HABITUAL OFFENDER LEGISLATION AND THE BARGAINING PROCESS (FROM LAW AND SOCIAL CONTROL IN CANADA, 1978, BY WILLIAM K GREENWAY AND STEPHEN L BRICKEY - SEE NCJ-63130)

• NCJ Number: 63131
• Author(s): J F KLEIN
• Date Published: 1978
• Length: 18 pages
• Corporate Author: Prentice-Hall Canada, Inc
• Publication Format: Document
• Language: English
• Country: Canada
• Note: ORIGINALLY PUBLISHED IN CRIMINAL LAW QUARTERLY, V 15

Annotation

THIS ESSAY ANALYZES THE FUNCTIONS OF HABITUAL OFFENDER LEGISLATION IN CANADA AND SUGGESTS THAT WHILE THE LAW APPEARS TO BE INEFFECTIVE IN LEGISLATIVE INTENT, IT CAN FURTHER BUREAUCRATIC EFFICIENCY.

Abstract

WHILE THE INTENT OF THE HABITUAL OFFENDER LEGISLATION APPEARS TO BE PROTECTING THE PUBLIC FROM THE DANGEROUS CRIMINAL, IT HAS FAILED TO ACHIEVE THAT END. FEW OF THOSE DETAINED AS HABITUAL OFFENDERS REPRESENT A SERIOUS THREAT TO PERSONAL SAFETY. HOWEVER, THE LEGISLATION MAY SERVE ANOTHER PURPOSE. THREAT OF A SENTENCE OF PREVENTIVE DETENTION CAN BE A POWERFUL DETERRENT WHEN DISCRETIONARY POWER IS AVAILABLE TO LAW ENFORCEMENT OFFICIALS REGARDING INITIATION OF HABITUAL OFFENDER PROCEEDINGS. ALSO, SUCH A THREAT EMPLOYED BY PROSECUTION AND POLICE CAN INDUCE PERSISTENT OFFENDERS TO ACT AS INFORMANTS, TO PLEAD GUILTY TO LESSER SUBSTANTIVE OFFENCES, AND TO AVOID CERTAIN JURISDICTIONS IN THE FUTURE. THE FACT THAT NARCOTICS AND BURGLARY OFFENSES ARE TWO AREAS IN WHICH THE POLICE NEED INFORMATION FROM INFORMANTS, AND THAT A HIGH PROPORTION OF THOSE WHO HAVE BEEN SENTENCED TO PREVENTIVE DETENTION HAVE RECORDS OF INVOLVEMENT IN NARCOTICS AND BURGLARIES, TENDS TO SUPPORT THIS THEORY. FOOTNOTES ARE INCLUDED. (MJW)