Conditional Sentencing: Effective or Not? - Contents

Contents

Conditional Sentencing: Effective or Not?

Punishment, rehabilitation, or revenge? In an enlightened society, it is presumed that prisons will redress wrongs in the best interests of society as a whole. The perplexing issue of prison sentences is whether they accomplish what they are intended to. Do they change sociopathic human behaviour and allow a criminal member of society to reintegrate into the mainstream population and ultimately to contribute to the general health of the nation, or do they in fact have the opposite effect, of perpetuating criminal behaviour? These are the fundamental and problematic questions in this story.

Contents Introduction Does the Punishment Fit the Crime? The Wisdom of Solomon A Rationale for Punishment Doing Time Inclusive Justice The Aboriginal Dilemma An Alternative Use of Time Discussion, Research, and Essay Questions

Comprehensive News in Review Study Modules

Using both the print and non-print material from various issues of News in Review, teachers and students can create comprehensive, thematic modules that are excellent for research purposes, independent assignments, and small group study. We recommend the stories indicated below for the universal issues they represent and for the archival and historic material they contain.

�After the Crime: Is Justice Served?� December 1994 �Gun Control: A Law To Stop the Killing,� April 1995

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Teen Driver Hacker Crackdown Out of the Woods Squeegee Kids Healing Justice

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Introduction


When introducing the second reading of Bill C-41, �An Act to amend the Criminal Code (sentencing)� in Parliament on September 20, 1994, then minister of justice Allan Rock made the following statement: �Alternatives should be put in place for those who commit offences but who do not need or merit incarceration.� With the bill�s passage, the Criminal Code was amended to reflect a policy of considering conditional sentences first before criminals were placed in jails. Conditional sentences are reserved for offenders who would normally go to jail for less than two years. They encompass a wide variety of sanctions. Conditional sentences might include serving a sentence at home, varying lengths of curfews, community service such as voluntary activities, attending counselling programs, electronic monitoring, restrictions on drugs and alcohol, or meeting with victims. Judges may create combinations of conditions from the above or impose some that may be unique to a specific offence. If the conditions were violated, the offender would serve the remainder of the sentence behind bars. Conditional sentences have raised the hackles of some political parties, victims� rights groups, and victims themselves. In a society in which denunciation and retribution traditionally have been key parts of the criminal justice process, there is often the feeling that some criminals are simply getting off too easy. While many Canadians have no difficulty providing alternatives to jail sentences for non-dangerous criminals, they do not like the fact that one in four violent offenders are now serving conditional

sentences. In some cases, offenders who have committed assault, sexual assault, and even murder have been allowed to serve their time at home, while their victims pick up the pieces of their lives. The victims must often live in the same community, fearing for their safety, as do other citizens of the community. Some critics question who is really serving the sentence. Complicating this issue, however, is the fact that Canada has one of the highest incarceration rates in the industrialized world. In Canada and the United States�the latter having the highest rate�prison has not reduced crime rates. Some prison critics suggest that it simply separates the problem from society temporarily; when the criminal is released, the problem is still there, as is the good chance that he or she will re-offend. Jail terms are costly, and the line-ups for rehabilitation programs too lengthy for such programs to be effective. Conditional sentences allow judges to place offenders nearest to support networks such as family, work, and community programs, all of which can better prevent re-offending. The hope is that with the appropriate conditional sentence, the offender will not only pay a debt to society and be rehabilitated but will also take steps toward repairing the damage done both to the victim and to the community. While there is considerable evidence that conditional sentences seem to work in many cases, the public debate continues as to whether the justice system�s use of them is too extensive or too lenient.

Introduction Does the Punishment Fit the Crime? The Wisdom of Solomon A Rationale for Punishment Doing Time Inclusive Justice The Aboriginal Dilemma An Alternative Use of Time Discussion, Research, and Essay Questions











Does the Punishment Fit the Crime?


An Overview During a first viewing of this News in Review report, do the following:

1. Make point-form notes about how Canadians convicted of crimes in this country are punished. 2. Note how each of the following terms plays an important role in this story: punishment, incarceration, sanctions, rehabilitation, retribution. 3. Share the information you have gathered through small-group discussion. The Legal Case After reading the information below, watch the video a second time and then as a class discuss how your ideas or perspective on this issue has changed.

On July 13, 1995, Bill C-41,�An Act to amend the Criminal Code (sentencing),� was passed into law. This legislative bill altered Part XXIII of the Criminal Code to shift the focus of punishment away from incarceration toward alternative sanctions, more commonly known as conditional sentences. The Act, by redefining the role of punishment in Canada, opened the door for judges to create combinations of rehabilitation programs, community service, home-based detentions, and restitution activities. Sections 716 through 719 of Part XXIII define the purpose of sentencing and set the criteria to which trial judges

must adhere when determining the appropriate punishment. Section 718 was amended to read as follows: 718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect 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:

(a) to denounce unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. When introducing Bill C-41 during its second reading in the House of Commons in 1994, Allan Rock, then justice minister, noted that jails should be reserved for those who should be there. He stated:

�This bill creates an environment which encourages community sanctions and the rehabilitation of offenders together with reparation to victims and promoting in criminals a sense of accountability for what they have done. It is not simply by being more harsh that we will achieve more effective criminal justice. We must use our scarce resources wisely.� While conditional sentences existed prior to 1995, the emphasis was on jail terms, not community-based sanctions. Judges are now expected to consider all possible alternatives before imposing incarceration. The change in emphasis is based on two conclusions:

� that prison does not always deter criminals from committing offences and � that the cost of incarcerating prisoners (reportedly over $60 000 per prisoner per year) is prohibitively expensive.

Other critics of the Act suggest that there are concerns that some offenders are only receiving �slaps on the wrist� for serious crimes, or worse, may use the opportunities provided through lax supervision to re-offend.

Follow-up Activity In controversial issues such as those in which crime is involved, public opinion can become very divided and very heated. It is

difficult and not unusual to react quickly and strongly. Media coverage of issues such as criminal activity and the consequences can prompt strong personal reactions because of provocative images or language.

During a final viewing of this News in Review report, make a list of images and language items (entire sentences, expressions, single words, descriptive or metaphoric language) that you feel would make the general public pay close attention to this issue.

For each item you have identified, visual or aural, describe its effect or the impact on the viewer.












The Wisdom of Solomon


It is common human behaviour to second-guess the efforts of others. As we watch a sporting event, we often suggest what the players should have done to be successful. This is a reasonable response, but it is also somewhat unrealistic since we are not the ones who must make the difficult decisions on the spot. In real life there are no instant replays. In terms of imposing sanctions, punishments or legal decisions on others many people are uncomfortable or feel an undeserved sense of power. Society is structured so that other highly qualified people who are also in positions of high authority�in this instance judges�impose sanctions for criminal behaviour on behalf of the state. In Canada, unlike the U.S., judges are appointed on merit as opposed to elected.

Intent and Effect 1. Think of occasions when you have experienced a sanction or a punishment imposed on you or on others. In small groups, discuss the feelings and the human dynamics that were involved in such a situation of power. What was the reason for and the intended effect of the sanction? What was the status or expertise of the person or persons who imposed the punishments? In your opinion, were they qualified and credible? Was the offender in question involved in any way in determining the sanction? Did the punishment achieve the anticipated effect? Did it follow logically the intent of the sanction? Was it ultimately a fair sanction?

2. When imposing a sentence on a criminal offender, judges too are under pressure to make a just and effective decision. They can be criticized if the punishment is perceived as not fitting the crime. Under the law judges consider many possible sanctions other than incarceration before sending an offender to prison. The majority of Canadians have indicated that prison sentences are an appropriate social sanction to effect change in individual human behaviour and to create the optimum resolution of a distressing situation for all parties concerned. Despite the efforts and wisdom of judges, many still may feel, however, that justice has not been fully served if the punishment is not severe enough, that the wrongdoing has not been redressed. On a piece of paper create two columns labelled �Conditional Sentences Work� and �Conditional Sentences Do Not Work.� As you watch this News in Review program again, jot down ideas suggested by the video that fit each column. After viewing, form small groups and compare your findings.

Follow-up Activity Working as a class, refer to the specific examples of crimes outlined in the video and explain in your own words why each sentencing decision required the wisdom of Solomon. Why in each of these cases was it or was it not difficult to render sentencing decisions that could satisfy everyone?












A Rationale for Punishment


A challenge for lawmakers and judges is that Canadian society, in which freedom of expression, freedom of dissent, and a free press are integral to our culture, is also a society in which the public response to criminal sentencing decisions can be diverse, vocal, and dissenting; and those who make such judgments about the lives of real people bear a very weighty human responsibility.

Each generation throughout Canadian history has seen reforms in the criminal justice system. Frequently in judicial legislation the pendulum has swung dramatically between the essential criminological concepts of rehabilitation and punishment. At times Canadian society has emphasized rehabilitating and changing the criminal behaviour of the individual. At other times, the public mood has favoured hardline punishment in order to deter through negative reinforcement a repetition of the criminal behaviour.

Despite statistics that indicate that the rate of crime in Canada is down, tough-on-crime political platforms are very much in vogue in this country as well as in the United States. Boot camps have been built in both countries for young offenders and adults. In the U.S., some prisons have reverted to prison work gangs in order to make the prison experience as unpleasant as possible. Many of those who believe we should be tougher on crime maintain that offenders either lack discipline in their lives or that prisons

are too accommodating to act as deterrents to criminal behaviour. These same groups also call for longer prison sentences and less parole. California has its infamous �three strikes� law, which means an automatic life sentence for any offender who has committed three felonies (usually violent crimes). Both the Canadian Alliance Party and several provincial parties promote stiffer laws for punishing offenders. Currently in Ontario, a private member�s bill has been introduced to create a database to track the sentences meted out by provincial judges.

Opponents of the lobby groups proposing harsher sentencing, on the other hand, point to the falling crime rate and to the lasting effects of rehabilitation. They feel it is better to focus resources on preventing crime than to punish criminals when it is too late.

Read the statements below carefully. What style of punishment does each advocate? How do these approaches differ? Which positions do you tend to support? Write a short personal essay that argues your own philosophy of the application of criminal sanctions.

�Eye for eye, tooth for tooth, hand for hand, foot for foot.� � Deuteronomy XIX 21, the Bible �A soft answer turneth away wrath.� � Proverbs, the Bible �Men are not hanged for stealing horses, but that horses may not be stolen.� � George Savile, 1633-95, First Marquess of Halifax �The punishment of criminals should be of use; when a man is hanged he is good for nothing.� �French philosopher Voltaire, 1694-1778 �Better build schoolrooms for �the boy�, than cells and gibbets for �the man�.� � Eliza Cook, poet, 1853 �The object of punishment is prevention from evil; it never can be made impulsive to the good.� � Horace Mann, U.S. educator and advocate of public education, 1867 �My object all sublime, I shall achieve in time, to let the punishment fit the crime, to let the punishment fit the crime.�- from the Gilbert and Sullivan operetta The Mikado, 1885 �Society needs to condemn a little more and understand a little less. � Former British prime minister (1990-97) John Major.

Contents Introduction Does the Punishment Fit the Crime? The Wisdom of Solomon A Rationale for Punishment Doing Time

Inclusive Justice The Aboriginal Dilemma An Alternative Use of Time Discussion, Research, and Essay Questions











Doing Time


When asked in polls, many Canadians feel our criminal justice system is too lenient with offenders, especially when faced with examples such as the rape case described in this News in Review report. They might be surprised to learn that the sentencing process is actually getting tougher. According to Julian Roberts, a professor of criminology, the percentage of offenders sent to prison has increased. Moreover, those sent to prison last year were sentenced to longer terms of incarceration.

How Long Is Long Enough? Many Canadians would also be surprised to know that not only are Canadian criminals receiving longer sentences, but that Canada has one of the highest incarceration rates in the world. Former Chief Justice Lamer of the Supreme Court of Canada made note of this in the case of Regina vs. Gladue heard December 10, 1999. (This was a controversial test case involving an aboriginal woman charged with murder. The case clarified how punishments in general and for aboriginal people specifically are handed down by sentencing judges. The Gladue decision has significance because it defines what is meant by punishment in Canadian law and is now the current leading precedent on issues concerning sentencing.) Judge Lamer wrote:

�Although the United States has by far the highest rate of incarceration among industrialized democracies, at over 600 inmates per 100 000 population, Canada�s rate of approximately

130 inmates per 100 000 population places it second or third highest. Moreover, the rate at which Canadian courts have been imprisoning offenders has risen sharply in recent years, although there has been a slight decline of late. This record of incarceration rates obviously cannot instill a sense of pride.� Inconsistencies In the newspaper editorial referenced above on incarceration Julian Roberts noted that the use of jail terms varied considerably across the country. For example, Ontario had one of the highest rates, with roughly 40 per cent of all convictions ending in imprisonment. In contrast, Nova Scotia and Saskatchewan only imprisoned 20 per cent of their convicted offenders. The length of a sentence is also a variable, since judges from different regions have applied different lengths of imprisonment. The implication is that where an offender lives in Canada can have an effect on whether he or she goes to prison or not, and how long he or she will stay there.

Activity Go to the Statistics Canada Web site at www.statcan.ca and analyze the crime statistics yourself. Access the site, select �Canadian Statistics� then �Justice and Crime.� Note that this information plots crime figures year by year over a five-year period. Select several categories and determine what trends you can see. How does your province or region fare against others or against the national average? What theories can you propose to help explain this trend? Present your findings to the class.












Inclusive Justice


It sometimes seems as if the victims of crime are often forgotten by the Canadian criminal justice system. The arrest of the suspect, the trial process, and the punishment are all carried out by Crown prosecutors, government employed lawyers. Once the charges have been laid, the two primary actors in the courtroom drama are the accused and the Crown, the latter representing the state and society as a whole. The victim, unless required as a witness, usually plays a small role in the process. With the backlog of trials in the courts and large numbers of prisoners already incarcerated, prosecutors and judges are often pressured to accept plea bargains or divert offenders from prison sentences. Many victims feel bypassed by a system that seems to put expediency before justice or retribution. As a result, victims� rights organizations are becoming more and more part of the non-judicial and judicial process.

Plea Bargaining A plea bargain occurs when the prosecution and defence agree to allow the accused to plead guilty to a lesser crime than the original charge laid or to accept a more lenient sentence. An example would be reducing a dangerous driving charge to one of careless driving. The advantages are that cases are diverted from the backlogged trial courts and that a conviction is guaranteed. Prosecutors may accept such deals in cases where a conviction on the original charge appears not to be a certainty. The thinking process is that a conviction is better than an

acquittal. It also frees the Crown prosecutors to focus on more serious or contentious cases. In the cold, hard world of economics, there is only so much money or time available to deal with the vast array of offences occurring every year. The downside is that a victim may not be aware of a plea bargain deal made with the prosecution and in this way is left out of the process.

While plea bargaining is a recognized process in the United States, it is not enshrined in Canadian legislation. There are no formal laws or rules that define its conduct, nor endorse or prohibit its existence at all. Its practice can vary from province to province, and even from one jurisdiction to another within the same province. According to the Victims of Violence Canadian Centre for Missing Children Web site, 80 to 95 per cent of criminal cases are not settled with a trial, but by negotiated pleas. Full trials would appear to be the exception not the rule in the Canadian justice system.

Supporters of plea bargaining point out our system would break down if the process was eliminated or reduced. Trials can drag on for weeks or months. In addition there may be appeals. Plea bargaining allows the trial system to be more efficient and the net result is that the guilty party is convicted, albeit of a lesser charge. Critics of the process point out that negotiating with criminals is an abhorrent and incongruous practice. They suggest that criminals know they can reduce their punishment because the legal system cannot cope with the number of cases and that serious crimes can become trivialized and potentially dangerous offenders returned too quickly to society. Those opposed to plea bargains maintain that the process does little to deter criminal activity.

Victim Impact Statements Provisions were passed by the federal government in 1988 to allow victims to present victim impact statements at sentencing, parole, and judicial review hearings. In addition, most provinces have additional legislation emphasizing victims� rights. British Columbia passed a Victims of Crime Act, giving families of crime victims access to compensation and services: access to information, legal assistance, courtesy, and formalized procedures that assure respect for their rights. A surcharge on provincial fines helps pay for these services. Ontario also has a Victims� Bill of Rights, which has many of British Columbia�s provisions as well as others. For example, victims of sexual assault have the right to be interviewed by a police officer of their own gender. As well, victims are supposed to be informed about temporary releases of their assailants. Despite this there still

seem to be too many examples of victims of crime unaware of or startled to learn of plea bargains or conditional sentences imposed by judges. Read the description of the cases and statements below. In each case the judge decided that the accused met the criteria for a conditional sentence, but in the view of others did not satisfy the victims� families view of justice. In each case, suggest why the issue of conditional sentencing was controversial.

� In Brampton, Ontario, a driver who struck and killed a deaf cyclist received a three-month conditional sentence. The defendant was racing and left the scene of the accident without checking the victim. The brother of the deceased cyclist stated �He didn�t make the effort to help Gary and still got small time?� � In another case, a convicted pedophile who assaulted nine male teens spent only four days in jail following his arrest. His conditional sentence was two years less a day to be served in the community. One of his victims said after the Crown�s appeal of the sentence, �What [the defendant] did was not acceptable and they�re sending out the message that it is.� The boy�s father added, �I feel like we�ve been victimized for a third time. We, as the family, were victimized by [the defendant]. We were victimized by the [sentencing] judge and we were victimized by the Appeal Court in Toronto.� � A man convicted of impaired driving causing death involving a 14-year-old boy in Thompson, Manitoba, was given a 20-month conditional sentence. As part of his sentence, the judge told the defendant to meet with his victim�s family, but did not consult the family first. The father of the deceased boy refused to meet with the offender, saying �Never in this lifetime . . . our son got life, [the defendant] doesn�t even miss a day of sunshine.�












The Aboriginal Dilemma


Canada�s aboriginal people make up a disproportionate part of the federal and provincial prison populations. In the mid-1980s, aboriginal people represented two per cent of the Canadian population, yet they made up 10 percent of the penitentiary population. By 1997, they comprised three per cent of the total population and 12 per cent of federal prison population. Regionally, this problem becomes magnified. For example in Manitoba and Saskatchewan in 1997, natives constitute between six and seven per cent of the population, yet in Manitoba they represented 55 percent of provincial prisoners and 72 percent in Saskatchewan. This is a problem that has worsened over the past three decades in most provinces and territories across Canada.

Critics have suggested that explanations for this problem include systemic racism, cultural alienation, and economic and educational disparity. According to critics, Canada�s aboriginal people have not achieved equitable treatment before the law, nor do many consider the legal system favourable to their needs or to their communities. While the causes of and remedies for native disparity in Canada have been widely debated, what many Canadians did agree on in the 1990s was that alternatives to incarceration were needed for the native community. When changes were made to the Criminal Code in 1996 to reduce the legal system�s reliance on incarceration in general, former minister of justice Allan Rock included specific procedures for

sentencing aboriginal people. In his testimony regarding the 1996 Bill C-41 before the House of Commons standing Committee on Justice and Legal Affairs, Rock addressed this concern directly. He stated: �The reason we referred specifically there to aboriginal persons is that they are sadly overrepresented in the prison populations of Canada. . . . What we�re trying to do, particularly having regard to the initiatives in the aboriginal communities to achieve community justice, is to encourage courts to look for alternatives where it�s consistent with the protection of the public alternatives to jail and not simply resort to that easy answer in every case.�

Bill C-41 resulted in the creation of a set of criteria for judges to apply when passing sentences on offenders, including section 718.2(e), which pertains specifically to aboriginal offenders. Since its passage, trial judges must consider what unique background factors brought the particular aboriginal offender before the courts. Judges must also examine all alternatives to incarceration, especially including the native community in the rehabilitation process. If incarceration proves necessary, the judges are urged to provide shorter sentences than those meted out to non-native offenders. In his ruling on the Gladue case, Judge Lamer emphasized that this was not automatic, but simply a criterion that needed to be recognized by sentencing judges. The goal is to steer aboriginal individuals away from incarceration where possible to break the destructive cycle of offences.

Discussion Look up the words equality and equity. Try to define them in the context of the sentences imposed by our legal system. The intent of the reforms concerning aboriginals is to achieve equity not equality. Do you agree with this approach to aboriginal offenders?

Sentencing Circles One method of addressing the excessive incarceration of natives is the sentencing circle. The focus of the circle is on healing as opposed to punishment. The intent is for offenders to be confronted with the impact of their actions, take responsibility for them, and participate in determining their rehabilitation. As in an ordinary courtroom, the circle will have the police and a trial judge present, but there will also be elders, peers, family, and victims. The criteria for holding a sentencing circle come from a decision from Judge Fafard of the Saskatchewan Provincial Court in Regina vs. Joseyounen, 1995:

1. The accused must agree to be referred to the sentencing circle.

2. The accused must have deep roots in the community in which the sentencing is held and from which the participants are drawn. 3. There are elders or respected non-political community leaders willing to participate. 4. The victim is willing to participate and has been subjected to no coercion or pressure in so agreeing. 5. The court should try to determine beforehand, as best it can, if the victim is subject to battered women�s syndrome. If she is, then she should have counselling and be accompanied by a support team in the circle. 6. Disputed facts have been resolved in advance. 7. The case is one in which a court would be willing to take a calculated risk and depart from the usual range of sentencing. The sentencing circle is not used for offences demanding sentences in excess of two years. This would include serious indictable offences or cases where the accused has been a frequent offender. The circles are emotionally demanding because the offenders must take responsibility for their actions in the presence of their victims and the people they respect most in the community. The focus is on rehabilitation, but the circle may still recommend sanctions similar to those handed out in a regular courtroom. The difference is that the accused is an active participant in repairing the damage caused by his or her actions.

Discussion Sentencing circles reflect the traditional values and beliefs of Canada�s aboriginal community. The principles, however, could have applications outside the native community. Think of other situations where the concept of a sentencing circle could be used. For example, how could one be used in a school setting when dealing with discipline issues?

A Description of a Typical Sentencing Circle After approximately two hours of at times heated and emotional dialogue, the mediator felt that the offender and victim had heard each other�s story and had learned something important about the impact of the crime and about each other. They had agreed that the offender, a 14-year-old, would pay $200 in restitution to cover the cost of damages to the victim�s home resulting from a break-in. In addition, he would be required to reimburse the victims for the cost of a VCR he had stolen, estimated at $150. A payment schedule would be worked out in the remaining time allowed for the meeting. The offender had also made several apologies to the victim and agreed to complete community service hours working in a food bank sponsored by the victim�s church. The victim, a middle-aged neighbour of the offender, said that she felt less angry and fearful after learning more about the offender and the details of the crime and thanked the

mediator for allowing the mediation to be held in her church basement.












An Alternative Use of Time


What incites public debate about the appropriateness of conditional sentences are the stories that periodically emerge when the system fails. There are unfortunately highly publicized incidents in which criminals who have received conditional sentences reoffend while completing their conditional sentence. While the majority of prisoners do serve their conditional sentence or their parole without a problem, a small minority reoffend, sometimes in very serious ways that cause people to question the validity and appropriateness of the conditional sentence.

In a case in Puvirnituq, Nunavik, for example, a 38-year-old repeat offender found guilty of assault causing bodily harm was sentenced to a one-year conditional sentence that he was allowed to serve in his community. He was required to keep the peace, stay away from his victim, and refrain from drugs or alcohol. A week later, the man was arrested for beating his wife, leaving her with a frontal skull fracture, broken ribs, and a broken leg. Local police expressed the observation that in their experience this was a typical scenario. Violent offences in the community had actually increased, leading community members to suggest that conditional sentencing had little deterrent value at all.

In cases like this one, the criminal only had an opportunity to offend because the terms of the sentence allowed him or her the

freedom to move about relatively unsupervised. It is obviously difficult to make the case for conditional sentencing in general leading to a lower crime rate or more successful rehabilitation if law-abiding people are hurt by criminals who were not incarcerated. A common solution to maintaining effective conditional sentencing supervision is the �virtual prison,� that is, electronic monitoring of the offender to assure that the individual is where he or she is required to be, either, for example, at home or in a particular workplace or rehabilitation situation. The convicted offender wears a bracelet that alerts police if that person leaves the designated place, often the home. Drive-by spot checks may be done electronically and remotely at the offender�s workplace or other sanctioned area. The system, however, is not foolproof. Recently in Anderson, Indiana, a 16-year-old boy wearing such a bracelet broke into a neighbour�s home and raped and killed a 13-year-old girl. The boy, who was sentenced to house arrest for burglary, was allowed a 50-metre radius around his home. Unfortunately, the neighbour�s house was only 15 metres away. This may only prove the difficulty of providing any foolproof system of criminal sanctions.

Follow-up Activities 1. Has the change in emphasis to conditional sentences placed monetary considerations and presumed efficiency before public safety? Is there such a thing as an acceptable rate of failure for conditional sentences, especially when dealing with violent offenders? Write a short opinion piece answering these two questions. 2. Research the growing field of electronic monitoring. Many governments see it as the way to relieve pressure on overcrowded jails. To what extent should it be employed?












Discussion, Research, and Essay Questions


1. Check the newspaper daily for examples of criminal sentences. What maximum sentences exist for some of the more common offences? Since the maximum sentence is rarely applied, what types of sentences are typically applied? Research a newspaper�s Web site using the terms conditional and sentence to obtain several examples of alternative sentences. 2. Are there categories of crimes that just simply should not, in your opinion, receive conditional sentences? Some judges say that their options should be open even for violent offences. Otherwise the risk of further injustices exists, or at the very least, the loss of rehabilitation opportunities. 3. How much consideration should judges give to victims when imposing sentences? Should judges be allowed to give conditional sentences when the victims strongly object? Research this topic and write your recommendations on this issue. 4. Fifteen years ago there were few resources or organizations available for victims and their families. Today there is a wide range of support groups to assist victims through the aftermath of their experiences and advocacy groups that pressure governments for legislative and procedural changes. Research the status of victims� rights in Canada. Two suggested Web sites are the Victims of Violence Canadian Centre for Missing Children site at www.victimsofviolence.on.ca, which was started by parents of victims murdered by Clifford Olsen, and the Canadian Resource Centre For The Victims Of Crime at www.crcvc.ca.

5. Many critics say that any lasting solution to the problems of crime will have to include the needs of criminals. Two groups that work with offenders and that evaluate and advocate changes in the criminal justice process are the John Howard Society of Canada (for men) and the Elizabeth Fry Association (for women). These groups operate across borders and advocate for legislative and administrative reform. Choose one of these groups and research its history, its principles, and its purposes. You may wish to contact the group for a statement on the issue of conditional sentencing. You may wish to begin your research at www.johnhoward.ca or www.elizabethfry.ca. Present a report to the class. 6. Write a one-page summary in which you explain how the issue of conditional sentencing highlights the very problematic issue of crime and punishment in society. In your summary, explain carefully how sentencing, conditional or otherwise, is crucial to a nation�s system of justice and to the nature of that society as a whole.












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Conditional Sentencing: Effective or Not? - Contents