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Issue 32.2

Editor: NANCY WRIGHT

4

EDITORIAL
By Irving Kulik, CCJA Executive Director

6

CCJA AWARDS

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CCJA INTERVIEW WITH JAY MANDARINO


INTERNATIONAL

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THE INCARCERATION CRISIS IN THE UNITED STATES OF AMERICA
By Cindy Whitten-Nagle

20

LA MARQUE DE LA MARA, UNE PREUVE JUDICAIRE ?
By Maria Mourani

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RESTORATIVE JUSTICE IN PRISONS
By Stefan Horodeckyj


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CONGRESS 2017 AGENDA


YOUNG RESEARCHER’S CONTRIBUTION

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REHABILITATION OF CRIMINALS: IS IT WORTH IT?
By Chelsea G. Porter

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RAPE CULTURE ON UNIVERSITY CAMPUSES IN CANADA: THE POWER OF PRIVILEGE
By Shayne Jackson

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OFFENDERS DEEMED NOT CRIMINALLY RESPONSIBLE: FUGITIVES FROM JUSTICE?
By Ethan Pohl


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COMING EVENTS


Editorial

By Irving Kulik, CCJA Executive Director

This issue of the Justice Report ushers in a brand new, more modern and trendy look. It is one of the initiatives we are undertaking as we gear up to celebrate our 100th anniversary in 2019. As members, you will see other changes and initiatives over the next two years. If you are a reader, but not yet a member of the CCJA, we urge to join for the very modest cost of annual membership. Going forward into our next century, we need and value a diverse range of opinions to help us formulate and suggest evidence-based criminal justice policies that are appropriate for Canada’s second century.

Our centennial Congress 2019 will be co-hosted with our colleagues at the Société de criminologie du Québec, with who we also partnered for Congress 2011. More information will be shared with you as it becomes available in the months to come. In the meantime, Congress 2017 is just around the corner and in partnership with our affiliate, the Criminal Justice Association of Ontario and the Ontario Ministry of Children and Youth Services. It will be taking place at the Sheraton Centre Hotel in downtown Toronto from October 25-27. The detailed programme is listed in this issue and, in reviewing the subjects to be presented, I am certain that this is a conference you do not wish to miss. Plan to attend and register now!

It is now common practice for companies to send survey requests to their clients seeking a few minutes of their time to respond to questions and rate dozens of elements. Given the number of surveys we sometimes receive it may become tiresome. Nonetheless, without asking you to fill out another survey, please do send us your own comments about this publication. Do you like the look, the content or other aspects? Are there issues and stories you would like us to cover and pursue? All comments will be appreciated and carefully reviewed. You can send these to ccja-acjp@rogers.com.

Finally, I would like to take this opportunity to kick off a contest for our 100th anniversary logo. If you have a penchant for the creative and artistic, this is your opportunity for greatness and recognition. You should incorporate our official logo, but the rest is up to you!

Irving Kulik


Abstracts

INTERNATIONAL SECTION

THE INCARCERATION CRISIS IN THE UNITED STATES OF AMERICA
By Cindy Whitten-Nagle

Whitten’s evidence-based report on the impact of the war of drugs in the United States of America (US) is a compelling and powerful read. Pointing out that the inception of mandatory minimum sentencing for drug offences has led to an explosion of the prison populations that is unmatched by in any other developed nation, although Russia was found to be comparable in a 2011 study, Whitten also notes that US prisons are operating above capacity and that sentencing inequalities exist. In addition, this aggressively punitive approach to drug control has not been effective in reducing recidivism rates. Questioning the laws and policies put in place over the past twenty years in the name of the war on drugs, Whitten argues that other measures of combating drug crimes are desperately needed in the US.

LA MARQUE DE LA MARA, UNE PREUVE JUDICAIRE ?
By Maria Mourani
mouranicriminologue.com

This article provides a picture of the policies relative to the fight against street gangs and of the ensuing anti-gang laws that have contributed to complicating the situation in Salvador and to stigmatizing already marginalized young people. Following the Civil War, Salvador was faced with crime that gradually became more and more organized, as well as an uncontrollable force that gradually consumed young people seeking a point of reference.

RESTORATIVE JUSTICE IN PRISONS
By Stefan Horodeckyj, B.A., B. Ed, JD

To foster restorative justice in a prison setting, Horodeckyj provides an interesting summary of issues that many RJ experts recommend for the inmate. These issues, inter alia, are as follows: the practice of relaxation techniques; assuming accountability for the crime committed; healing the ‘inner child’; healing from cultural and prison shame; self-forgiveness and forgiving significant others; establishing meaningful connections with others; and, infusing spiritual energy into one’s life. The inmate can practice restorative justice in several ways, i.e., in an individual/informal manner and/or formally in groups, and Circles of Support and Accountability and Surrogate Dialogue programs are the most common group restorative justice initiatives. This article discusses research that illustrates the success of restorative justice initiatives in prisons in many countries including Canada, U.S.A., The United Kingdom, New Zealand, and Australia.

YOUNG RESEARCHERS’ CONTRIBUTION

REHABILITATION OF CRIMINALS: IS IT WORTH IT?
By Chelsea G. Porter
BA Student (Criminal Justice) at Mount Royal University

Recipient of the 2016 Mount Royal University scholarship—the benefits of which include CCJA membership and publication of Ms. Porter’s article in the Justice Report.

This article offers a literature review on three generations of offender risk assessment theory and a detailed discussion of the complex issues surrounding successful offender rehabilitation programming. Porter explores the Canadian Risk-Need-Responsivity (RNR) model of offender rehabilitation within a framework of effective assessment of offender risk level, criminogenic needs, and responsivity, therapist skill level, group size, and appropriate monitoring. Porter emphasizes that feasibility is also a factor, noting that this is attained even when outcomes produce only slight reductions in recidivism even when used in conjunction with incarceration. Illustrating that drug treatment programs as alternatives to prison have also been very successful in terms of cost savings and recidivism and that education in prisons is another means of achieving these goals depending on offender needs. As such, Porter demonstrates that rehabilitation, when appropriately targeted and implemented, is definitely worth it!

RAPE CULTURE ON UNIVERSITY CAMPUSES IN CANADA: THE POWER OF PRIVILEGE
By Shayne Jackson
BA Student, Bishop’s University (Sherbrooke, Quebec)

Society is changing and adapting to the circumstances that arise in Canada. One thing that has not changed, however, is who holds the power. Power follows a cyclical model allowing groups of people to remain at the top of the hierarchy. The privileged retain privilege while those on the margins remain excluded. We have seen these power groups thrive and use their influence to shape society in a way that better suits them. These people at the ‘top’ are termed ‘liberal subjects’ against whom all ‘other’ subjects are measured. The liberal subject is the embodiment of societal norms and ideals in an individual—one that perfectly represents society’s attitudes and beliefs. It is troubling then that a certain crime has crept into this circle of privilege. I am talking about sexual assault on university campuses as an issue that is directly related to the liberal subject and in which these supposed ‘models’ of society are both perpetrators and victims. This issue has been a hot topic in the media over the past couple of years. Perhaps due to the nature of the crime of sexual assault, however, the concern seems to be less about solving this problem for the safety and well-being of students than about how this type of crime casts doubts on the legitimacy of the liberal subject and his place in the ideal society or university. Unfortunately, this has led to the protection of societal ideals rather than addressing the root problems.

OFFENDERS DEEMED NOT CRIMINALLY RESPONSIBLE: FUGITIVES FROM JUSTICE?
By Ethan Pohl
Department of Sociology (2nd Year BA Student), Bishop’s University

Ethan Pohl offers an in-depth exploration of the issue of the not criminally responsible (NCR) defense within a context of sensationalism and selective presentations by the media that frame NCR offenders as fugitives from justice. He posits this as an example of the social construction of justice by the media, which often fails to engage in discussions on mental illness when reporting NCR cases and thus preys on and nourishes a narrow conception of justice by Canadians. Pointing out that the media has gone so far as to explicitly state that a verdict of NCR does not constitute justice, Pohl reports that critics of Bill C-54 (2013), the Not Criminally Responsible Reform Act—which introduced a new designation of high-risk NCR—considered it a response to public outrage over a small number of high-profile NCR cases that did nothing to enhance public safety. Pohl argues that Canadians find it extremely difficult to separate guilt from punishment, even for offenders with long histories of mental illness and that this illustrates the continuing clash and tension between classicalism and positivism within our justice system.

Opinions expressed in this publication do not necessarily reflect the Association’s views, but are included to encourage reflection and action on the criminal justice system throughout Canada.

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