CRIM 241 Chapter 5: Crim 241 - (Chapter 5 Notes)
27 Apr 2018
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Crim 241:
Chapter 5 – Alternatives to Confinement
Introduction
- Alternatives to confinement, corrections use diversion and probation, intermediate
sanctions and restorative justice initiatives.
- Federal legislation, including Bill C-10 has constructed the use of alternative measures
and imposed a mandatory minimum sentence for offenders convicted of violent and
sexual offences.
Diversion
- Diversion programs are presented pre-charge, post-charge and post sentencing stages.
- OBJECTIVE: keep offenders from being processed further into the criminal justice system
(reducing costs and social stigmatization)
- No criminal record, if they confess, agree to be a part of the program
- VOM (victim-offender mediation): victim-offender reconciliation: resolve conflicts
- The Restorative Resolutions Program (Winnipeg, Manitoba): John Howard Society
- MAJOR CONCERN: Net Widening: involving offenders who would otherwise have been
released outright by the police or not charged by Crown Counsel.
o Coercive and punitive
o Infringe on rights and freedoms
o Disproportionately on lower socioeconomic status offenders
Probation
- Probation: a sentence imposed on an offender by a criminal court judge that provides
supervision of the offender in the community by a probation officer, either as an
alternative to custody or in conjunction with a period of incarceration.
- Supervises offenders in the community.
- Adult offenders can be placed on probation by
o As part of a conditional discharge
o Condition as a suspended sentence
o Part of an intermittent sentence
o As a sentence on its own
o Following prison term of 2 years or less
o Conjunction with a conditional sentence
o Federal offender who received a sentence of exactly 2 years.
- Offenders who receive a conditional discharge, suspended sentence or intermittent
sentence; must be placed on probation.
- Those receiving a fine, incarceration or a conditional sentence may be placed on
probation.
- With confinement; probation supervision begins either at the time of release or on the
expiration of provincial parole.
Specialized, Problem-Solving Courts
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Alternatives to confinement, corrections use diversion and probation, intermediate sanctions and restorative justice initiatives. Federal legislation, including bill c-10 has constructed the use of alternative measures and imposed a mandatory minimum sentence for offenders convicted of violent and sexual offences. Diversion programs are presented pre-charge, post-charge and post sentencing stages. Objective: keep offenders from being processed further into the criminal justice system (reducing costs and social stigmatization) No criminal record, if they confess, agree to be a part of the program. Vom (victim-offender mediation): victim-offender reconciliation: resolve conflicts. The restorative resolutions program (winnipeg, manitoba): john howard society. Major concern: net widening: involving offenders who would otherwise have been released outright by the police or not charged by crown counsel: coercive and punitive. Infringe on rights and freedoms: disproportionately on lower socioeconomic status offenders. Offenders who receive a conditional discharge, suspended sentence or intermittent sentence; must be placed on probation.
