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CRJS 4476CRJS 4476Lecture #2Lecture #2

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SentencingSentencing

• key here is in understanding the differencekey here is in understanding the difference between the conviction and the sentence - thebetween the conviction and the sentence - the offence one is convicted of determines, withinoffence 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 judgeadjudicated; 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 probationinformation supplied to the court by probation officers, victims, defence, Crown, etc.officers, victims, defence, Crown, etc.

• discretion as to type and length of sentencediscretion as to type and length of sentence

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• goals of sentencinggoals of sentencing- deterrence (specific and general) - but note- deterrence (specific and general) - but note potential conflict here with the currentpotential conflict here with the current domestic violence inititativesdomestic violence inititatives- selective incapacitation (e.g. dangerous - selective incapacitation (e.g. dangerous offender designation) offender designation) (especially ‘dangerous offenders’)(especially ‘dangerous offenders’)- justice (the punishment should fit the crime)- justice (the punishment should fit the crime)- rehabilitation (e.g. Gendreau - ‘what works’)- rehabilitation (e.g. Gendreau - ‘what works’)

• disposition: the actual sanction imposed in disposition: the actual sanction imposed in sentencingsentencing

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

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Community CorrectionsCommunity Corrections

• Robert Martinson (1974) - “nothing works?”Robert Martinson (1974) - “nothing works?”

• the justice modelthe justice model

• the search for alternatives to imprisonmentthe search for alternatives to imprisonment

• probation, conditional sentences, andprobation, conditional sentences, and “ “intermediate sanctions” - intensiveintermediate sanctions” - intensive supervision probation, home confinement, supervision probation, home confinement, electronic monitoring, and day fines electronic monitoring, and day fines

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1. 1. ProbationProbation

• applies only at provincial levelapplies only at provincial level

• most common form of community sanctionmost common form of community sanction

• approximately 55,000 on probation in Ontario,approximately 55,000 on probation in Ontario, compared to about 7500 sentenced inmatescompared to about 7500 sentenced inmates

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•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 requiredminimum 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

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• probation usually involves release into the probation usually involves release into the community, under the supervision of a probationcommunity, under the supervision of a probation officer, with the requirement of abiding by certainofficer, with the requirement of abiding by certain conditions of the judge’s probation order:conditions of the judge’s probation order:

- remain within jurisdiction- remain within jurisdiction- reporting- reporting- keeping the peace- keeping the peace- informing authorities of changes in residence- informing authorities of changes in residence or employmentor employment- non-contact with criminal associates- non-contact with criminal associates

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• court may impose additional conditions:court may impose additional conditions:- drug counselling- drug counselling- other treatment directives- other treatment directives- community service order- community service order- non-contact with children- non-contact with children- alcohol prohibition- 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 offendersto 10 years for dangerous offenders

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• while many violent offenders are on probation, while many violent offenders are on probation, these are the less serious violent crimesthese are the less serious violent crimes

• probation supervision can be quite lengthy, up toprobation 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 incarcerationachieved through incarceration

• sex offenders receive longest probation termssex 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?

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• women more likely to receive probation than menwomen 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 considerableoccur - though probation officers have considerable discretion in addressing breachesdiscretion in addressing breaches

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2. 2. Conditional SentenceConditional 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 underserved by the offender in the community under mandatory and optional conditionsmandatory and optional conditions

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• conditional sentence can be imposed where:conditional sentence can be imposed where:1. there is no minimum term of imprisonment1. there is no minimum term of imprisonment2. sentence is less than two years2. sentence is less than two years3. no danger to public, and consistent with3. no danger to public, and consistent with fundamental principles of sentencingfundamental principles of sentencing

• real goal of conditional sentence is to reduce real goal of conditional sentence is to reduce prison populationprison population

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• mandatory conditions for conditional sentence:mandatory conditions for conditional sentence:- keep the peace- keep the peace- appear before court when ordered- appear before court when ordered- remain within jurisdiction- remain within jurisdiction- informing of change of address or employment- informing of change of address or employment

• optional conditions:optional conditions:- curfew- curfew- attend treatment- attend treatment- maintain support for dependents- maintain support for dependents- medical/psychiatric treatment- medical/psychiatric treatment- non-contact with criminal peers- non-contact with criminal peers

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• note the high use of conditional sentences in thenote 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 sentencingRoberts (1999) - some concern with sentencing disparity, misunderstanding of the use of disparity, misunderstanding of the use of conditional sentencesconditional sentences

• Ontario - interest in researching the level of Ontario - interest in researching the level of recidivism among conditional sentenced recidivism among conditional sentenced offendersoffenders

• the issue of ‘net widening’ - did the conditionalthe issue of ‘net widening’ - did the conditional sentence reduce the prison population?sentence reduce the prison population?

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3. 3. Intermediate SanctionsIntermediate 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 overcrowdingprison 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 costsincreased correctional costs

• note herenote here: Clear (1994) and the punishment: Clear (1994) and the punishment paradigm (p. 317)paradigm (p. 317)

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• are intermediate sanctions a way of cost-saving?are intermediate sanctions a way of cost-saving?- reduced savings in supervision?- reduced savings in supervision?- inmate pay schemes?- inmate pay schemes?- reduced recidivism?- reduced recidivism?- improved public safety?- improved public safety?

• ISP - Intensive supervision probationISP - Intensive supervision probation- the most common form of intermediate sanction- the most common form of intermediate sanction- small officer to client ratio- small officer to client ratio- frequent reporting- frequent reporting- specific program/treatment/supervision focus- specific program/treatment/supervision focus- random drug tests, curfew checks- random drug tests, curfew checks- strict enforcement of conditions- strict enforcement of conditions

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• evaluations of of ISP programsevaluations of of ISP programs- in fact, most participants not prison bound- in fact, most participants not prison bound- high re-arrest rates- high re-arrest rates- recidivism reduced only for rehab intensive - recidivism reduced only for rehab intensive programsprograms

• home confinement & electronic monitoringhome confinement & electronic monitoring- goal is to reduce costs, overcrowding by - goal is to reduce costs, overcrowding by leaving offender in community, in family andleaving offender in community, in family and working, while enforcing mandatory and working, while enforcing mandatory and optional conditionsoptional conditions

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• electronic monitory equipment and monitoringelectronic monitory equipment and monitoring process - the Ontario experienceprocess - the Ontario experience

• evaluations of EM programsevaluations of EM programs- net-widening- net-widening- does not reduce recidivism- does not reduce recidivism- cheaper- cheaper- lack of public support/fear- lack of public support/fear

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4. 4. FinesFines

• increasing use of fines/cost recovery programsincreasing use of fines/cost recovery programs as a component of sentencingas 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, womendiscriminatory in the case of the poor, women and minoritiesand minorities

• use of fine option programs, day fine programsuse of fine option programs, day fine programs

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

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• conditional release programsconditional release programs- full parole- full parole- day parole- day parole- temporary absences (escorted, unescorted)- temporary absences (escorted, unescorted)- statutory release- statutory release

• new role of the parole boardnew role of the parole board- protection of society is primary goal of- protection of society is primary goal of parole boardparole board- risk is fundamental to any decision- risk is fundamental to any decision- restrictions on offender must be limited to- restrictions on offender must be limited to those necessary for safety/reintegrationthose necessary for safety/reintegration- supervised release increases likely of - supervised release increases likely of reintegrationreintegration

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• risk assessment: risk assessment: - risk (direct services to higher-risk cases)- risk (direct services to higher-risk cases)

- need - must address criminogenic needs- need - must address criminogenic needs

- responsivity - types of program / offenders do- responsivity - types of program / offenders do different approaches work best withdifferent approaches work best with

• static versus dynamic factorsstatic versus dynamic factors

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• recidivismrecidivism- measuring recidivism- measuring recidivism- male YO’s about 40% one-year post release:- male YO’s about 40% one-year post release: adult males slightly higher: women in 30% adult males slightly higher: women in 30% rangerange- differences depending on release method- differences depending on release method- risk factors - static and dynamic- risk factors - static and dynamic

- gender- gender - race- race - marital status- marital status - employment- employment