Module 2: Brief History of Imprisonment Flashcards

1
Q

Describe the reasons why Canada built their first penitentiary

A

The idea of imprisonment began centuries ago, largely as an alternative to
earlier, even harsher punishments meted out to those who broke the law.

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2
Q

conditions in the Canadian
prison system have recently regressed, because of an ideology that advocates being ______. This approach shows a preference for

A

long prison sentences and harsh conditions of

imprisonment. The concerns expressed in the inquiry are still concerns today

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3
Q

Discuss some of the factors that contribute to the overrepresentation of Indigenous peoples in corrections, including colonialism.

A

1) colonialism
2) socio-economic marginalization
3) culture clash
4) Systemic discrimination

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4
Q

When Kingston Penitentiary opened, it was thought that crime was a..

A

social disease. The laziness of the poor and their lack of a moral compass
were, it was believed, what led to crime. separation, obedience,
strict religious instruction, and hard labour were necessary to teach people to respect order
and authority

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5
Q

The Brown Report

A

an investigative report in 1849 of the Kingston Penitentiary. It talked about inhumane treatment

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6
Q

The Criminal Code says that the fundamental purpose of sentencing is to

A

protect society and to
contribute to respect for the law and the maintenance of a just, peaceful and safe society by
imposing “just sanctions.

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7
Q

The Criminal Code says that the fundamental purpose of sentencing is to

A

protect society and to
contribute to respect for the law and the maintenance of a just, peaceful and safe society by
imposing “just sanctions.

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8
Q

Indigenous overrepresentation in prisons: colonialism

A

1) Indian Act - setting up for failure
2) colonial relationship whereby cultural alienation, territorial dispossession, and socio-economic marginalization became increasingly pronounced among Indigenous peoples
3) residential schools - unresolved trauma passed down - Indigenous people often say they lost their parenting skills through the residential school experience

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9
Q

Indigenous overrepresentation in prisons: Socio-economic Marginalization

A

1) employment in remote and isolated Indigenous communities is significantly lower than overall Indigenous employment numbers
2) substandard levels of housing, education, and health care for Indigenous communities.
3) Health is another serious issue. The high and increasing rate of tuberculosis (TB) currently seen is a significant indicator of the effects of socio-economic marginalization, combining poverty, poor housing, and poor health care.
4) further indicator of social and economic marginality is the high rate of suicide among Indigenous people.

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10
Q

Indigenous overrepresentation in prisons: Systemic Discrimination

A

Systemic discrimination can be seen in all phases of the criminal justice system:

  • policing,
  • courts
  • corrections.
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11
Q

systemic discrimination for Indigenous people: policing

A

1) over-policing
2) under-policing: The legitimate claims of Aboriginal people that their rights, either individually or collectively, are being violated are not taken so seriously
3) general absence of a community policing model in these communities

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12
Q

One approach to the over/under policing issue is to…

A

establish more community policing in Indigenous communities.

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13
Q

community policing model “is based on four principles:

A

1) knowing and working with communities;
2) identifying common problems and concerns;
3) resolving problems through partnerships;
4) effective and directed enforcement”

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14
Q

systemic discrimination for Indigenous people: Courts

A

always incarcerated. Always in remand.

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15
Q

courts deny bail and impose remand for one or more of three reasons:

A

1) the person is not likely to attend court for his/her next hearing or trial; 2) the person is considered a threat to the community or an individual; or 3) the nature of the alleged crime is so offensive that it would shock the public if the alleged offender were released on bail

A standard condition is that the accused have a surety

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16
Q

systemic discrimination for Indigenous people: Corrections

A
17
Q

Discuss section 84 of the CCRA

A

Section 84 permits agreements between CSC and Indigenous communities for the release of individuals to communities with conditions at the time of parole.

18
Q

Discuss section 84 of the CCRA

A

Section 84 permits agreements between CSC and Indigenous communities for the release of individuals to communities with conditions at the time of parole.

19
Q

The main source of information on federal corrections, particularly on custodial institutions, is the

A

Office of the Correctional Investigator (OCI)

20
Q

systemic discrimination for Indigenous people: Culture Clash

A

[The culture clash] theory starts from the undeniably correct thesis that Aboriginal concepts of justice and Western concepts of justice are very different. The theory then goes on to conclude that when Aboriginal people are required to fit into a system that does not recognize their values, overrepresentation occurs

example: the act of avoiding eye contact is a sign of respect among certain Indigenous cultures and in no way expresses guilt