Question 5
Do you agree with the current system Canada has set in place or do you think our country should adopt the American system? Or do you believe both systems are the same?
Treatment in prison
"Magnotta’s letters describing his prison painting classes, sun tanning, pizza and chocolate bon bons are par for the course in a federal medium-security prison, say two Ontario corrections officers who wish to remain anonymous"
What is a Habitual Criminal?
“They have wired up PlayStations, everyone’s got a flat-screen TV and the extra speakers wired in. They’ve got everything, anything you could want. It’s absolutely perfect,” explains Jim. “It’s like summer camp.”
"It costs us $322 a day to keep each one of Canada’s worst citizens well fed, healthy and secure in this country’s federal penitentiaries."
How Does Someone Become a Habitual Criminal?
Question 3
Do you believe that our tax dollars are being wasted on keeping these inmates in prison?
http://www.torontosun.com/2015/11/03/inmates-living-it-up-in-federal-prison-guards-say
Question 4
Should our money be invested in what occurs once these inmates are released and what do you believe this solution should be?
Criminologists Theories:
Family Problems
Understanding the Habitual Criminal
1) Social disorganization theory: A persons physical and social environments are primary responsible for the behavioral choices that a person makes. In particular, a neighborhood that has fraying social structures is more likely to have high crime rates. Such a neighborhood may have poor schools, vacant and vandalized buildings, high unemployment and a mix of commercial and residential property
2) Strain theory: Most people have similar aspirations, but they don’t all have the same opportunities or abilities. When people fail to achieve society’s expectations through approved means such as hard work and delayed gratification, they may attempt to achieve success through crime.
3) Labeling theory : People in power decide what acts are crimes, and the act of labeling someone a criminal is what makes him a criminal. Once a person is labeled a criminal, society takes away his opportunities, which may ultimately lead to more criminal behavior.
- Also referred to as a career criminal
- A person with a previous criminal history and continues to commit crimes
- someone who is repeatedly been to jail (habitual criminal = repeat offender)
- General category of criminals, can classify for any type of criminal as long as they have committed more than one offense/crime
Question 1
Education
Is a lack of one of these (family support, education, and income) responsible for the development of a habitual criminal?
Question 2
What role can society play in order to help try and stop one from developing into a habitual criminal?
How Canada Deals with Habitual Criminals
Significant changes to the high-risk offender provisions were contained in The Tackling Violent Crime Bill that came into force on July 2, 2008. The reforms include these provisions:
- An offender who gets a third conviction for a primary designated violent or sexual crime that should result in a sentence of at least two years is now presumed to be a dangerous offender, if two previous convictions each resulted in a sentence of two years or more. The offender is given an opportunity to show why he or she should not be designated a dangerous offender;
- When an individual is convicted for a third time of a "designated offence", the Crown prosecutor has a duty to confirm to the court that a dangerous offender application has been considered;
- Where the court is satisfied that the offender meets the Dangerous Offender criteria in section 753, in all cases the individual will be designated a Dangerous Offender. The designation is for life.
- Once designated as a Dangerous Offender, the court will impose a sentence that must ensure public safety, which can be either;
- ◦An indeterminate sentence of imprisonment, with no chance of parole for 7 years;
◦A regular sentence of imprisonment for the offence, plus a Long-term Supervision Order in the community of up to 10 years after the regular sentence has expired; or,
◦A regular sentence of imprisonment for the offence.
Col. Williams case
•An individual who is designated as a dangerous offender but does not receive an indeterminate sentence of imprisonment will be subject to a re-determination of the indeterminate sentence if that individual subsequently breaches a condition of their Long-term Supervision Order or commits another serious personal injury offence. The Crown will not have to satisfy the court that the offender is a dangerous offender for the latest offence;
•The duration of peace bonds placed on individuals who are a high-risk to commit sexual and/or violent offences and who have been convicted of such offences in the past has been increased from one to two years; and
•The conditions that can be imposed under peace bonds have been expanded to include residency, electronic monitoring, treatment and others.
Col. Russell Williams was convicted in October 2010 of 88 charges, including two counts of first-degree murder, which carry a mandatory life sentence without possibility of parole for 25 years.
The Crown attorney in that case said he would not seek dangerous offender status for Williams because it would be redundant.
However, murderer Paul Bernardo was given the designation in 1995 after being sentenced to life in prison without possibility of parole for 25 years.
The Crown sought the designation rather than hold trials on the outstanding charges Bernardo faced: 32 charges related to a series of rapes in east-end Toronto and a manslaughter charge in the death of Tammy Homolka, his sister-in-law.
Johnson Izetta Case
http://www.cbc.ca/player/play/2080129985/
Monica Cieslak & Olivia Martella
Alternative Approaches
The Untied States
- The United States have passed laws which requires the state courts to give out extended sentences to Habitual Offenders.
- In some states statues might list mandatory sentencing guidelines that must be followed
- In other states the judge may have some discretion in setting sentences for habitual offenders
- Some states have "Three Strikes" statues which focus on defendants conviction; by the third strike the offender may have to face a life sentence in jail