Midterm 3 Flashcards
1
Q
what is the pennsylvania model (for prisons)
A
a separate and silent system in which prisoners were completely isolated from one another, eating, working, and sleeping in separate cells
2
Q
what is the Auburn model (for prisons)
A
a system that allowed prisoners to work and eat together during the day and housed in individual cells at night
3
Q
which prison model were most prisons patterned after in the US and Canada
A
the auburn prison model
4
Q
def. of moral architecture
A
the term used to describe the design of the first penitentiary in Canada (in Kingston Ontario) the intent of which was to reflect themes of order and morality
5
Q
what did the first penitentiary in Canada want to address and how did they go about doing that (what was the reformation process like)
A
wanted to address the underlying causes of crime: intemperance, laziness, and a lack of moral values. Focused on hard labour and religion. enforced a silent system. breaches of prison regulations brought swift and harsh punishment (flogging, leg irons, solitary confinement, and rations of bread and water)
6
Q
What was the Brown Commission
A
a Royal commission that investigated into the operation of the Kingston Penitentiary (because the conditions were so bad) that condemned the use of corporal punishment against inmates and emphasized the need for rehabilitation.
7
Q
t/f- prisoners of local jails and provincial institutions in around the late 1800s had to pay for their meals, liquor, rent, and at release a jailer’s service fee
A
true
8
Q
what shifted in the treatment model of corrections after ww2
A
fed. prison system introduced vocational training, education, and therapeutic intervention techniques (group counselling and individual therapy)
9
Q
what decade was the height of the treatment model and Canadian corrections, what happened in the 20th/21st century
A
the decade of the 1960s, but by the late 20th and 21st centuries there was a shift to a more conservative model due in part to the political agenda of the then federal conservative government
10
Q
What is Correctional Service Canada (CSC)
A
a Canadian public safety agency that operates the federal system of corrections, it’s responsible for offenders who receive a sentence of 2+ years. It has five regions and operates a variety of facilities such as federal penitentiaries, halfway houses, healing lodges and treatment centres for Indigenous offenders, community parole offices, psychiatric hospitals, reception and assessment centres, health care centres, palliative care units, and an addiction research centre.
11
Q
what % of convicted offenders receive sentences that place them under the jurisdiction of provincial/territorial correctional authorities
A
96%
12
Q
t/f- it is not provincial/territorial governments that operate correctional facilities, remand centres, and specialized institutions for offenders with severe mental health issues
A
false- these ARE ran by provincial/territorial govs.
13
Q
what type of sentence are most adult offenders on and what %
A
80% are on probation or serving conditional sentences
14
Q
what 3 provinces/territories have the highest incarceration rates in Canada
A
Northwest territories, Yukon, and Nunavut
15
Q
t/f- Nunavut and NorthWest Territories have higher rates of incarceration than Russia and South Africa
A
true
16
Q
t/f- Although more offenders are held in provincial and territorial institutions, the time spent in confinement is short
A
true
17
Q
what are minimum-security institutions
A
federal correctional facilities that generally have no perimeter fencing and allow unrestricted inmate movement except at night
18
Q
what are medium-security institutions
A
federal correctional facilities which are surrounded by high-security perimeter fencing with some restrictions on inmate movement
19
Q
what are maximum-security institutions
A
federal correctional institutions which have highly controlled environments, high-security perimeter fencing, and an environ- ment in which inmates’ movements are strictly controlled and constantly monitored by video surveillance cameras.
20
Q
What is the Special Handling Unit (SHU)
A
a high-security institution for inmates who present such a high level of risk to staff and other inmates that they cannot be housed in maximum-security facilities.
21
Q
What are the regional health centres that are operated by the CSC
A
These facilities house violent offenders and offer treatment programs that focus on violence and anger management.
22
Q
what is static security
A
Fixed security apparatus in correctional institutions, including fixed security posts wherein correctional officers
are assigned to and remain in specific areas, such as a control room or perimeter patrol.
23
Q
what is dynamic security
A
A variety of ongoing, meaningful interactions between staff and inmates. It includes working with and speaking with inmates, making suggestions, providing information, and-in general- being proactive.
24
Q
what kind of correctional institution ‘personnel’ has overall responsibility for the operation of the institution
A
the warden
25
what kind of correctional institution 'personnel' are responsible for overseeing various areas of the prison
senior managers, such as the deputy warden
26
what kind of challenges do Wardens in charge of correctional institutions have to address (4)
- meeting the requirements of legislation and policy,
- being accountable for their decisions,
- being aware of the requirements of the rule of law (treating inmates in a way that protects their fundamental rights),
- duty to act fairly when managing offenders
27
def. of rule of law
the requirement that governments, as well as individuals, be subjected to and abide by the law
28
what is the duty to act fairly
the obligation of correctional authorities to ensure that offenders are treated fairly by corrections personnel
29
what is the problem with prisons being 'total institutions'
it may prevent inmates from developing the skills to function independently once released into the community
30
def. of continuum of correctional institutions
the difference in institutional environments among correctional institutions located at either end of the security spectrum- maximum to minimum.
31
what is the "split personality" of corrections
prisons must pursue conflicting goals- protection of society, and preparing offenders for release
32
What issue is illustrated by the legislation that was passed by the federal Conservative government (2006-15), including the introduction of more mandatory minimum sentences (many
of which have since been ruled unconstitutional by the courts).
Politicians, provincial legislatures, and the federal government exercise considerable controls over how correctional institutions are operated, the goals they are asked to pursue, and the resources that are made available to corrections personnel
33
what was Her Majesty's Penitentiary in St. John's Newfoundland described as
a "tinderbox" with overcrowding, lack of programs, and understaffed conditions
34
t/f- the physical condition of a correctional facility has no impact on the dynamics
false- it can have a significant impact on the dynamics that develop among inmates and between inmates and staff, and can cause higher rates of serious violence
35
what kind of problems are found among inmates
high rates of alcohol and drug problems, communicable diseases (HIV/AIDS, tuberculosis, Hep. B and C), unstable work histories, and many have a variety of treatment needs (over 90% require substance abuse treatment, and nearly 90% in fed. custody have treatment needs in the personal/emotional domain)
36
what were the trends of increasing diversity in the overall federal inmate pop. from 2005-2015 and what do these growing numbers suggest
- 14% diversity increase
- 77.4% increase in number of incarcerated women
- 52.4% increase in incarcerated Indigenous pop.
- 77.5% increase in Black pop.
- suggests the need to understand why these groups are being more prone to becoming involved in the CJS and to being incarcerated
37
why do women offenders present unique challenges for systems of corrections (requires development of gender specific programs and interventions)
may have suffered sexual and physical abuse, may be responsible for children or stepchildren, the pains of imprisonment may be much more severe for women than men, many are housed in facilities far from their home communities, 3/4 are mothers to children under 18 and at the time of the arrest almost all were single caregivers, strong impact on women who have experienced physical and emotional abuse
38
t/f- women inmates are more likely than males to verbally and/or physically assault correctional staff
false- women are far less likely
39
what are some of the challenges that many Indigenous offenders have lived that present unique challenges in a correctional stand-point, as highlighted in the profile of Indigenous offenders (316) enrolled in the Aboriginal Offender Substance Abuse Program in a federal correctional institution (6)
- 1/2 had been in care of the child welfare system
- 61% had family members who had spent time in prison
- family (73%) or personal (18%) history of involvement in the residential school system
- 96% said substance abuse was related to their current offence, 85% were under the influence at the time of their offence
- 88% had a family member struggling with addiction
- nearly 1/3 said they were first introduced to Indigenous cultural teachings in prison
40
what % of inmates in federal institutions are Indigenous vs. what % in the general pop., and what % of women in federal custody are Indigenous
25% of federal inmates vs. only 4.3% of the general pop., 36% of all women in federal custody
41
What are common characteristics of special inmate populations (3)
- homeless or under-housed prior to incarceration;
- lengthy criminal backgrounds;
- high treatment needs- addiction, mental impairment or other affliction such as FASD
42
Why has the Baffin Regional Correctional Centre been refferred to as a "homeless shelter"
because of holding inmates who didn't have access to alternative services when they were in the community
43
what is the challenge of special inmate populates ON the correctional facilities
they have needs and present risks that place significant demands on systems of corrections, in particular provincial/territorial institutions that tend to have fewer resources than their federal counterparts and must attempt to respond in a highly compressed timeframe
44
t/f- Saskatchewan correctional facilities are operating at twice their capacities
true
45
t/f- in 2016 it was reported that the Ottawa/Carleton Detention Centre was so overcrowded that some inmates were forced to sleep in the showers
true
46
what factors cause overcrowding in correctional institutions (7)
- increasing number of offenders in remand (due in part to delays in the criminal court process)
- changes in legislation
- minimum mandatory sentences
- inmates remaining in custody longer due to parole board decisions
- the decision of offenders not to apply for release at their eligibility date
- absence of new facilities
- poor strategic planning
47
what is the result of overcrowding in correctional institutions (5)
shifts focus to managing prison populations rather than rehabilitation, limits inmate access to programs and many offenders lave the institution without completing a full course of treatment, double-bunking (which violates the UN minimal standards for prisoners), heightens tensions among inmates and between inmates and correctional officers, increase in lockdowns
48
what factors may influence the level of order or disorder in an institution (5)
overcrowding, composition of inmate population, behaviour of the COs, prison's physical design, management style of prison administrators
49
Who may be put in administrative segregation for protection (protective custody)
inmates who have "snitched out" or testified against other inmates, inmates who have drug debts or other outstanding obligations, and inmates convicted of sexual offences
50
Canadian courts have become more active in addressing inmates' rights, which include the right to serve time in a safe and secure environment.
t/f- the federal gov. is being sued more and more by inmates who have been victimized while serving their time.
true
51
is it possible for an inmate who is feeling at risk to "check themselves in" to PC to protect themselves
yes
52
What group of offenders are responsible for the most (45% of all) self-harm incidents in federal prisons
Indigenous offenders
53
what are some of the CSC's prevention strategies to prevent and reduce high-risk behaviours among inmates and to reduce levels of infection (3)
- providing inmates with condoms, lubricants, dental dams, and bleach kit for needles
- training some inmates as peer health counsellors to educate others on how to reduce the risk of infection
- expanding the methadone maintenance program
54
What does the non-profit Prisoner's HIV/AIDS Support Action Network (PASAN) do
advocate for changes in correctional policy and for inmate rights in this area (topic)
55
What kind of interdiction strategies do correctional authorities employ to reduce the risk of diseases (HIV/AIDS)
frequent searches, a urinalysis program, drug dogs, video surveillance, and ion scanners that can detect drug residue on clothing and other objects on visitors and inmates returning from absences in the community.
56
what is segregation
a correctional management strategy that is used for disciplinary or administrative reasons and often involves an inmate being locked in a cell for 23 hours a day; also referred to as solitary confinement.
57
what provisions are included in The Corrections and Conditional Release Act
it includes provisions for two types of segregation;
- Disciplinary segregation is imposed in cases where an inmate has been found in violation of an institutional rule
- Administrative segregation is imposed when an inmate has attempted or intends to act in a way that is deemed to threaten the prison population
58
do the strict guidelines for the use of disciplinary segregation apply to inmates in administrative segregation
no, many inmates who were in solitary confinement for long periods of time, and some who have died were classified as being in administrative segregation
59
t/f- in late 2017 an Ontario Superior Court Justice ruled that the manner in which solitary confinement was administered was unconstitutional
true
60
t/f- there have been increases in the number of Indigenous and Black admissions to segregation, while the number of Caucasian inmates confined in segregation has declined
true
61
t/f- Indigenous women are LESS likely to be labelled
as high risk and to be placed in segregation.
false
62
t/f- there are concerns that segregation is increasingly being used to manage overcrowding in provincial institutions and as a management strategy to deal with inmates with physical and mental issues.
true
63
what mental issues does solitary confinement cause
"psychotic disturbances"- symptoms include anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia and psychosis, and self-harm
64
what changes did the 2017 legislation limiting solitary confinement make
limited the period of time an inmate could be in solitary confinement to 15 days, and prohibited the use of segregation cells for vulnerable inmates (high risk of suicide of self-harming behaviour, those with serious mental illness, physically disabled, terminally ill or pregnant)
65
what was the incident at the Kingston prison for women in April 1994
there was a brief but violent physical confrontation between 6 inmates and several correctional officers, over the next several days they sent an all male institutional emergency response team to extract 8 inmates in the segregation unit from their cells and strip-search them, stripping them in the presence of male IERT members, body cavity searches, and used leg irons. Several of the women were subsequently placed in solitary confinement for many months
66
what was the Arbour Report
the report of an inquiry into events at the Kingston Prison for Women in April 1994 which documented violations of policy, the rule of law, and institutional regulations, and had a significant impact on the development of women's corrections
67
What topics were the recommendations of the Arbour Report related to (6)
1. cross-gender staffing in correctional institutions for women;
2. use of force and of IERTs
3. operation of segregation units
4. the needs of Indigenous women in correctional institutions
5. ways of ensuring accountability and adherence to the rule of law by correctional personnel
6. procedures for handling inmate complaints and grievances
68
what impacts did the Arbour report have on CSC's operations of women's corrections (4)
A deputy commissioner for women was appointed, a use-of-force policy was developed that stipulates that all-male institutional emergency response teams are never to be used as a first response in women's correctional institutions, and it is now forbidden for male staff to be present when women inmates are being strip-searched, and it accelerated the closing of the prison and the opening of smaller, regional facilities for federal women offenders
69
Studies have revealed that corrections officers can have one of two agendas when using their discretion: custodial and correctional. What do these each entail?
custodial agenda centres on control and enforcing regulation, whereas the correctional agenda involves COs functioning as change agents by assisting inmates in their efforts to access programs and services and to deal with personal issues
70
t/f- although many believe there is a correctional officer subculture of solidarity, studies have found these don't exist
false- there has been found to be a CO subculture that includes a code of behaviour designed to maintain occupational solidarity and, in some instances, shield inappropriate and sometimes criminal behaviour, and some attributes may contribute to officers abusing their authority and mistreating inmates.
71
what are status degradation ceremonies
the processing of offenders into correctional institutions whereby the offender is psychologically and materially stripped of possessions that identify them as a member of the "free society"
72
t/f- there are "status restoration ceremonies" that happen in the weeks leading up to an inmates release
false
73
what does the term "pains of imprisonment" refer to
the deprivations experiences by inmates confined in correctional institutions, including the loss of autonomy, privacy, security, and freedom of movement and association
74
what do the pains of imprisonment combined with the challenges faced by individual inmates lead to
they often lead to Self-injurious behaviour (SIB)
75
def. of inmate subculture
the patterns of interaction and the relationships that exist among inmates confined in correctional institutions
76
what does the term "prisonization" refer to
the process by which inmates become socialized into the norms, values, and culture of the prison
77
what does the term "institutionalized" refer to
inmates who have become prisonized to such a degree that they are unable to function in the outside, free community
78
what are state-raised offenders
inmates who have spent the majority of their adult (and perhaps young adult) lives confined in correctional institutions and, as a consequence, may have neither the skills nor ability to function in the outside, free community
79
what is the inmate code
a set of behavioural rules that govern interactions among inmates and with institutional staff
80
t/f- the inmate code been found to be increasing over the last 20 years
false- it's been decreasing
81
what are social roles (AKA argot roles)
roles that inmates assume based on their friendship networks, sentence length, and other factors related to their criminal history and activities in the institution
82
t/f- in 2017 the CSC said that trans inmates could be considered for placement based on their gender identity rather than their genitalia and inmates would be allowed to wear clothing appropriate to their gender identity
true
83
what affects have participation in family visitation programs been found to have on the inmate (3)
positive impacts on their family life, reduces institutional misconduct, and lowers the rates of reoffending
84
what are some difficulties that the families of offenders face
isolated and neglected by correctional authorities, stigmatized and marginalized in the community, concerns related to finances, housing, isolation and fears related to the offender's return to the community, trauma, shame, depression, children of offenders may experience emotional, behavioural, and academic problems
85
what do the most frequent complaints received by the federal correctional investigates relate to (3)
- health care,
- the conditions of confinement,
- institutional transfers
86
what are the 3 major trends in offender classification and treatment
1. the increasing use of sophisticated risk/needs assessment instruments,
2. the increasing domination of treatment research, policy, and programs from a psychological perspective,
3. a differentiated treatment approach for women, Indigenous persons, and specific categories of offenders such as sex offenders
87
what is 'classification'
the process by which inmates are subdivided into groups based on a variety of assessment instruments (ex. risk/needs) to determine the appropriate security level of the inmate and program placement- the assessment process continues during the offender's entire time with the CJS
88
what are some examples of DYNAMIC RISK FACTORS crimogenic needs of offenders that are taken into account during 'classification' assessments, what are the 3 main inventories
3 main inventories- psychological, personality, and behavioural.
ex: education, mental health, social networks, employment, accommodation, drugs and alcohol, attitudes, and cognitive skills
89
what is the purpose of risk assessments
to identify those offenders who are most likely to reoffend upon release from the institution if no treatment intervention occurs
90
In assessing the degree of risk posed by an offender, corrections personnel generally consider static risk factors and dynamic risk factors. what are STATIC risk factors
Attributes of the offender that predict the likelihood of recidivism but are not amenable to change, including criminal history, prior convictions, seriousness of prior offences, and performance on previous conditional releases.
91
In assessing the degree of risk posed by an offender, corrections personnel generally consider static risk factors and dynamic risk factors. what are DYNAMIC risk factors
Attributes of the offender that can be altered through intervention, including level of education, employment skills, addiction issues, and cognitive thinking abilities, among others.
92
what are the 8 factors that have been identified to reliably predict involvement in criminality
1. lack of attachment to family/marital supports,
2. school/employment problems,
3. lack of prosocial leisure or recreational activities,
4. antisocial peers,
5. antisocial attitudes,
6. antisocial personality,
7. substance abuse,
8. history of antisocial behaviour
93
what is (correctional) case management
the process by which the needs and abilities of offenders are matched with correctional programs and services. uses correctional plan
94
what is a correctional plan
a key component of the case management process that determines the offender's initial institution placement, specific training or work opportunities, and preparation for release
95
are victims allowed to see information about an offender's progress in fulfilling the objectives of their correctional plan
yes, as outlined in the Canadian Victims Bill of Rights
96
what are some problems with the effectiveness of institutional treatment programs (4)
most offenders spend a short time in jail and have to wait on the list too long to get in, lack of resources allocated to programs and they are often the first to be reduced when money must be saved, many offenders suffer from trauma which can effect the ability of the inmate to adjust to life in the institution and to participate and benefit from correctional programs and services, not all inmates are receptive to treatment
97
what are the 5 characteristics that make correctional treatment programs effective
1. based on empirically supported models of correctional change,
2. incorporate the principles of risk, need, and responsivity (RNR)
3. be focused on the dynamic risk factors associated with the offender's criminal behaviour,
4. be monitored, evaluated, and accredited,
5. be implemented by well-trained and dedicated program staff
98
what is the concept of throughcare
the notion that there should be continuity between institutional treatment and programs and community-based services for offenders
99
what do healing lodges do
they address the needs of Indigenous offenders in a holistic manner- they receive individualized programming, engage with the community, partake in Indigenous teachings and ceremonies, and engage with elders
100
summary conviction offence def.
generally, a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (max. 5,000$) or six months in a provincial correctional facility, or both
101
cases involving a summary conviction offence, or when the crown proceeds summarily, are resolved in what level of court
provincial court
102
t/f- summary trials have both a judge and a jury
false- they don't involve juries
103
indictable offence def.
a more serious criminal offence that may carry maximum prison sentence of 14 years to life (ex: murder, robbery, aggravated sexual assault)
104
what are the 3 categories of indictable offences defined by the criminal code
1. offences under the absolute jurisdiction of provincial courts;
2. offences under the absolute jurisdiction of superior courts;
3. electable offences
105
what is the key difference btw the 3 categories of indictable offences
election- the right of the accused to choose to be tried by a judge instead of a jury
106
hybrid (or elective) offences def.
offences that can be proceeded summarily or by indictment- a decision that is always made by the crown
107
what is a preliminary hearing (sometimes called a preliminary inquiry)
a hearing to determine if there a PRIMA FACIE CASE (sufficient evidence to justify the time and expense of a criminal trial), a magistrate or provincial court judge listens to some (or all) of the Crown witnesses
108
murder, treason, and piracy are examples of what
serious, non-electable offences
109
serious, non-electable offences are tried on what level of courts, are they tried before a judge or jury? what is the exception of the latter
superior court, before a jury unless both the accused and the provincial attorney general agree to waive this right
110
theft, obtaining money on false pretences, fraud, mischief (value under 5,000$), keeping a gaming or betting house, and driving while disqualified are examples of what
less serious indictable and hybrid offences
111
less serious indictable and hybrid offences are tried in what level of courts? are they tried by jury or judge?
an accused of these offences have no choice but to be tried in a prov/terr. court, even if the crown proceeds by indictment. There are no jury trials in provincial court
112
when (level of CJs and circumstance) would a publication ban be ordered
during a preliminary hearing, may be ordered to protect the identity of all victims of sexual offences and witnesses of sexual offenders who are less than 18 years old
113
what happens if there is not a prima facie case
the judge dismisses the case or at least dismiss the problematic charges against the accused
114
t/f- the accused person can waive the right to a preliminary hearing and go directly to trial
true
115
def. of "preferring the indictment"
in rare cases, usually involving more serious allegations, the provincial attorney general can skip the preliminary hearing and go straight to trial
116
what are the 3 modes of trial an accused of an electable offence can choose from
1. trial by a provincial/territorial court judge,
2. trial by a superior court judge sitting alone,
3. trial by a superior court judge and jury
117
when does the Charter guarantee the right to a jury trial (although not all accused persons want a jury)
if the alleged offence carries a maximum sentence of more than 5 years imprisonment
118
t/f- Once an accused person has elected, he or she can re-elect another option or enter a guilty plea, in which case there will not be a trial.
true
119
if an accused of an electable offence chooses to have a trial by a provincial or territorial court judge, will they have a preliminary hearing? can they choose a trial by jury still?
no, they won't have a preliminary hearing, and they waive their right to trial by jury
120
if an accused of an electable offence chooses to have a trial by a superior court judge sitting alone OR a trial by a superior court judge and jury, are they entitled to a preliminary hearing?
yes, unless they waive that right
121
t/f- if an accused person fails to appear for trial by jury on the appointed court date they may lose their right to a jury trial
true
122
what is an 'information'
a document that briefly outlines an allegation that a person has contravened a criminal law in a certain location during a specified period. multiple offences are divided into multiple accounts
123
t/f- ALL cases must be brought before a JP
false- for certain offences police officers are authorized to issue summons, traffic offence notices, appearance notices, and promise-to-appear notices.
124
what does it mean when an accused person is released 'on their own recognizance'? when would this occur?
it means that the person is responsible for ensuring that they appear in court on the designated dates. It occurs when a police gives out a notice to appear in court without going to a JP.
125
who is responsible for laying an information
usually police, which is then ratified or rejected by the Crown
126
when would information be layed
either after the suspect has been informed (in the case of an arrest without a warrant or the use of an appearance notice) or before.
127
what happens when the JP receives the laying of information
the JP may not agree that the informant has made out the case (but this rarely happens). if the JP decides there is sufficient reason to believe that a crime has been committed, they'll issue either a warrant of arrest or a summons that directs the named person to appear in provincial court for a specified date.
128
fill in blanks- Charges are not laid in ________ of all violent crimes and property crimes that are cleared by police, and across the country ________% of all criminal cases are stayed, dismissed, or withdrawn by prosecutors and judges.
1/3, 30%
129
what are some reasons for the police of Crown to not charge (4)
1. the victim of complainant is reluctant to cooperate
2. the suspect of an essential witness dies
3. the suspect was committed to a psychiatric facility
4. the suspect was under the age of 12
130
what are three other factors that may influence the decision to lay a charge
1. legal (reliability and likely admissibility of available evidence and the credibility of potential witnesses)
2. administrative (workload and case volume of the Crown counsel's office, as well as the time and cost of prosecution relative to the seriousness of the crime)
3. political (need to maintain the public's confidence in the justice system)
131
what three provinces require that the Crown gives approval before the police can lay a charge
New Brunswick, Quebec, and BC
132
what happens once the decision has been made to lay a charge
once a decision to lay a charge has been made, a police officer can initiate the process by laying an information before a JP
133
when is a police officer called an 'informant'
when an officer lays an information before a JP
134
t/f- only police can be informants (related to laying of information
false- most informants are police officers, but any person can lay an information if they on reasonable grounds believe that a person has committed an offence
135
after a prosecution has been initiated, the next step is to ensure the accused appears in court to answer the charge- what are the examples of ways this can be accomplished
1. arresting and placing the accused in remand custody until the court appearance
2. allowing the person to remain at liberty in the community with a promise to appear on the court date
136
t/f- the judge can issue an arrest warrant if the accused person does not appear in court on their date
true
137
when is an appearance notice issued (and 2 conditions)
it can be issued (followed by the laying of information) if the alleged offence is not serious, and the police have no reason to believe that the accused will fail to appear in court
138
what info is on an appearance notice? (what additional info is on it for indictable/elective offences or for young people?)
sets out the details of the allegation, provides the court date, and warns the accused that failure to appear in court is a criminal offence. For indictable/elective offences it directs the person to appear at a specific location to be fingerprinted, if the suspect is a young person it emphasizes the right of accused youths to legal representation
139
how is a summons different from an appearance notice?
police lay the information first in which case the JP will likely issue a summons, (it contains the same info), and then it is served on the accused, usually by a police officer
140
what happens if the accused does not appear in court and there is proof that he received the summons
the judge may issue a bench warrant for his arrest, and the accused may be charged criminally with failing to appear in court
141
t/f- it is presumed that everyone will be released from custody after arrest
true
142
what are the 3 circumstances in which immediate release after arrest might not occur
1. the charge pertains to a serious indictable offence carrying a max sentence of more than 5 years in prison;
2. the police have reasonable grounds to believe the person will not appear in court; AND OR
3. the police have reasonable grounds to believe it is necessary (in the public interest) to detain the accused
143
how is the public interest defined in relation to pretrial detention
the need to establish the person's identity, to secure or preserve evidence, or to prevent the continuation or repetition of the offence or the commission of another offence
144
When the offence is summary or elective (or one of a specified list of less serious indictable offences, including theft under $5,000) will the accused be held after arrest
in this circumstance, the arresting officer can simply issue an apperance notice or explain that a summons will be sought, they don't need to be placed in police custody
145
For indictable offences carrying a maximum prison sentence of five years or less, will the accused be held after arrest? who deals with this?
the officer in charge of the police lockup has the authority to release the person from police custody. Several means are available to the officer in charge to compel the accused's later appearance in court (these may be a promise to appear, an undertaking to appear, and a recognizance of 500$ or less, with or without deposit)
146
judicial interim release (bail) def.
the release of a person charged with a criminal offence prior to trial
147
what are some reasons victims may not cooperate with the Crown (decision to lay a charge)
domestic violence victims may be scared of retaliation, economic insecurity, and family pressures. Victims who are also involved in criminal activities (ex. gang members) may be reluctant to appear in court and to provide testimony against accused persons. In these circumstances, crime victims may not make use of the specialized services that are available.
148
who oversees bail
judicial functionary- usually a JP, or if the offence is a serious one by a superior court judge
149
A person in police custody who is not released by the officer in charge must be brought to court for a bail hearing within how long
24 hours of as soon as is reasonably possible
150
t/f- if the arrest warrant was issued by a JP, the police MUST bring the arrested person before a JP unless release was authorized when the warrant was issued (bail)
true
151
in what 3 situations can an accused be detained by the court
1. necessary to ensure attendance in court
2. necessary to protect the public
3. necessary to maintain confidence in the administration of justice
152
who decides whether the accused will be released of maintain in custody? (bail)
JP or judge
153
Section l l (e) of the Charter stipulates that any person charged with an offence has the right _____ (bail)
"not to be denied reasonable bail without just cause."
154
Section 515 of the Criminal Code, entitled "Judicial Interim Release," requires judges to release accused persons on bail unless________
the Crown can show why bail should be denied.
155
what does the crown have to do if they decide they oppose the release (bail) of the accused
demonstrate at a show cause hearing, that detention of the accused until the trial date is necessary and support this (for ex. can produce evidence of prior criminal convictions, other charges currently before the courts, of previous instances of failing to appear in court)
156
what changes in a bail hearing if, for ex., the alleged indictable offence occurred while the person was on bail for another charge
reverse onus- where the accused has to "show cause" why a release is justified
157
t/f- detained persons seeking pre-trial release are often required to make multiple appearances in court before a ruling is made, if true give examples of probable reasons for the delays
true, overcrowded court dockets, lack of personnel to participate in bail hearings
158
Accused persons may also be asked to enter into a recognizance, what does this mean
they agree to forfeit a set amount of money if they fail to appear in court, generally there is a requirement that the money be produced before the accused is released. however, a monetary deposit may be required if the accused is not normally a resident of the province or lives more than 200 kilometers away
159
Another option is to release the accused on a recognizance in which a surety promises to forfeit a set amount of money if the accused fails to appear in court. what is a surety
a friend or relative who agrees to ensure the accused person's appearance for trial. a deposit is usually not required, however if a large sum of money is involved collateral may be used to guarantee payment
160
what happens is a surety withdraws support
the accused will be placed in custody unless another surety is immediately available
161
the principle that cash bails is not to be required in most cases was reiterated by the SCC in the case of R. V. Kevin Antic (20 17 sec 27). In its judgment, the court expressed what concerns?
that persons in poverty and other marginalized persons would be unfairly penalized if cash payments were required
162
If the JP or judge decides to release the accused, the conditions under which that release will take place must be determined. Again, the Crown must show cause why conditions should be attached to the release. There are "statutory" and "other" con- ditions of bail. what are statutory conditions? what are other conditions?
statutory conditions include reporting to a bail supervisor, other conditions may include abstaining from alcohol or drugs, being under house arrest, and/or not having contact with certain persons
163
In some regions of the country, accused persons who are released on bail may be subject to bail supervision by probation officers and/or electronic monitoring. Accused persons who violate the conditions of release or who fail to appear in court at the designated time may have new charges filed against them for failing to comply. what does this offence entail as punishment
a sentence of 2 years in jail if it is processed as an indictable offence
164
There has been a trend toward increasing the number of bail conditions and the
length of bail supervision due, in part, to increasing concerns with risk aversion in the criminal justice system. what concerns has this brought up? (2)
1. argument that persons on bail are being "set up for failure" and are at high risk of being charged with failure to comply
2. concerns that low-income persons, Indigenous persons, racialized minorities, and persons with mental health and addiction issues are disproportionately impacted by the current manner in which the bail system operates
165
what did the study by the John Howard Society of Ontario find?
70% had substance abuse issues, 40% had mental health issues, and 30% had concurrent challenges with both. It found that "abstaining from drugs" and "abstaining from alcohol" were often imposed as conditions of bail and were closely related to failing to comply
166
The study by the John Howard Society of Ontario important showed what problems with bail conditions? (2)
1. it's an enormous pressure on people when they're on a long list of conditions
2. it cost police services considerable time and expenses in rearresting offenders who have violated the conditions of their bail release
167
A number of legal scholars have argued that, as currently practised, judicial interim release is not being utilized as intended under the Bail Reform Act (1972). More specifically, critics contend rather than being the exception as envisioned by the Bail Reform Act, the grounds for detention have been expanded. what has this led to? what is the primary concern of this?
-increasing numbers of accused persons being held in remand despite falling crime rates
-concern that the presumption of innocence, a cornerstone of the legal system, is being undermined and the the number of "legally innocent" persons in jail has been increasing
168
what is considered in the decision to grant bail (3)
number of criminal charges pending, whether the accused has a fixed address, any concerns raised by background information on the accused provided by police
169
in what ways were bail courts found to be operating not in accordance with the law and often against the charter
- overly risk adverse and penalize people in poverty, the addicted, and people with m.i.
- number of issues around the use of bail, which fails people who require legal aid
- lack of access to bail for people in remote and northern areas (flown to detention centre to have bail application processed)
- conditions that set the person up to fail (revolving door)
170
what is meant by the term 'revolving door' of bail conditions
failure to comply with bail conditions is a criminal offence, so people who break them are criminalized for behaviour that is otherwise not a crime
171
what kind of charges are breach of bail conditions categorized as
administrative or justice charges
172
def. of remand
the status of the accused persons in custody awaiting trial or sentencing- either denied bail or have yet to appear before a judge, or are awaiting sentencing or the commencement of a custodial sentence
173
where are ALL prisoners on remand held
maximum-security facilities
174
t/f- the number of persons on remand outnumber sentenced offenders in confinement in most jurisdictions
true
175
t/f- despite popular belief, the conditions faced by persons in remand do not violate the international human rights standards- explain your answer
false- they do violate them since they require that those on remand who have not been convicted of a crime be held in conditions better than those for sentenced offenders
176
t/f- pretrial detention has been found to exert pressure on the accused to plead guilty
true- the long periods of waiting in remand can be used as a threat/ fear, by pleading guilty it can be avoided
177
what are security certificates
a process whereby non-canadian citizens who are deemed to be a threat to the security of the country can be held without charge or trial for an indefinite period of time. The gov. is only required to provide a summary of the case against the accused, case proceedings are usually done in secret, if the federal court upholds the certificate the person is deported to their home country, the court's decision is final and cannot be reviewed
178
what rights do the security certificate process violate
right to fair trial and the right to protection against arbitrary dentention- evidence is presented in heard behind closed doors with only the judge and gov. lawyers and witnesses present- accused of their lawyer not present which means they can't cross examine the witness, and the accused only receives a summary of a portion of the evidence and not the specific allegations against them or the sources of the allegations
179
what are the circumstances determined by the court that make an accused unfit to stand trial
if they are unable on accounts of mental disorder to conduct a defence at any stage of proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel
180
what happens if an accused is found unfit to stand trial
may be detained in a m.h. facility until deemed fit to stand trial by a body such as the Ontario Review Board, if the offence isn't serious the person may be diverted to the mental health system, once found fit the trial resumes, or if never found fit the Crown may decide not to continue the criminal prosecution
181
what is the process of arraignment
the charges are read in open court and the accused can enter a plea, usually "guilty" or "not guilty", if a plea of guilty is entered the goes straight to sentencing, a plea of not guilty results in the case being bound over for trial
182
what is plea bargaining
an agreement whereby an accused pleads guilty in exchange for the promise of the benefit
183
t/f- plea bargaining is outlined in the Criminal code, federal and provincial/territorial legislation and guidelines
false- it is not mentioned in any of them
184
t/f- victims have the right to receive information about plea negotiations only in manitoba and ontario AND only in these jurisdictions is the Crown required to consult with victims during the plea bargaining process
true
185
what is the open court principle
the principle that, with certain exceptions, every stage of the court process must be open and accessible to the public
186
what are the 3 important differences between trial by jury and trial by judge alone
1. in jury trials the jury decides on the true facts and determines the person's guilt vs. trial by just judge the judge does that,
2. in a jury trial the judge makes a "charge to the jury" during which they instruct the jury about the laws applicable to the case,
3. judges give reasons for their decisions
187
what are the rules about disclosure of evidence (process of disclosure/discovery)
1. Crown must give the defence lawyer access to all evidence that might be presented by the prosecution in a trial (names and addresses of witnesses, results of any exams of tests on the accused, materials from wiretaps and surveillance, names of Crown's expert witnesses)
2. Crown must disclose any records of misconduct by the investigating police officers in the case, and must provide all personal records in all sexual offence cases
188
what is a stay of proceedings
an act by the Crown to terminate or suspend court proceedings after they have commenced
189
what is circumstantial evidence
evidence that is not directly observed, but requires inferences to be drawn from the facts
190
what is hearsay evidence
evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. It is rarely admissible in court
191
what do insufficient-evidence motion and no-evidence motions mean
defence can enter them to say that the Crown didn't properly present their case and that there's no point to continue the trial, judge will either agree and dismiss the case or disagree and the defence has to present their case
192
t/f- the jury can't learn about the accused prior criminal record unless the defendant testifies and presents good character or reputation as a reason they couldn't have committed the offence
true
193
what are the 4 main defences
1. "you've got the wrong person" (also includes if the complainant fabricated the allegation and there was no crime), 2. the mental state of the accused at the time of the alleged offence (mental disorder- NCRMD, intoxication, or automatism) 3. justifications/excuses for having committed a criminal act, and 4. procedural defences (challenging the validity of the applicable law, challenging the validity of the prosecution- ex. entrapment or abuse of process, contesting the admissibility of evidence gathered by the police, seeking a remedy for violation of a charter right)
194
what are the court's options for persons determined NCRMD (not criminally responsible due to mental disorder)
detention in a hospital, a conditional discharge, an absolute discharge, persons who are found NCRMD are subjected to annual reviews by prov. review boards and may qualify for escorted and unescorted passes into the community
195
t/f- self induced intoxication can be used in any case as a defence
false- self-induced intoxication cannot be used to excuse certain types of interpersonal offences (ex. sexual assault, assault) even if the mens rea is absent. Intoxication cannot be used as a defence unless the accused was drunk to the point of automatism
196
what are examples of justification/excuse-based defences (7)
provocation (partial defence), compulsion/duress, consent, necessity, battered woman syndrome, self-defence, defence of a dwelling
197
what are the 3 essential attributes of a criminal jury
1. impartiality (can't be biased),
2. competence,
3. representativeness
198
t/f- the instructions the judge must give to the jury are set out in the criminal code
false- creates disparities and confusion
199
what are 3 concerns about jurors
1. they won't understand the evidence being presented,
2. they may not receive proper instructions from the judge,
3. PTSD,
200
What can an appeal be based on (3)
questions of law, questions of fact, both
201
t/f- all cases can be appealed
false- the right to appeal only exists in certain situations, in others, the court of appeal can grant leave (permission) to appeal
202
what happens when an appeal is filed
the incarcerated appellant may be released on bail until the appeal is heard, the judge considers the prima facie (merits of the appeal itself) to ensure that frivolous appeals aren't routinely used to deter the serving of a prison sentence.
203
what are appeals directed at (what are they challenging)
either the verdict, the sentence, or both. Most are directed at the sentence
204
what are the 5 possible outcomes of verdict appeals
the appeal court can 1. decide not to hear the appeal,
2. hear the appeal and dismiss it,
3. substitute a conviction on a lesser but included offence,
4. direct that the offender be acquitted, or
5. order a new trial
205
def. of restitution
a court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property
206
what is criminal injury compensation, where do these programs operate
financial remuneration paid to crime victims (may be compensated for out-of-pocket expenses such as lost wages, and in some jurisdictions for "pain and suffering" caused by the offence), these programs operate in every province except Newfoundland and not the territories
207
t/f- victim criminal injury compensation is NOT available in cases where the charges against the alleged offender have been stayed or withdrawn
false
208
t/f- the standard used by compensation (criminal injury compensation) boards is "balance of the probabilities"
true
209
What groups are most at risk of being wrongfully convicted
persons who are marginal and of lower socio-economic levels, Indigenous persons are overrepresented in the group of wrongfully convicted persons
210
wrongful convictions are almost always a consequence of a series of events (not a single mistake or event) what do these include (5)
1. "tunnel vision" on the part of the police and Crown,
2. mistaken eye witness identification and testimony,
3. false confessions,
4. the testimony of in-custody informers,
5. defective, unreliable, and unsubstantiated expert testimony
211
def. of proportionality (in sentencing)
the sentence must be proportionate to the gravity of the offence and to the degree of responsibility of the offender
212
what is the fundamental purpose of sentencing
to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
1. denounce unlawful conduct and the harm done to victims or community that it has caused,
2. deter the offender and others from committing crimes,
3. seperate offenders from society where necessary,
4. assist in rehabilitating offenders,
5. provide reparations for harm done to victims or community,
6. promote a sense of responsibility in offenders and acknowledgement of the harm done to victims or community
213
what is the principle of restraint (in sentencing)
ensures that the sentence that is imposed is just and appropriate punishment, and nothing more
214
what are the 3 primary groups of sentencing goals in the criminal courts
utilitarian, retributive, and restorative
215
what are utilitarian sentencing goals (4)
general deterrence, specific deterrence, rehabilitation, incapacitation
216
what are retributive sentencing goals (2)
denunciation and retribution
217
what are the 10 sentencing options
1. absolute discharge (offence will be on crim. record for one year then be removed),
2. conditional discharge (released but has to comply with probation order conditions for 1-3 years),
3. suspended sentence (convicted but the imposition of the sentence waits on successful completion of probation period of 1-3 years),
4. fine (pay specific amount by specific time or be put in jail),
5. forfeiture (must forfeit goods to the Crown),
6. prohibitions (may be attached to sentence, rules on what they can't do),
7. Intermittent sentence (custodial sentence on part-time basis),
8. probation (community supervision for certain period of time, must fulfill conditions and may have specific conditions),
9. conditional sentence (gets a term of confinement and it allowed to serve it in the community under the supervision of a probation officer and must meet specific requirements),
10. Imprisonment
218
def. of concurrent sentences
sentences that are amalgamated and served simultaneously
219
def. of consecutive sentences
sentences that run separately and are completed one after the other
220
what does the judge consider when deciding between consecutive or concurrent sentences (4)
1. the timeframe of the offences,
2. the similarity of the offences,
3. whether a new intent broached each offence,
4. whether the total sentence is fit and proper
221
what is judicial determination
an order by the sentencing judge that the offender serve 1/2 of their sentence (instead of the typical 1/3) before being eligible to apply for parole. Objective is to protect general and specific deterrence
222
what is a judicial restraint order (aka peace bond) and what is the process
you can lay an information before a JP (of court judge in some cases) if you have reasonable grounds to believe someone is going to hurt you, your spouse or children, or your property. If the JP/judge is satisfied that there are reasonable grounds for the threat the defendant is required to to enter into recognizance to keep the peace and be of good behaviour for a period up to 12 months, there may also be specific conditions attached. Defendant can be put in jail for violating it or not agreeing with it
223
what is the 'chivalry factor' and 'evil woman' factor in women sentencing
chivalry factor is a theory that women receive less harsh sentences because they're seen as less of a threat, and the evil woman factor is a theory that women receive harsher punishment because of their violation of gender norms and values
224
what are the 8 sentencing considerations
1. aggravating factors (negative facts about the offender or offence that tend to increase sentence severity),
2. Mitigating factors (facts that may decrease severity),
3. case law precedent (consider sentencing decisions in previous similar cases),
4. Pre-sentence reports/PSRs (prepared by probation officers, info on the offender's background, present situation, risk/needs, and options for sentencing that the judge will consider),
5. victim impact statements (info of the harm done to the victim and consequences of their victimization),
6. Psychological assessments (address the mental state and treatment needs of the offender),
7. Indigenous offenders (requirement to consider alternatives to incarceration),
8. Black offenders (more defence lawyers are asking for cultural assessments to be prepared prior to sentencing)
225
what is a dangerous offender
a designation made by the judge after conviction that results in an indeterminate term of imprisonment for a particularly violent crime in a federal correctional institution and/or for who has showed a pattern of serious violent offences. Considers Past offence history and likelihood of serious offences in the Future
226
how is someone declared a DO
only when the crown makes a formal application for it after conviction but before sentencing, the provincial attorney general must approve the application before hand
227
what is a long-term offender
a designation under the criminal code that requires the offender to spend up to 10 years under supervision following the expiry of his or her sentence, usually when the case falls short of the DO designation
228
t/f- the Gladue principle applies at bail hearings, sentencing, parole eligibility, dangerous offender application hearings, and other decision-making points where the liberty of an Indigenous offender is at stake
true
229
what information is included in Gladue reports
the accused's personal history, including residential school experience, contact with child welfare authorities, physical or sexual abuse, health issues, and other personal and traumatic events in the Indigenous persons life that may be associated with his or her conflict with the law
230
what was the Gladue decision
a decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people
231
t/f- judges are obliged to follow the recommendations set forth in Gladue reports
false
232
what are the 3 important steps in the decision-making of trial judges in sentencing
1. identifying the relevant factors of the case,
2. identifying the relevant law,
3. combining the relevant facts and the law to produce the correct outcome
233
what is sentencing disparity
different sentences being meted out for similar offences committed by similar offenders in similar circumstances
234
what are collateral consequences (of sentencing)
the sanctions and prohibitions that are placed on persons convicted of criminal offences (and their families), particularly those offenders who have been incarcerated
235
what are some concerns about judges discretion and objectivity? (6)
judge rulings may be influenced by different factors such as personal attributes, political party that appointed them, region of the country, gender, personal conscious/morals and values, and personal experiences
236
what are victim impact statements
submission to a sentencing court explaining the emotional, physical, and financial impact of the crime
237
what are community impact statements
statement that describes to the court how the crime committed by the offender impacted the community
238
what is circle sentencing
a restorative justice strategy that involves collaboration and consensual decision-making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders through a process of reconciliation, restitution, and reparation. THE SENTENCE IS LESS IMPORTANT THAN THE PROCESS USED TO SELECT IT.
