---

 
L'EMPRISONNEMENT AVEC SURSIS AU QUÉBEC : IMPACT DE L'ARRÊT PROULX
 
Sandra Lehalle
Département de criminologie, Université d'Ottawa
 
Pierre Landreville
École de criminologie, Université de Montréal
 
Mathieu Charest
Division de recherche et planification du Service de police de Montréal
 
Conditional sentencing, introduced in Canada in 1996 to reduce the practice of incarceration for sentences of less than two years, allows a convicted offender to serve his or her prison sentence in the community. This article presents the descriptive and analytical findings from unpublished, empirical research on conditional sentencing in the province of Quebec. We elaborate on the changes to probation with respect to the Proulx judgment, pronounced in 2000 by the Supreme Court of Canada, and to the management framework for this measure, implemented throughout Quebec in 2001. An analysis of the findings leads to considerable data on the evolution of conditional sentencing with respect to the clientele, the sentences and, most of all, the court-imposed conditions for conditional sentences, particularly house arrest and curfew. The breach of conditions and re-offending by convicted offenders, and the management of these relapses, complete this portrait of the use, the successes, and the failures of conditional sentencing in Quebec. These results enable us to highlight the fact that the Proulx judgment has had an important impact, in Quebec, on the judicial and administrative practices involved in conditional sentencing.
 

---

 
SURSIS, RÉCIDIVE ET RÉINSERTION SOCIALE : UN ÉQUILIBRE PRÉCAIRE
 
Isabelle F.-Dufour
Doctorante, École de Service social, Université Laval
 
Renée Brassard
École de Service social, Université Laval
 
Jean-Pierre Guay
École de criminologie, Université de Montréal
 
The conditional sentence has been called a "hybrid" sentence because it aims at punitive and rehabilitative objectives simultaneously. In this study, we contrast the effects of punitive and rehabilitative conditions on breaches, revocations, recidivism, and social re-entry. The study is based on secondary data analysis. Files of male offenders who were given a one-year conditional sentence in the province of Quebec between 1 April 2003 and 31 March 2004 were analysed (N = 290). Findings indicate that punitive conditions have no impact on rates of recidivism and social re-entry but increase the likelihood that breaches will be detected. Repeated violations, in turn, increase the odds of revocation. At the same time, rehabilitative conditions were found to lower the risk of breaches, facilitate social re-entry, and, as a result, reduce recidivism. Rehabilitation and social re-entry, then, should continue to be the main goal of conditional sentences.
 

---

 
LE VOILE DE L'IGNORANCE DANS LA DÉTERMINATION DES SENTENCES
 
Chloé Leclerc et Pierre Tremblay
École de criminologie, Université de Montréal

While the majority of inmates serve only part of their sentence in prison, the appeal courts recommend that criminal trial courts not take this fact into account. This article examines the reasons why members of the judicial system choose or do not choose to impose sentences from behind a veil of ignorance with respect to, parole practices and considers the impact of that choice on the severity of the prison sentences at issue. The results of this survey of a sample of members of the judiciary (judges, defence and crown attorneys, and probation officers) indicate that the veil of ignorance doctrine contributes to reducing differences in points of view as to what sentence is appropriate. A second factor that contributes to resolving disagreements during sentencing deliberations is that those who participate are often ready to accommodate different sentencing preferences if the differences from their own sentencing choice are within a coefficient of variation of 50%. The survey calls into question the theory of the Archambault Commission (1997), according to which the veil of ignorance doctrine would be an a priori disadvantage to delinquents condemned to serve a prison sentence.
 

---

 
INMATE PERSPECTIVES ON THE REMAND CRISIS IN CANADA
 
Michael Weinrath
Department of Criminal Justice, University of Winnipeg
 
In Canada, the number of pre-trial detention cases in provincial/territorial custody has soared dramatically. The traditional proportion of sentenced to remand in the inmate population, 75% sentenced to 25% remand, has now become a 50/50 split, and this trend has been accelerating. This paper explores possible reasons for this dramatic shift, focusing particularly on the two-for-one time served credit available to offenders upon conviction. Using content analysis of open-ended survey responses, we provide a "convict" perspective both on explanations for the rise in remand rates and on potential solutions to the problem. The formal position of justice officials on use of the two-for-one policy is compared and contrasted with inmate perceptions. Study findings indicate some consistency between official and inmate explanations, but also show considerable divergence, particularly in whether or not the accused or the prosecution seek to delay the trial process. We conclude with suggestions for policy development and future research.
 

---

 
SECURITY OFFICERS' PERSPECTIVES ON TRAINING
 
John Manzo
Department of Sociology, University of Calgary
 
At a time in which private security is becoming more and more ubiquitous, questions as to the adequacy of security officers' training for their positions become more relevant as well. However, calls for increased or improved training are rooted in abstract concerns with legality, governance, and accountability, and not in actual analysis of how useful extant training regimens are for actual security officers. Utilizing a grounded, ethnomethodological analytic perspective, this paper explores recollections of training in open¬ended interviews with 29 shopping-mall-based security officers and then considers whether and how officers found their training useful in emergency (or otherwise unexpected) situations. Despite patchwork standards for training, this study finds that the security officers interviewed manage emergencies by marshalling not only their formal training but also resources from security experience outside their current positions and even outside the realm of private security entirely. This study does consider efforts to improve security training; however, with its focus on officers' own descriptions and understandings of their work, it also suggests that security officers are more adaptable than might be expected. Based on these findings, suggestions for security practice and research are offered in the conclusion.
 

---

 
STUDENT ATTITUDES TOWARD WRONGFUL CONVICTION
 
Rosemary Ricciardelli
McMaster University
 
James G. Bell
University of Ontario Institute of Technology
 
Kimberley A. Clow
University of Ontario Institute of Technology
 
Although there is considerable research addressing the factors that underlie wrongful conviction, relatively little research investigates attitudes toward wrongful conviction. To contribute to this understudied area, we surveyed first- and third-year Canadian undergraduates in criminal justice and non-criminal-justice majors to determine their attitudes toward differing facets of wrongful conviction. In particular, attitudes toward the frequency of wrongful conviction, the Blackstone ratio, the need to educate criminal justice personnel about factors that contribute to wrongful conviction, and the question of whether wrongful conviction causes individuals to lose faith in the criminal justice system were assessed. In general, participants – especially senior criminal justice students – reported attitudes that were sensitive to issues related to wrongful conviction. The implications of these findings for criminal justice personnel and the literature on wrongful conviction are discussed.
 
 

Journal's Home Page | Contents