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THE SENTENCING OF ABORIGINAL AND NON-ABORIGINAL YOUTH UNDER THE YOUNG OFFENDERS ACT: A MULTIVARIATE ANALYSIS
Jeff Latimer
Senior Research Officer
Research & Statistics Division
Department of Justice Canada
Laura Casey Foss
Research Assistant
Research & Statistics Division
Department of Justice Canada
This paper examines the sentencing of Aboriginal and non-Aboriginal youth under the
Young Offenders Act, using youth court data from five major cities in Canada. Three separate sentencing decisions are examined using logistic and multiple regression analyses: 1) the imposition of a custodial sentence versus a non-custodial sentence, 2) the use of secure custody versus open custody, and 3) the length of the custodial sentence. First, there is no evidence that Aboriginal youth are more likely than non-Aboriginal youth to receive a custodial sentence. Sentencing judges appear to base the decision to impose custody on traditional factors such as criminal history and the severity of the offence. Second, there is no convincing evidence to suggest that Aboriginal youth are more likely than non-Aboriginal youth to receive a secure custody sentence. Lastly, there is evidence to suggest, however, that Aboriginal youth are likely to receive a longer custodial sentence than non-Aboriginal youth, regardless of standard aggravating factors such as criminal history and offence severity.
NEEDING TREATMENT: A SNAPSHOT OF PROVINCIALLY INCARCERATED ADULT OFFENDERS IN NOVA SCOTIA WITH A VIEW TOWARDS SUBSTANCE ABUSE AND POPULATION HEALTH
Heather A. Kitchin
Department of Sociology
Acadia University
Currently, Nova Scotia Correctional Services offers little by way of programming or treatment for adult offenders incarcerated under its authority, despite research showing a positive correlation between substance abuse and crime. Through both qualitative and quantitative data, this research report: (1) situates the case of Nova Scotia within other literature that addresses crime and substance abuse; (2) presents a snapshot of the demographics and programming needs of provincially incarcerated adult offenders in Nova Scotia; (3) speaks to the need for accredited substance abuse programming for provincially incarcerated offenders; and (4) asserts that ‘warehousing’ inmates may be addressed and potentially ameliorated through a population health approach to addiction policy, programming, and related treatment services. The purpose of this article is to report findings from research conducted with adult offenders incarcerated provincially across Nova Scotia, with a view to exploring links among crime, addiction, and population health. It is found that a large majority of provincial inmates in Nova Scotia are challenged by substance abuse, that crime in Nova Scotia, as elsewhere, is largely correlated to addiction, and that adult offenders appear to be motivated to participate in substance abuse programming while in custody. Prospects for future research are also considered.
CAN MEDIATION BE THERAPEUTIC FOR CRIME VICTIMS? AN EVALUATION OF VICTIMS’ EXPERIENCES IN MEDIATION WITH YOUNG OFFENDERS
Jo-Anne Wemmers and Katie Cyr
International Centre for Comparative Criminology
École de criminologie
Université de Montréal
Victims’ experiences in the justice system may help or hinder their healing process. Restorative justice aims to heal the suffering caused by victimization (Zehr 2002). However, some victim advocates have expressed concern that restorative justice may augment victims’ suffering. This article presents the results of an evaluation of the experiences of crime victims who were invited to participate in a mediation program. Using therapeutic jurisprudence as a framework, the study looks at how victims’ fear was affected by the program and whether their participation in the program helped with their recovery.
L’EFFET DES INTERVENTIONS LÉGALES SUR LES ACCIDENTS MORTELS ET ASSOCIÉS À LA CONDUITE AVEC FACULTÉS AFFAIBLIES AU QUÉBEC ENTRE 1980 ET 2001
Étienne Blais et Marc Ouimet
École de criminologie
Université de Montréal
Driving while impaired by alcohol (DWI) is an important factor in fatal road accidents. Consequently, many countries have enacted laws to deter this behaviour. Although studies have concluded that such laws can improve road safety, criminologists do not unanimously support these findings. Many believe that these studies do not operationally authenticate the concepts linked to the theory of deterrence and, therefore, cannot accurately identify those mechanisms responsible for the success or failure of the laws. The present study takes these criticisms into account. The research is based on an assessment model that integrates the variety of legal actions possible according to the basic concepts of the theory of deterrence. Our results show that the increase in the likelihood of being incarcerated, combined with a continued intense policy of police arrests and media campaigns following the introduction of Bill C-18, yielded significant reductions in fatal accident rates associated with DWI in Quebec between 1980 and 2001. For this period, we estimate that approximately 2,000 fatal accidents were prevented as a result of the increased likelihood of incarceration.
INFLAMMATORY RHETORIC? BASELESS ACCUSATIONS? A RESPONSE TO GABOR’S CRITIQUE OF RACIAL PROFILING RESEARCH IN CANADA
Scot Wortley and Julian Tanner
Centre of Criminology
University of Toronto
Racial profiling has become one of the most controversial issues facing the Canadian criminal justice system. In a recent article, Thomas Gabor dismisses much of the evidence of racial profiling in Canada as baseless and inflammatory. We address Gabor's critique by highlighting findings from a Toronto survey which suggest that black youth are much more likely to report being stopped and searched by the police than youth from other racial backgrounds. Logistic regression analysis reveals that the impact of race remains strongly significant after controlling for social class, self-reported criminal activity, gang membership, drug and alcohol use, and public leisure activities. The article concludes with a discussion of the impact that racial profiling has on minority communities and a brief review of the potential benefits and consequences of mandating the police to collect their own stop and search data.
