Administration Of Criminal Justice Final

Front 1

Vince Li

Back 1

Bus beheader in Winnipeg granted release into group home

Front 2

Radelet et al.

Back 2

1992 study; 23 innocent people executed in the United States

Front 3

Liebman et al.

Back 3

2000 study; capital sentences studied over a 23 year period, serious, reversible errors in almost 70% of cases

Front 4

Scheck et al.

Back 4

2000 study; DNA testing conducted in 18,000 criminal cases more than 25% of prime suspects excluded; Forensic scientist in OJ Simpson's case; Innocence project

Front 5

10 Rillington Place

Back 5

UK case; Timothy Evans wrongfully convicted for the murder of his wife and child; John Christie was the killer

Front 6

Cameron Willingham

Back 6

Texas 2003; Death of three children in accidental house fire, he couldn't find the children and went back in twice; wrongly identified as arson; executed

Front 7

Ron C. Huff's Factors of Wrongful Convictions

Back 7

1. Eyewitness error - 79% say most often

2. Over-zealous law enforcement - 63% of exonerations involved misconduct

3. False/coerced confessions - 1/4

4. Perjury; LA Rampart

5. Misleading lineups; now out of a book of 6

6. Jailhouse snitch - 21% exonerated

7. Ineffective assistance of counsel; pleas only

8. Community pressure for conviction

9. Forensic science errors/fraud; Willingham

10. Ratification of error; rubber-stamp

Front 8

Rubber-Stamp Decisions

Back 8

Higher courts agree with decisions made at lower levels to avoid issues

Front 9

Jerome Kennedy's Factors of Wrongful Convictions

Back 9

1. Presumption of innocence has become presumption of guilt; no smoke, without fire

2. Perjured testimony - lying; Karla Homolka

3. Eyewitness testimony - stress, emotion, etc.

4. Faulty forensic evidence

5. Prosecutorial misconduct - overzealous

6. Ineffectiveness of counsel

7. Jailhouse informants

8. Police misconduct - tunnel vision

Front 10

David Milgaard

Back 10

Murder of nurse Joyce; one eyewitness lied

Front 11

Thomas Sophnow

Back 11

Coffee shop murder & assault; perjured testimony; man wanted to get on the news

Front 12

Dr. James Grigson

Back 12

Dr. death; said individuals were not fit for society leading to several executions without even meeting them

Front 13

Guy Paul Morin

Back 13

Peel regional police; Christine Jessup was abducted and murdered; had an alibi but labelled as a weirdo; car was searched and carpet fibres were found supposedly from a rug in her house; redrum the innocent (jailhouse snitch)

Front 14

Locard's Principle of Transfer

Back 14

When two bodies come into contact they transfer materials; leave something at the crime scene and take something from it

Front 15

Lettres de cachet

Back 15

Foucoult; nobles and landed gentry used to imprison people; typically family members

Front 16

Oubliettes

Back 16

A little place of forgetting; dungeons along outer walls of the castle; pulley system of pale for food and toilet

Front 17

Earliest System of Incarceration

Back 17

Dungeon's used by King's and nobility; tower of London

Front 18

Bridewell

Back 18

Formerly a Norman palace gifted to Edward VI in 1553; a work house for the poor and a prison for prostitutes, vagabonds and disobedient individuals; picked oakum and beat hemp

Front 19

Newgate Gaol

Back 19

Originally in the gatehouse on the London wall; Charles II; became a prison in 1660's; up to 20 people in a cell

Front 20

Cat of Nine Tails

Back 20

Whip with nine pieces of leather

Front 21

Penitentiary

Back 21

A product of the Age of Enlightenment; thought as of a humane, reformative alternative; isolation, reflection, separation of inmates and sanitary

Front 22

Two Models Post 1812

Back 22

1. Pennsylvania/separate system

2. Auburn system

Front 23

Penitent

Back 23

Sorrowful for what you have done

Front 24

Pennsylvania System

Back 24

Kept in solitary confinement; meant to be silent; based on Jeremy Bentham's idea of panopticon using hub and spoke; brother in law was a field surgeon; self monitoring

Front 25

Auburn System

Back 25

Modern society uses; congregate system; worked together during the day and individual cells at night; silence at all times and eat facing another mans back

Front 26

Kingston Penitentiary

Back 26

Built in 1835; first federal penitentiary in Canada; before this individuals were banished, killed or fined; first call to abolish in 1848

Front 27

Provincial Systems

Back 27

Two years minus a day; approximately 19,000 offenders in provincial jails

Front 28

Federal Systems

Back 28

CSC for two years plus a day; approximately 13,000 offenders in federal jails; multi-level are women's prisons as well as one Aboriginal healing lodge

Front 29

Five Regions of CSC

Back 29

Atlantic, Pacific, Prairies, Ontario and Quebec

Front 30

Minimum Security

Back 30

Ferndale, BC; Pre-release preparation of inmates and gradual reintegration to the community; responsible for their own meal preparations as well as maintenance of their housing unit

Front 31

Medium Security

Back 31

Matsqui, Abbotsford; In the Pacific Region; three-story living unit with a central core of security control posts

Front 32

Maximum Security

Back 32

Kent Institution, Aggasiz; In the Pacific Region; high risk/need offenders; replaced BC Penitentiary in 1979 and is the only max-security in the Pacific Region

Front 33

Multi-Level Security

Back 33

Specialized facilities containing mixed prison populations; women's and psychiatric facilities operated under CSC are multi-level

Front 34

Supermax Security

Back 34

Meant for federal offenders who committed a crime while in prison; in segregation for 23/7

Unsuccessful escape where prisoners had health cops drive them out

Front 35

Sainte Anne des Plaines

Back 35

Quebec special handling unit reserved for terrorists, mobsters and serial killers

Front 36

Regional Reception & Assessment Centre

Back 36

RRAC; Conduct a one-time, comprehensive, standardized assessment of offender risk and needs to provide a solid foundation for future correctional planning and intervention

Front 37

RRAC Involves

Back 37

1. Mental health/suicide screening

2. Assessment of risk and need

3. Induction and orientation of new offenders

4. Information collection

5. Security classification and institutional placement

6. Research and management information

Front 38

Actuarial Tests

Back 38

Statistical; amount of risk factors associated with recidivism; includes education level, employment status, mental disabilities & criminal history

Front 39

Clinical Tests

Back 39

Observational; judgement by a mental health professional concerning the risk a specific individual poses; includes disabilities, attitudes, behaviour & social skills

Front 40

Central Concern of Correction Services Canada

Back 40

CSC; managing risk - recidivism

Front 41

Models Addressing Recidivism

Back 41

Rehabilitation, nothing works & programming

Front 42

Rehabilitation

Back 42

Following mid 1940s; the use of psychiatric treatment and programs to address deviance

Front 43

Nothing Works

Back 43

Robert Martinson 1974; shift from "what works" to "nothing works" in favour of public response; killed himself by jumping out a window

Front 44

Programming

Back 44

Emphasis on offender treatment programs that deal with core issues related to an inmate's offending

Front 45

Examples of CSC Programs

Back 45

1. Cognitive skills

2. Anger management

3. Pet therapy

4. Substance abuse programs

5. Educational programs

Front 46

Pet Therapy

Back 46

We internalize and self abuse or we externalize and react; we lose an element of empathy and animals bring it back

Front 47

Two Factors in Justice

Back 47

Reason and emotion

Front 48

State of Louisiana

Back 48

Caught twice using a cocktail of illegal drugs; man administered lethal injection and took two hours; some thought it inhumane others thought it just; reason vs. emotion

Front 49

Utilitarian Goals of Sentencing

Back 49

Specific deterrence, rehabilitation, incapacitation & general deterrence

Front 50

Specific Deterrence

Back 50

Deterring the offender from committing future crimes

Front 51

Rehabilitation

Back 51

Reforming the offender so that he/she does not want to commit further crimes (therapy, job skills training)

Front 52

Incapacitation

Back 52

Using physical means to prevent the offender from committing further crimes (jail, chemical castration, house arrest)

Front 53

Chemical Castration

Back 53

U.S., Washington; Administer hormones or drugs to sexual offenders so they cannot engage in sexual acts; mostly in jails; mindset remains the same

Front 54

Restorative Justice

Back 54

Reconciliation between victim and offender

Front 55

Retributive Goals

Back 55

Denunciation & retribution/vengeance

Front 56

Denunciation

Back 56

Expressing social disapproval over an offender's behaviour (negative comment/cut eye)

Front 57

Retribution/Vengeance

Back 57

Exacting a proportional revenge (an eye for an eye Hammurabi's code)

Front 58

Factors Judges Take Into Consideration When Sentencing an Offender

Back 58

1. Seriousness of the offence

2. Number of previous convictions

3. Offenders remorse

4. Harm done to victim

5. Offender's efforts at rehabilitation

6. Mitigating factors such as addiction/illness

7. Age of offender

8. Aboriginal offender

9. Existence of a plea agreement (not binding)

10. Pre-sentence report from PO

Front 59

Types of Sentencing

Back 59

1. Probation orders/conditions

2. Fines

3. Discharges

4. Suspended sentence

5. Electronic monitoring

6. Restitution

7. Imprisonment

Front 60

Probation Orders/Conditions

Back 60

Often accompanied by community service orders; allows the offender to be supervised in the community during a specified period; may be ordered in conjunction with a short term of imprisonment (2 years minus a day; fine)

Ex. Paris Hilton

Front 61

Role of The Probation Officer

Back 61

Monitoring behaviour, routine check-ins, assist individual in finding resources related to their offence (drug/alcohol treatment), and necessary testing

Front 62

Fines

Back 62

Most frequently imposed sentence; payment of money within a specific time period; reflects severity of crime and offender's ability to pay

Front 63

Fine Option Program

Back 63

Fines worked off through community service work

Front 64

Indictable Offence Fines

Back 64

No maximum fine

Front 65

Summary Conviction Fines

Back 65

$5000 maximum

Front 66

Svend Robinson

Back 66

NDP MP, Sue Rodriguez advocate; went to an auction and stole a ring, caught on camera; showed remorse & claimed depression; given probation if he breaks it he will be sentenced; conditional discharge

Front 67

Types of Discharge

Back 67

Absolute & conditional

Front 68

Absolute Discharge

Back 68

Very minor offences; accused found guilty but not given a sentence and no criminal record; police systems report conviction for a period of 6 months, then the record is exponged

Front 69

Conditional Discharge

Back 69

Fairly minor offences; offender placed on probation, with conditions; if conditions are not met the judge may revoke the discharge and impose a new sentence

Front 70

Suspended Sentence

Back 70

Similar to conditional discharge; a judge suspends the passing of a sentence following completion of a period of probation; if broken offenders receive the original sentence

Front 71

Electronic Monitoring

Back 71

A form of in-community incarceration; confined to home only with permitted and regulated exceptions; wearing a monitoring device that transmits signals to the offender's phone alerting PO's computer system

Ex. Paris Hilton's coach monitor holder

Front 72

Restitution

Back 72

Programs that involve the offender offering compensation to the victim; monetary or work

Front 73

Two Types of Imprisonment

Back 73

Intermittent sentence & conditional sentence

Front 74

Intermittent Sentence

Back 74

If the sentence is 90 days or less offender is offered "weekend jail"; assists offender in keeping their job

Front 75

Conditional Sentence

Back 75

Offender serves their sentence in the community under supervision; a remedy for over-incarceration among non-violent Aboriginal offenders

Front 76

Special Sentences/Preventative Detention

Back 76

1. Habitual criminal offender; 1947

2. Criminal sexual psychopaths; 1948

3. Dangerous sexual offender; 1960

4. Dangerous offender; 1977

5. Long-term offender; 2007

Front 77

Habitual Criminal Offender

Back 77

a) Three separate convictions, each liable to imprisonment for five or more years

b) Leading a persistently criminal life

c) Previously sentenced to an indeterminate period of imprisonment in a penitentiary

Subjected to detention for the rest of their life; review every three years; typically property/nuisance offenders

Front 78

Criminal Sexual Psychopaths

Back 78

Two psychiatrists identify and treat dangerous sexual offenders. Consisted of a combination of determinate sentencing (minimum two years) followed by indeterminate sentencing (reviewed every three years to determine eligibility for parole and conditions)

Front 79

Dangerous Sexual Offender (DSO's)

Back 79

Replaced CSP in 1960; based on the offender's criminal record and the circumstances of the current offence; one conviction required including the one the application was based

Front 80

DSO Problems

Back 80

1. On parole your entire life

2. Parole officers decide where they live

3. Inform new partners on offenders offence

Front 81

Dangerous Offender

Back 81

Replaced DSO's/HC with DO label originally with both indeterminate and determinate; as of 1997 only indeterminate

Front 82

Criteria For a Dangerous Offender

Back 82

a) Offender convicted of a serious personal injury and thought to be a threat to others

i) Repetitive behaviour; failure to restrain

ii) Persistent aggressive behaviour; indifferent

iii) Brutal nature of behaviour; unlikely to restrain

b) Offender convicted of a serious personal injury and illustrates failure to control impulses causing injury or pain to others

Front 83

Long-Term Offender

Back 83

Alternative to indeterminate incarceration for sex offenders who could effectively be controlled after incarceration of two or more years; maximum 10 years supervision

Front 84

Tackling Violent Crime Act

Back 84

2007; Harper; if someone committed 3 violent offences, the burden is on the offender to prove they do not represent a "threat to life, safety, physical or mental well-being of others"

Front 85

Parole

Back 85

Extensive review allowing certain offenders complete the remainder of their sentence in the community

Front 86

Corrections & Conditional Release Act

Back 86

Prescribes eligibility for parole; parole review after serving 1/3 of their sentence; exception is life sentences where the judge decides when they can apply for parole

Front 87

Two Prong Test

Back 87

1. Risk of re-offending (most important)

2. Is offender rehabilitation more likely

Front 88

Mark David Chapman

Back 88

Reason & emotion debate; assassinated John Lennon; sentenced to 35 years and denied parole 7 times; insane when he murdered Lennon and diagnosed with narcissistic personality disorder

Front 89

Burn Out

Back 89

Age when individuals stop engaging in crime; 50-60

Front 90

Charles Manson

Back 90

Convicted in the early 70's yet never murdered anyone himself; symbolic emotional reasons for still holding him

Front 91

Board's Decision Based On,

Back 91

1. Information about the offender's background

2. Professional assessments by corrections staff

3. Offender's statements to the board at the parole hearing; BC allows victim submissions

Front 92

Types of Temporary Absence

Back 92

Escorted temporary absence & unescorted temporary absence

Front 93

Escorted Temporary Absence (ETA's)

Back 93

Generally used to reconnect an offender with his/her family, facilitate medical treatment (most popular), or programming; minimum - medium security

Front 94

Unescorted Temporary Absence (UTA's)

Back 94

Offender is permitted to work outside (paid or volunteer) during the day, returning to prison at night

Front 95

Day Parole

Back 95

Prepares the offender for release onto full parole or statutory release (2/3) by allowing them to participate in community activities; halfway home; eligible after after 1/6 of their sentence or 6 months before full parole eligibility; most successful rates

Front 96

Full Parole

Back 96

An offender is eligible for release on full parole after serving 1/3 of their sentence; under supervision of a PO in the community

Front 97

Case Plan

Back 97

Most serious offenders; what they're going to do to survive when they get out

Front 98

Statutory Release Date

Back 98

When 2/3 of the sentence is served, it is a probable discharge date/EOS

Front 99

Responsibility of Parole Board

Back 99

1. Set conditions for parole and statutory release

2. Authorize suspensions of a violation occurs

3. Maintain a relationship with BC Corrections Branch who provide case prep, case management and community supervision

Front 100

Warrant of Committal

Back 100

Expires at the end of your sentence

Front 101

Parole Board

Back 101

Comprised of a chair and community members; holds office for a term of four years

Front 102

Recidivism on Parole

Back 102

30-35% reoffend in Canada, England and Australia; 45% in Texas & New York; day parole>full parole>statutory release

Front 103

Community Notification

Back 103

Corrections and conditional release act require CSC to provide the identity to the National Parole Board & police forces prior to the release of a federal inmate; media releases & fliers; Alberta has an online sex offender registry

Front 104

NIMBY

Back 104

Not in my backyard; released offenders targeted for harrassment