CRIMINAL LAW: CORRECTIONS
HOW DOES THE PUNISHMENT SIDE OF OUR
CRIMINAL JUSTICE SYSTEM WORK?
RETRIBUTIVE
REHABILITATIVE
RESTORATIVE
HISTORICAL CORRECTIONS: RETRIBUTIVE,
REHABILITATIVE OR RESTORATIVE?
• 18th Century
• Crimes treated very severely
• Jails/prisons used as holding areas until
actual sentence carried out
• Sentences: maiming, torture, dismembering,
capital punishment, humiliation.
• No “special treatment” for men, women,
children.
1. What contextual details help explain why the above was true for Corrections
in the 18th Century?
2. How would you describe/categorise Corrections then?
HISTORICAL CORRECTIONS: RETRIBUTIVE,
REHABILITATIVE OR RESTORATIVE?
•
19th Century
• Statute of 1800: adoption of English Law
• Punishments: some lessened in severity, fines
common, shaming, humiliation, banishment,
transportation (Australia, adrift)
• Creation of prisons: workhouses, penitentiaries,
(Quaker influence), prisons.
• Focus: hurt pride and spirit by depriving of
individual assets, rights and freedom.
• 1867 BNA Act: separation of provincial/federal
corrections.
• 1886 Penitentiary Act: guidelines for inspectors,
separation of sexes, young offenders and “insane”
convicts.
• 1886 Act Respecting Public and Reformatory
Prisons: separation of young offenders, remission,
leave for medical, humanitarian or rehabilitative
reasons.
1. What contextual details help explain why the above was true for Corrections
in the 19th Century?
2. How would you describe/categorise Corrections in this period?
HISTORICAL CORRECTIONS: RETRIBUTIVE,
REHABILITATIVE OR RESTORATIVE?
•
20th Century
• Punishment as retribution and deterrance was
considered integral, but brutal treatment was being
seen as inappropriate by press, advocates
(especially Quakers, Salvation Army)
• 1936 Royal Commission: Church groups
activated
• 1950s: minimum security, rehabilitate on a medical
model (therapy, psychotherapy, electric shock,
surgery)
1. What contextual details help explain why the above was true for Corrections
in the 20th Century?
2. How would you describe/categorise Corrections in this period?
HISTORICAL CORRECTIONS: RETRIBUTIVE,
REHABILITATIVE OR RESTORATIVE?
•
1. What contextual details help explain why the above
was true for Corrections in the 22st Century?
2. How would you describe/categorise Corrections in
this period?
21st Century
BY THE NUMBERS TODAY…
ISSUES IN PRISON TODAY…
CRIME AND PUNISHMENT…
No Country has a good code of laws. The reason for this is evident- the
laws have been made according to the time, the place, and the need.
When the needs have changed, the laws which have remained have
become ridiculous. Voltaire.
Laws and institutions must go hand in hand with the progress of
the human mind. Thomas Jefferson.
Rigid justice is the greatest injustice. Thomas Fuller.
Each of the quotations refer to legal systems from past centuries in
different countries. Select one and describe how it also applies to a
stage, or the progression, of the Canadian system.
SENTENCING…
• Up to the judge to decide. Crown and defense make suggestions,
other stakeholders make submissions (Probation Officers, Social
Workers, Medical professionals, etc).
• Criminal code establishes guidelines.
• “Mandatory minimums” a contemporary political issue.
Factors Considered
• Previous record
• Seriousness/nature of offence
• Attitude
• Risk to society/victims to
reoffend
• Plans for rehabilitation
• Programs available
• Range of sentence permitted by
law
• jurisprudence
Types of Sentences
• Discharge
• Conditional discharge
• Absolute discharge
• Suspended sentence
• Probation
• Fine/Restitution
• Privilege Suspension
• Community Service
• Imprisonment
ISSUES IN SENTENCING TODAY…
PAROLE…
• A gradual release into the community
• Purpose: reintegration, demonstrate good behaviour, less
expensive, minimises negative impacts of incarceration
• Process: apply to National or Provincial Parole Board depending
on where sentence is being served; interview; statements;
decision.
Factors Considered
• Seriousness of offence
• Contributing factors to the offence
• Previous criminal behaviours
• Response to incarceration- remorse,
participation
• Response to previous paroles
• Family support/social contacts
• Community response
• Plans of prisoners
• Views of medical professionals, judges,
prison authorities, police
Types of Actions
• Grant (federal only)
• Remainder of
sentence
• Escorted/unescorte
d leave
• Day parole
• Day pass
• Postpone
• Deny
ISSUES IN PAROLE TODAY…
ISSUES TODAY…
• Guiding Principals
• Retributive
• Rehabilitative
• Restorative
• Cost
• Short vs. Long Term
• Fairness
• To victims
• To offenders
• To society
ASSIGNMENT…
1- Select a profile of an offender and fill in any missing
details you feel are important.
2- Select your professional roles.
3- Spend 30-40 minutes researching/exploring your role as it
relates to your client.
4- Spend 20 minutes sharing your expert knowledge focused
around the specific offender and what he/she needs.
5- Spend 20 minutes identifying and discussing the broader
systemic issues/characteristics that operate as opportunities
or constraints for your client.
6- Prepare an collaborative report for submission end of
class Monday December 10th.
Wednesday December 12th: Guest Speakers from the John Howard Society.
Friday December 14th: Addendum to your report (individual) that reflects your
interactions with the guests.