NCJ Number
54808
Date Published
1976
Length
94 pages
Annotation
EXISTING CANADIAN LEGISLATION GOVERNING THE HANDLING OF DANGEROUS OFFENDERS IS CRITIQUED, AND ALTERNATIVE MODELS ARE CONSIDERED.
Abstract
THE EXISTING LAW IN CANADA PROVIDES FOR INDETERMINATE SENTENCING OF OFFENDERS LABELED 'HABITUAL CRIMINAL' AND 'DANGEROUS SEXUAL OFFENDER.' THE LAW, HOWEVER IS APPLIED INCONSISTENTLY, AND ITS DIFFERENTIAL APPLICATION MAKES A DEFENDANT VULNERABLE TO MANIPULATIVE PLEA BARGAINING. THE LAW DOES NOT APPEAR TO REACH THE TYPES OF OFFENDERS FOR WHOM SPECIAL SANCTIONS MIGHT BE APPROPRIATE. THE OUIMET COMMITTEE, IN ITS PROPOSALS FOR REFORM OF THE EXISTING LAW, SPECIFIES THAT PRECISE SCIENTIFIC PROCEDURES SHOULD BE EMPLOYED FOR DETERMINING IF AN OFFENDER IS DANGEROUS, AND SHOULD HE BE DETERMINED SO, PROVEN TREATMENT METHODS SHOULD BE USED TO ALLOW HIS EVENTUAL RELEASE INTO THE COMMUNITY. ISSUES ARISING FROM THESE GENERAL PROPOSALS INCLUDE THE EXISTENCE OF RELIABLE SCREENING AND TREATMENT PROCEDURES AND THE ETHICAL CONCERNS SURRUNDING INVOLUNTARY TREATMENT. IN DISCUSSING PROCEDURES FOR APPLYING EXISTING AND PROPOSED LEGISLATION, THE OVER PREDICTION TENDENCIES OF INSTITUTIONS TO LABEL OFFENDERS DANGEROUS ARE NOTED, AND IT IS SUGGESTED THAT LEGISLATION PUT THE BURDEN OF 'CLEAR AND CONVINCING' EVIDENCE OF DANGEROUSNESS ON THE INSTITUTION DECIDING WHETHER TO RETAIN AN INMATE BEYOND A SPECIFIED TERM. THE IMPOSITION OF PREVENTIVE DETENTION AT THE CONCLUSION OF A SPECIFIED TERM HAS MUCH TO RECOMMEND IT, PROVIDED ADEQUATE PROCEDURAL GUARANTEES EXIST. PRECISE STEPS FOR DETERMINING DANGEROUSNESS ARE SUGGESTED. REFERENCES ARE PROVIDED. (RCB)