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Issues in the justice system
U.s criminal justice system
Criminal justice system problems
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Parole and mandatory minimum sentences are both controversial topics within the criminal justice system. “…to many Canadians, parole is the very definition of justice gone soft.” (Fine, 2016). Where mandatory minimums are more heavily supported by the community parole is often criticized. This is unjust because the adverse effects of a sentence without some type of reintegration back into society can be extremely harmful to the inmate and the community. “Parole is the system’s way of taking a calculated risk. Why take any risk at all? Because the alternative is seen to be worse: No incentive for good behaviour.”(Fine, 2016). This distrust in the parole system leads the public to support the idea of mandatory minimum sentences in the case of …show more content…
Doubt is also cast upon the system because some conditions of parole violated constitutional rights; “…the Conservatives abolished the requirement for the Parole Board of Canada to hold an oral hearing following the suspension, termination or revocation of parole or statutory release.” (The Globe and Mail, 2016). This leads to questioning of the fairness of the criminal justice system as whole. This message is implied by Jim Bronskill’s article titled Liberals eye exceptions to mandatory minimum sentences on the Globe and Mail website as well as Kathleen Harris’ article titled Supreme Court strikes down 2 Conservative sentencing reforms on CBC’s website. These two articles discuss the same case of mandatory minimum sentences for certain drug offenses being stuck down by the supreme court of Canada. Both frame the situation in a way that promotes the Liberal perspective. Advocating for the use of parole to its fullest abilities and removing mandatory minimum sentences not just in the context of the drug cases that were specified, but in general. In juxtaposition to that concept the conservatives believe these mandatory minimums “…send a stern warning that some crimes carry stiff penalties.” (Bronskill, 2016). In spite of that, the Liberals recognize that deterrence is …show more content…
These two articles clearly display to the reader the pitfalls mandatory minimums sentences can have in the context of certain drug offenses. Illustrating the restrictions mandatory minimums place on a judge’s ability to use their experience and knowledge to assert the right type of punishment over those convicted of crimes. , “Canadians lose confidence in the criminal justice system when the sentence doesn’t fit the crime,” – Michael Cooper (Harris, 2016). This reformation of the courts showed the public that fairness is the focus of the justice system and not just deterrence and or
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
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
Parole is a controversial issue because its vase ways to debate the challenges and problems that will exist. It’s like a side effect to medication based on one’s effectiveness belief. In like manner, the public media allows others who aren’t immediately effected to become tertiary, and secondary victims. It is the door to open opinions. An inmate is released from a sentence given parole and then assigned a parole and probation officer. The one thing that will make probation and parole successful is the supervision of the program and rehabilitation or residential treatment center. This will support the goal to maximize the good behavior and minimize the harmful behaviors of individuals. Probation is a good program because it’s a form of rehabilitation that gives inmates elevate space to obey rules and regulations. On the contrary, probation is risky just like any new diet plan that people use to
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...
A 1997 RAND Corporation study found that treatment of heavy drug users was almost ten times more cost effective in reducing drug use, sales, and drug-related crime than longer mandatory sentences (Echols, 2014). Other studies have shown that mandatory penalties have no demonstrable marginal or short-term effects on overall crime reduction either. Congress established mandatory sentences in order to incarcerate high-level drug criminals, but according to the U.S. Sentencing Commission, only 11 percent of drug charged prisoners fit that description (Echols, 2014). Most of those incarcerated are low-level offenders, whose spots in drug trafficking are easily filled by other people. Mandatory minimum sentencing is essentially a waste of scarce criminal justice resources and federal funds that could be used elsewhere, and The Smarter Sentencing Act’s reduction of mandatory minimums can be the first step in eliminating minimum sentencing altogether. Ideally, given the opportunity for discretion, judges would be more inclined to issue more effective alternatives to incarceration, such as rehabilitation programs and/or
The United States Parole system has been the longest running form of rehabilitation of inmates that have served time in the prison system. Parolees are granted parole by a committee that feel like the individual is ready to function normally back into society; in which case most are “maxed out” of the system, meaning that there is no more room in the prisons and due to good behavior within the prison walls these are the prisoners that are paroled out. Caseloads are at an all-time high due to the fact that parole officers are over worked and under paid, therefore there it is easier for the ex-cons to re-offend due to the lack of supervision that should be taking place. More often are the parolees just being released into society without supervision
Mandatory minimum sentences make up a large proportion of the criminal penalties in Canada; yet, there is little reliable evidence showing that variations in the severity of punishment have a substantial deterrent effect (Durlauf, Steven N., Nagin, and Daniel S. 2011). Mandatory minimum sentences also create harsher penalties for crimes that don’t deserve it, and don’t take into account the scenario in which these crimes were committed (Gabor, Thomas 2001). For example, the inflexibilities for crimes such as murder in certain contexts. An instance such as a spouse kills her tormentor in a premeditated fashion. Crimes like this are almost always prompted by severe treats to the spouse’s life, or the life of their children (Gabor, Thomas 2001).
The current criminal justice system is expensive to maintain. In North America the cost to house one prisoner is upwards of eighty to two hundred dollars a day (Morris, 2000). The bulk of this is devoted to paying guards and security (Morris, 2000). In contrast with this, community oriented programming as halfway houses cost less than the prison alternative. Community programming costs five to twenty five dollars a day, and halfway houses although more expensive than community programs still remain cheaper than prison (Morris, 2000). Tabibi (2015c) states that approximately ninety percent of those housed in prison are non-violent offenders. The treatment of offenders in the current system is understood to be unjust. By this, Morris (2000) explains that we consistently see an overrepresentation of indigenous and black people in the penal system. Corporate crimes are largely omitted, while street crimes are emphasized (Morris, 2000). This disproportionately targets marginalized populations (homeless, drug addicted and the poor) (Tabibi, 2015c). The current system is immoral in that the caging of people is highly depersonalized and troubling (Tabibi, 2015c). This is considered to be a barbaric practice of the past, however it is still frequently used in North America (Morris, 2000). Another moral consideration is with the labelling of youth as offenders in the criminal justice system (Morris, 2000). Morris (2000) argues that we should see youth crimes as a social failure, not as an individual level failure. Next, Morris (2000) classifies prisons as a failure. Recidivism rates are consistently higher for prisons than for other alternatives (Morris, 2000). The reason for this is that prisons breed crime. A school for crime is created when a person is removed from society and labeled; they become isolated, angry
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
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.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
...ystem and are seen as a credible sentencing option because of the restorative and rehabilitative effect it has on offenders by allowing them the opportunity to give something back to the community and providing them with education and work experience. There is a lack of evidence to suggest that rehabilitation is neither an effective or non-effective sanction. The use of probation as a stand-alone sanction has decreased over the years with probation now being combined with more severe sentences. When combined with rehabilitative programs probation reduced crime outcomes by 16.7%. The common perception of the general public is that increasing the severity of sentencing will reduce crime, however empirical evidence suggest that this is not the appropriate response. Public dissatisfaction with sentencing in Tasmania is often due to a lack of knowledge and understanding.
“Doing projects really gives people self-confidence. Nothing is better than taking the pie out of the oven. What it does for you personally, and for your family 's idea of you, is something you can 't buy." - Martha Stewart. Rehabilitated prisoners programs, for example, in the prisons are one of the most important programs in prison to address the causes of criminality and restore criminal’s self-confidence. Therefore, many governments are still taking advantage of their prisoners while they are in prison. However, some people believe that prison programs ' can improve and develop the criminals to be more professionals in their crimes. In addition, rehabilitated programs help inmates in the character building, ethical behavior, and develop
The complex issues of dealing with offenders in the criminal justice system has been a point of ongoing controversy, particularly in the arena of sentencing. In one camp there are those who believe offenders should be punished to the full extent of the law, while others advocate a more rehabilitative approach. The balancing act of max punishment for crimes committed, and rehabilitating the offender for reintegration into society has produced varying philosophies. With the emanation of drug-induced crimes over the past few decades, the concept of drug treatment courts has emerged. The premise of these courts is to offer a “treatment based alternative to prison,” which consist of intensive treatment services, random drug testing, incentives
Young, M. G. (1998, July). Rethinking community resistance to prison siting: Results from a community impact assesment. Canadian Journal of Criminology, 323-325.