NCJ Number
54805
Date Published
1976
Length
337 pages
Annotation
FOUR RESEARCH PAPERS PREPARED FOR THE LAW REFORM COMMISSION OF CANADA FOCUSING ON SPECIFIC ISSUES OF IMPRISONMENT AND A WORKING PAPER PRESENTING PRINCIPLES AND RECOMMENDATIONS FOR LAW REFORM ARE PROVIDED.
Abstract
ONE OF THE RESEARCH PAPERS PREPARED FOR THE LAW REFORM COMMISSION EXAMINES VARIOUS SENTENCING OPTIONS USED AND RECIDIVISM RATES OVER A 5-YEAR PERIOD FOR 2,071 CANADIAN OFFENDERS CONVICTED OF THEIR FIRST INDICTABLE CRIMINAL OFFENSE IN SEPTEMBER 1967. A SECOND PAPER CONSIDERS PRISON RELEASE OPTIONS IN CANADA, INCLUDNG REMISSION OF IMPRISONMENT, PAROLE, DAY PAROLE, AND TEMPORARY RELEASE. A RECOMENDATION IS MADE TO ABOLISH REMISSION LEGISLATION BECAUSE IT IS USED INCONSISTENTLY AND NEGATIVELY AS A MEANS OF CONTROLLING INMATE BEHAVIOR. A THIRD RESEARCH PAPER CRITIQUES EXISTING CANADIAN LEGISLATION GOVERNING THE HANDLING OF DANGEROUS OFFENDERS AND EVALUATES ALTERNATIVE MODELS. A FOURTH RESEARCH PAPER REPORTS ON THE CHARACTERISTICS, OFFENSES, VICTIMS, INSTITUTIONAL EXPERIENCE, TREATMENT, AND PAROLE OF A SAMPLE OF CANADIAN SEXUAL OFFENDERS LABELED 'DANGEROUS.' A WORKING PAPER PRESENTS PRINCIPLES AND RECOMMENDATIONS FOR LAW REFORM CONCERNING IMPRISONMENT DEVELOPED BY THE LAW REFORM COMMISSION OF CANADA. ISSUES RECEIVING SPECIAL CONSIDERATION ARE AIMS OF SENTENCING, REASONS FOR IMPRISONMENT, WHO DECIDES THE SENTENCE, GUIDELINES FOR IMPRISONMENT, LENGTH OF PRISON TERMS, EXCEPTIONAL CASES, CONDITIONS OF SENTENCE AND RELEASE PROCEDURES, AND THE SENTENCE SUPERVISION BOARD. WHILE IS IS RECOGNIZED THAT IMPRISONMENT IS NECESSARY FOR DEALING WITH SOME OFFENDERS, PARTICULARLY THOSE WHO ENGAGE IN VIOLENCE AGAINST THE PERSON, IT IS ADVISED THAT IMPRISONMENT BE USED SELECTIVELY AND WITH RESTRAINT. IT IS SUGGESTED THAT PRISON SENTENCES BE OF LIMITED DURATION AND INVOLVE APPROPRIATE VARYING CONDITIONS OF CUSTODY AND SUPERVISION INSIDE AND OUTSIDE PRISON FACILITIES. IT IS RECOMMENDED FURTHER THAT MAJOR DECISIONS AFFECTING THE LENGTH AND TERMS OF A PRISON SENTENCE BE MADE OPENLY AND ACCORDNG TO RECOGNIZED RULES OF FAIR PROCEDURE. THE RESEARCH PAPERS PROVIDE STATISTICS ON THE ISSUES CONSIDERED. (RCB)