“It must surely be a tribute to the resilience of the human spirit that even a small number of those men and women in the hell of the prison system survive it and hold on to their humanity” (Howard Zinn). No one enjoys prison, that’s the idea behind incarceration, it’s unpleasant, dangerous and can create habitual criminals. Zinn applauds the notion that some individuals can leave the Canadian prison system relatively unscathed. However, this is not the case for many of the guests of a Canadian corrections institution. Most citizens would agree that prisons are a stark necessity, but an often-overlooked characteristic of our prison system is that it is exceptionally costly. There significant costs incurred both financially as well as socially, …show more content…
Moreover, the experience of being in prison directly affects the chance that they’ll return after serving their sentence. Crowded prisons, gangs, racism, prisoner abuse, both sexual and physical, produce a damaged and probable case where the individual will return to the system. Recidivism, or the offenders relapse back into criminal behavior, is a considerable issue as 45% of offenders have been to prison previously (Muse) and if rehabilitation is not successful or is impeded, odds are the offender will revert through the system once more. Sexually transmitted diseases are rampant in penitentiaries with increasing rates of Hepatitis C, as well as AIDS. The consumption of narcotics inside Canadian prisons is widespread as four of five offenders have serious substance abuse problems (Muse). Additionally, if these illnesses aren’t treated the chance that recidivism will occur is elevated, as they will be released and commit another drug induced felony. “1 in 6 men and 1 in 10 women, are gang affiliated” (Muse) and the violence between these members and their rival factions, prove to achieve the opposite of rehabilitation. The summation of these encounters in Canadian jails can cause lasting mental disorders such as post-traumatic stress disorder; or aggravate pre-existing conditions such as bi-polar disorder or schizophrenia. Once a convict has completed their stay, it is …show more content…
The negative societal implications of prison can be nullified by increasing the application of alternative methods for minor offenders. It is a worthwhile endeavor to continue focusing additional attention on drug rehabilitation, therapy and overall treatment of that illness. Efforts to decrease the prison population won’t necessarily drop costs in the short term, but changes produced, can have beneficial long term effects. Housing our violent offenders in prison is and always will be a necessary evil; it is a cost that most citizens are comfortable bearing. In spite of that, the Canadian judicial system should further stress the importance of alternative punishment for minor offenders, avoiding “the easy way
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
When envisioning a prison, one often conceptualizes a grisly scene of hardened rapists and murderers wandering aimlessly down the darkened halls of Alcatraz, as opposed to a pleasant facility catering to the needs of troubled souls. Prisons have long been a source of punishment for inmates in America and the debate continues as to whether or not an overhaul of the US prison system should occur. Such an overhaul would readjust the focuses of prison to rehabilitation and incarceration of inmates instead of the current focuses of punishment and incarceration. Altering the goal of the entire state and federal prison system for the purpose of rehabilitation is an unrealistic objective, however. Rehabilitation should not be the main purpose of prison because there are outlying factors that negatively affect the success of rehabilitation programs and such programs would be too costly for prisons currently struggling to accommodate additional inmate needs.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
According to Mark Early, president of the Prison Fellowship International, the Bureau of Justice Statistics report shows that there are 19 states that have prisons operating at 100 percent capacity and another 20 are falling right behind them. There is no wonder why the overcrowding of prisons is being discussed everywhere. Not to mention how serious this predicament is and how serious it can get. Many of the United States citizens don’t understand why this is such a serious matter due to the fact that some of them believe it’s not their problem. Therefore they just don’t care about it. Also, some Americans may say that they don’t care about what could happen to the inmates due to repercussions of overcrowding, because it’s their own fault. In order to cure this growing problem people have to start caring about what’s going on, even if it’s to people who might deserve it.
Substance abuse is a grim issue that affects the Canadian inmate population; it can be defined as overindulgence in or dependence on an addictive substance, especially alcohol or drugs. Within Canada, 80% of offenders entering the federal prison system are identified as having a substance abuse problem; this goes beyond mere indication of tougher drug legislation, it uncovers further discrepancy. Due to the immense majority of offenders affected by this complex mental illness, in addition to varied levels of individual cognitive ability. Consequently conventional abstinence-based treatment methods may not benefit all offenders. Untreated, this dynamic risk factor precursor’s future offending, as a study reveals dependency on illegal drugs is the single most serious risk for repeated offending. It has been established substance control is a far more feasible short term goal than outright eradication. With this ideology, the premise of one’s analysis will be on substance abuse control methodologies, gauging effectiveness and overall success in achieving its purpose.
Canada reached its utmost population rate in 2013, with 15,000 inmates; this is a drastic increase of 75% in the past decade. Incarceration rates are rapidly increasing as crime rates decrease. Upon release, former prisoners have difficulty adapting into society and its social norms. Criminologist, Roger Graef states that, "the vast majority of inmates, the loss of local connections with family, job, and home sentences them again to return to crime." Prisoners often result in lethargy, depression, chronic apathy, and despair, making them ultimately rigid and unable to assimilate back into the public. Depression, claustrophobia, hallucinations, problems with impulse control, and/or an impaired ability to think, concentrate, or remember are experienced by prisoners who are isolated for a protracted amount of time; research has indicated that prisons can cause amenorrhea, aggressive behaviour, impaired vision and hearing, weakening of the immune system, and premature menopause. With the lack of system programs, the constant violence, and the social isolation, the prison system fails to prepare prisoners for reintegration to society. Prisons do not provide the proper structural functionalism to rehabilitate former long-term prisoners into society.
This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
Works Cited Federal Bureau of Prisons : http://www.bop.gov/ Inciardi, Dr. James A., A Corrections-Based Continuum of Effective Drug Abuse Treatment. National Criminal Justice Reference Service. Available: http://www.ncjrs.org/txtfiles/contdrug.txt. Butterfield, Fox. The "Prison: Where the Money Is."
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
The “Tough on Crime” and “War on Drugs” policies of the 1970s – 1980s have caused an over populated prison system where incarceration is policy and assistance for prevention was placed on the back burner. As of 2005, a little fewer than 2,000 prisoners are being released every day. These individuals have not gone through treatment or been properly assisted in reentering society. This has caused individuals to reenter the prison system after only a year of being release and this problem will not go away, but will get worst if current thinking does not change. This change must be bigger than putting in place some under funded programs that do not provide support. As the current cost of incarceration is around $30,000 a year per inmate, change to the system/procedure must prevent recidivism and the current problem of over-crowed prisons.
McMurty, John. "Caging the Poor: The Case Against the Prison System." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars' Press, 2000. 167-186.
Second, in an environment in which the concentration is on punishment, politicians and the American public are frustrated with prisoners living in a “resort-like” facility which might include opportunities to participate in: watching cable TV, weightlifting rooms, free education, religious affiliations, and libraries. The average cost of keeping a prisoner...