Module 8 Flashcards
What are the various types of conditional release?
Day Parole, Full Parole, and Statutory Release
What are some advantages of releasing an inmate early from prison?
It cuts prison costs and/or allows inmates a supervised reintegration into the community
What is the “faint hope clause”?
Section 745.6 of the Criminal Code: provides an opportunity for to apply to have their parole eligibility date moved up
Who is eligible for the “faint hope clause”?
those who have served 15 years of a life sentence
When is someone eligible for the “faint hope clause”?
“Lifers” who have served 15 years of their sentence are eligible to apply, unless they have killed more than one person
What is the difference between dangerous offender & long-term offender designations?
Long term offenders will be supervised in the community once they are released from prison ( not parole, after sentence expiry is finished)
Dangerous offenders will remain in custody for an indeterminate period of time
What do the designations (dangerous + long-term) entail?
Long-term offenders: will be supervised in the community once they are released from prison
different from parole because the term of supervision begins after the offender’s warrant expiry date
The length of supervision is determined by a judge, and may be up to 10 years
long term offender designation is usually sought by the Crown when they are not able to successfully argue that an offender should be designated as a dangerous offender
Dangerous offenders: someone who has committed a particularly violent crime or crimes or who has a significantly violent history. In these cases, a judge has determined that the only way to protect the public is to keep the offender in prison
dangerous offender designation is sought by the Crown and granted by the courts. Once designated, the National Parole Board determines if and when the offender may be released from prison
What are some changes that have been made to involve victims more in the parole process?
1) Victims who wish to participate in a parole hearing may make submissions in person, by videotape, or in written form
2) Victims are not permitted to address the offender, but they may speak to the Parole Board
3) If a victim makes a written or videotaped submission, he or she can request that the specific information not be shared with the offender, but the Board must tell the offender that he or she has received the submission and give them an idea of the general content
4) If they wish, victims can be advised of eligibility dates, parole board decisions, and release status of offenders.
5) Victim impact statements and concerns about post-release safety are considered by parole boards.
6) Victims can attend parole hearings.
7) Anyone can apply to the Decision Registry for written copies of National Parole Board decisions
List 5 factors that parole boards take into consideration when someone applies for parole?
1) the crime committed
2) patterns of offending
3) attitude of the offender
4) efforts that the offender has undertaken while in prison to prevent future offending
5) his or her institutional record (i.e., how he or she has behaved while in prison)
6) previous parole violations (if any)
7) the plans that the inmate has in place for their release
8) the length of crime-free
9) periods between convictions
10) nature of the current offence and its seriousness
11) understanding the inmate appeared to have gained of the situation
12) taking advantage of educational and employment upgrading activities
13) plans the inmate had for employment or training and how definite those plans were
List 3 pros and 3 cons of community notifications
Pros: 1) alerts the public to a potential risk, thereby reducing the likelihood of another offence occurring 2) Information on convictions is in the public domain
Cons: 1) no evidence that CN is effective 2) CN can increase public fear, resulting in vigilantism 3) Individuals intent on reoffending can simply visit or move to another area
What is the risk of recidivism among parolees?
recidivism rates are highest among those on statutory release (i.e., those who were not released earlier on parole)
most “failures” are due to breaches of conditions, or technical violations, not the commission of new offences
What are 5 factors associated with recidivism?
1)associating with others who are or have been involved in crime
2)having pro-criminal attitudes, values, and beliefs
3)troubled relationships with others
4)being male (Goff, 2014, p. 413).
5)Griffiths (2015) also adds these factors: lack of social achievement (i.e., education and employment), substance abuse, number of prior convictions, and failure to complete previous parole conditions (p. 263)
greater the number of these factors present, the more likely it is that an offender will recidivate
What happens when an offender breaches their parole?
may result in the suspension of parole for the offender, or the offender will be released and allowed to continue on parole. At this point the conditions may be altered, if necessary
