Q

intermediate sanction is intended to incorporate both _____and ____ aspects.

A
  1. rehabilitative

2. punitive

31
Q

Offender-Oriented Objectives

A

Intermediate sanctions are intended to provide an element of punishment as well as provide more control and supervision than offered by probation.

32
Q

System-Oriented Objectives

A

Intermediate sanctions are intended to reduce rates of incarceration and offender recidivism rates.

33
Q

‘shock’ deterrence

A

refers to programs that are typically used with young offenders and aimed at providing a brief but intense glimpse into the criminal justice experience.

34
Q

Rational Choice Theory

A

offenders are rational decision-makers with free will.

35
Q

Boot Camp programs are shock deterrence programs based on

A

a militaristic model wherein the program participants earn privileges and responsibility are subject to drills and strict discipline.

36
Q

Scared Straight program

A

refers to a deterrent or juvenile awareness program in which at-risk youth visit a correctional facility where they are then confronted by inmate volunteers with stories about the realities of prison

37
Q

Intensive Supervision Probation (ISP)

A

is another intermediate sanction that situates itself between traditional probation and incarceration by increasing the conditions and supervision experienced by offenders on probation

38
Q

An ISP approach is typically characterized by___________- for probation officers to allow for more focused supervision of offenders

A

reducing caseloads

39
Q

Offenders assigned to an ISP program will typically experience____conditions (e.g., curfews, random drug and/or alcohol testing) and face more _________________________-

A
  1. more

2. supervision (e.g., frequent random home or employment visits).

40
Q

Electronic Monitoring (EM)

A

refers to a correctional strategy that involves placing an offender under community supervision and then using electronic equipment to ensure that the conditions of supervision are fulfilled

41
Q

EM bracelets use GPS technology allowing probation or paroles officers to

A

rack an offender’s movements on a continuous basis and determine the precise location of an offender at any given moment.

42
Q

EM technology is typically implemented at one of two points in the justice system.

A
  1. Front-end EM programs are a part of the sentencing process and involve a judge ordering the use of an EM bracelet to maintain public safety while allowing the offender to serve their sentence in the community.
  2. back-end EM programs are a part of the conditional release process and included as a condition of a temporary absence, work release, or parole.
43
Q

Proportionality (in sentencing)

A

The sentence must be proportionate to the gravity of the offence and to the degree of responsibility of the offender.

44
Q

Principle of restraint (in sentencing)

A

Ensures that the sentence that is imposed is a just and appropriate punishment, and nothing more

45
Q

Risk principle

A

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.

46
Q

Need principle

A

To be effective, correctional interventions must address the criminogenic needs of offenders.

47
Q

Responsivity principle

A

Correctional interventions should be matched to the learning styles of individual offenders, with particular emphasis on cognitive-behavioural interventions.

48
Q

Intensive probation supervision (ISP)

A

An intermediate sanction (between the minimal supervision of traditional probation and incarceration) that generally includes reduced caseloads for probation officers, increased surveillance, treatment interventions, and efforts to ensure that probationers are employed.

49
Q

Pains of probation

A

The emotional and economic challenges that probationers may experience while under probation supervision in the community.

Criminal justice systems (10 decks)

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