1 CRJS 4476 Lecture #2

2 Sentencing key here is in understanding the difference key here is in understanding the difference between the conviction and the sentence - the between the conviction and the sentence - the offence one is convicted of determines, within offence one is convicted of determines, within certain parameters, the sentence that can be certain parameters, the sentence that can be adjudicated; within those parameters, the judge adjudicated; within those parameters, the judge has the discretion to sentence, taking into has the discretion to sentence, taking into information supplied to the court by probation information supplied to the court by probation officers, victims, defence, Crown, etc. officers, victims, defence, Crown, etc. discretion as to type and length of sentence discretion as to type and length of sentence

3 goals of sentencing goals of sentencing - deterrence (specific and general) - but note potential conflict here with the current potential conflict here with the current domestic violence inititatives domestic violence inititatives - selective incapacitation (e.g. dangerous offender designation) offender designation) (especially ‘dangerous offenders’) (especially ‘dangerous offenders’) - justice (the punishment should fit the crime) - rehabilitation (e.g. Gendreau - ‘what works’) disposition: the actual sanction imposed in disposition: the actual sanction imposed in sentencing sentencing

4 issues in sentencing: issues in sentencing: - lack of coherent sentencing rationale - public opinion - sentencing guidelines - sentencing disparity - race and sentencing disparity - gender and sentencing disparity - disparity in sentence length - victim impact statements - healing circles

5 Community Corrections Robert Martinson (1974) - “nothing works?” Robert Martinson (1974) - “nothing works?” the justice model the justice model the search for alternatives to imprisonment the search for alternatives to imprisonment probation, conditional sentences, and probation, conditional sentences, and “intermediate sanctions” - intensive “intermediate sanctions” - intensive supervision probation, home confinement, supervision probation, home confinement, electronic monitoring, and day fines electronic monitoring, and day fines

6 1. Probation applies only at provincial level applies only at provincial level most common form of community sanction most common form of community sanction approximately 55,000 on probation in Ontario, approximately 55,000 on probation in Ontario, compared to about 7500 sentenced inmates compared to about 7500 sentenced inmates

7 granted after judge suspends sentences, ordersgranted after judge suspends sentences, orders period of probation instead (except where a period of probation instead (except where a minimum period of incarceration is required minimum period of incarceration is required by Criminal Code) by Criminal Code) probation often used as a ‘split sentence’, in probation often used as a ‘split sentence’, in combination with a fine, or after serving a combination with a fine, or after serving a provincial sentence (two years less a day) provincial sentence (two years less a day) not just first-time, or non-violent offenders not just first-time, or non-violent offenders

8 probation usually involves release into the probation usually involves release into the community, under the supervision of a probation community, under the supervision of a probation officer, with the requirement of abiding by certain officer, with the requirement of abiding by certain conditions of the judge’s probation order: conditions of the judge’s probation order: - remain within jurisdiction - reporting - keeping the peace - informing authorities of changes in residence or employment or employment - non-contact with criminal associates

9 court may impose additional conditions: court may impose additional conditions: - drug counselling - other treatment directives - community service order - non-contact with children - alcohol prohibition maximum term is 3 years; although Bill C-41 maximum term is 3 years; although Bill C-41 provides for a term of super-probation of up provides for a term of super-probation of up to 10 years for dangerous offenders to 10 years for dangerous offenders

10 while many violent offenders are on probation, while many violent offenders are on probation, these are the less serious violent crimes these are the less serious violent crimes probation supervision can be quite lengthy, up to probation supervision can be quite lengthy, up to three years, which may exceed what could be three years, which may exceed what could be achieved through incarceration achieved through incarceration sex offenders receive longest probation terms sex offenders receive longest probation terms note: 72% of violent offenders get probation, note: 72% of violent offenders get probation, versus only 55% of property crime offenders - versus only 55% of property crime offenders - why? why?

11 women more likely to receive probation than men women more likely to receive probation than men high number of breaches of probation orders high number of breaches of probation orders occur - though probation officers have considerable occur - though probation officers have considerable discretion in addressing breaches discretion in addressing breaches

12 2. Conditional Sentence a product of Bill C-41 (sentencing reform bill, a product of Bill C-41 (sentencing reform bill, 1996) 1996) sentence of imprisonment of less than two years, sentence of imprisonment of less than two years, served by the offender in the community under served by the offender in the community under mandatory and optional conditions mandatory and optional conditions

13 conditional sentence can be imposed where: conditional sentence can be imposed where: 1. there is no minimum term of imprisonment 2. sentence is less than two years 3. no danger to public, and consistent with fundamental principles of sentencing fundamental principles of sentencing real goal of conditional sentence is to reduce real goal of conditional sentence is to reduce prison population prison population

14 mandatory conditions for conditional sentence: mandatory conditions for conditional sentence: - keep the peace - appear before court when ordered - remain within jurisdiction - informing of change of address or employment optional conditions: optional conditions: - curfew - attend treatment - maintain support for dependents - medical/psychiatric treatment - non-contact with criminal peers

15 note the high use of conditional sentences in the note the high use of conditional sentences in the case of the Aboriginal population - why? case of the Aboriginal population - why? Roberts (1999) - some concern with sentencing Roberts (1999) - some concern with sentencing disparity, misunderstanding of the use of disparity, misunderstanding of the use of conditional sentences conditional sentences Ontario - interest in researching the level of Ontario - interest in researching the level of recidivism among conditional sentenced recidivism among conditional sentenced offenders offenders the issue of ‘net widening’ - did the conditional the issue of ‘net widening’ - did the conditional sentence reduce the prison population? sentence reduce the prison population?

16 3. Intermediate Sanctions originated in the U.S. in the 1980’s, again in originated in the U.S. in the 1980’s, again in response to a desire to decrease escalating response to a desire to decrease escalating prison costs, reduce prison overcrowding prison costs, reduce prison overcrowding critics argue that these have resulted in critics argue that these have resulted in further ‘net-widening’, in fact leading to further ‘net-widening’, in fact leading to increased correctional costs increased correctional costs note here: Clear (1994) and the punishment note here: Clear (1994) and the punishment paradigm (p. 317) paradigm (p. 317)

17 are intermediate sanctions a way of cost-saving? are intermediate sanctions a way of cost-saving? - reduced savings in supervision? - inmate pay schemes? - reduced recidivism? - improved public safety? ISP - Intensive supervision probation ISP - Intensive supervision probation - the most common form of intermediate sanction - small officer to client ratio - frequent reporting - specific program/treatment/supervision focus - random drug tests, curfew checks - strict enforcement of conditions

18 evaluations of of ISP programs evaluations of of ISP programs - in fact, most participants not prison bound - high re-arrest rates - recidivism reduced only for rehab intensive programs programs home confinement & electronic monitoring home confinement & electronic monitoring - goal is to reduce costs, overcrowding by leaving offender in community, in family and leaving offender in community, in family and working, while enforcing mandatory and working, while enforcing mandatory and optional conditions optional conditions

19 electronic monitory equipment and monitoring electronic monitory equipment and monitoring process - the Ontario experience process - the Ontario experience evaluations of EM programs evaluations of EM programs - net-widening - does not reduce recidivism - cheaper - lack of public support/fear

20 4. Fines increasing use of fines/cost recovery programs increasing use of fines/cost recovery programs as a component of sentencing as a component of sentencing some issues here about the fairness/ability to some issues here about the fairness/ability to pay related to the levying of fines - pay related to the levying of fines - discriminatory in the case of the poor, women discriminatory in the case of the poor, women and minorities and minorities use of fine option programs, day fine programs use of fine option programs, day fine programs

21 parole board decision-makingparole board decision-making - discretion - lack of due process protections - the role of the Canadian Sentencing Commission (1987) Commission (1987)

22 conditional release programs conditional release programs - full parole - day parole - temporary absences (escorted, unescorted) - statutory release new role of the parole board new role of the parole board - protection of society is primary goal of parole board parole board - risk is fundamental to any decision - restrictions on offender must be limited to those necessary for safety/reintegration those necessary for safety/reintegration - supervised release increases likely of reintegration reintegration

23 risk assessment: risk assessment: - risk (direct services to higher-risk cases) - need - must address criminogenic needs - responsivity - types of program / offenders do different approaches work best with different approaches work best with static versus dynamic factors static versus dynamic factors

24 recidivism recidivism - measuring recidivism - male YO’s about 40% one-year post release: adult males slightly higher: women in 30% adult males slightly higher: women in 30% range range - differences depending on release method - risk factors - static and dynamic - gender - gender - race - race - marital status - marital status - employment - employment