1. Criminal Law: Corrections

2. Retributive rehabilitative restorative
How does the punishment side of our criminal justice system work?
Retributive rehabilitative restorative

3. Crimes treated very severely
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.
What contextual details help explain why the above was true for Corrections in the 18th Century?
How would you categorise Corrections in this period?

4. 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.
What contextual details help explain why the above was true for Corrections in the 19th Century?
How would you describe/categorise Corrections in this period?

5. Historical corrections: Retributive, rehabilitative or restorative?
20th Century
Punishment as retribution and deterrence 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)
What contextual details help explain why the above was true for Corrections in the 20th Century?
How would you describe/categorise Corrections in this period?

6. Historical corrections: Retributive, rehabilitative or restorative?
21st Century
What contextual details help explain why the above was true for Corrections in the 22st Century?
How would you describe/categorise Corrections in this period?

7. By the numbers today…

8. Issues in prison today…

9. 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

10. Issues in sentencing today…

11. 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
Remainder of sentence
Escorted/unescorted leave
Day parole
Day pass
Postpone
Deny

12. Guiding Principals Retributive Rehabilitative Restorative Cost
Issues today…
Guiding Principals
Retributive
Rehabilitative
Restorative
Cost
Short vs. Long Term
Fairness
To victims
To offenders
To society

13. Not only a governmental responsibility….

14. 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 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.