Zeal to punish eliminates a useful tool

from Emile Therien's op-ed in the Toronto Star:

....The “conditional sentence of imprisonment” (CSI) was introduced in Canada in 1996 as an alternate form of incarceration subject to specific criteria. It is not, as some assume, the same as probation.

When sentenced to less than two years, an offender deemed not to pose a danger to society is allowed to remain in the community, but with more stringent conditions than offenders on parole. The offender must abide by a number of typically punitive conditions, such as a strict curfew. If a condition is broken without a lawful excuse, the offender may serve out the rest of the sentence in prison.

Unfortunately, conditional sentences for the type of offence Tobin committed — impaired driving causing death — were eliminated in the last session of Parliament, thus ending Canada’s tradition of granting discretion and independence to the judiciary.

The accident last Christmas Eve that killed his friend Alex Zolpis can only be described as “tragic and senseless.” But giving Jack Tobin a prison sentence may well also prove to be “tragic and senseless,” as there is mounting evidence that jail time does not reduce the chances of re-offending.

Aug 30, 2011 Country:Canada, Politics, Case:Homicide, Region: North America and Caribbean

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Victims' advocate says more energy should be invested in restitution programs

from Michael McKiernan's article on Legal Feeds:

Justice systems in the North should invest more energy in developing restitution processes that work, according to a leading Canadian victims’ advocate. 

Irvin Waller, a professor at the University of Ottawa and the president of the International Organization for Victim Assistance, was a speaker at Justice for All: A Comparison of the Crime Victims’ Rights in the U.S. and Canada, put on by the American Bar Association’s Criminal Justice section this morning.

“We know from the social science evidence that well-organized restorative justice, which includes restitution payments, not only increases victim satisfaction compared to the normal process, but secondly actually reduces recidivism,” Waller said. “There is a real opening here. It’s win-win all around for justice at times of austerity.”

Aug 29, 2011 Region: North America and Caribbean, Policy, Victim, Country:Canada, Politics, Restitution

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Law is more than a profession, it's a calling: "Making a difference" through restorative justice

from the article by Michael C. Deering:

Before entering law school, a soon-to-be attorney dreams of “making a difference.” He dreams of representing clients as he advocates for truth and justice, as he lends his voice to those who cannot speak, as he defends the innocent and the young, and sets the wrong to right. 

Then, reality sets in. Dreams of justice and zealous representation give way to stress and the everyday rigors of law school. Reading, briefing, and writing overwhelm the student. After three years of arduous work, the student graduates. Facing bar preparation, job searching in an economy that causes seasoned attorneys to shudder, and a mountain of educational debt, the graduate accepts work wherever he can find it. 

Aug 11, 2011 Juvenile, Government, Practice, Legislation, Design, Region: North America and Caribbean, Policy, Values, Country:USA

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Partnering with police to do restorative justice

from the article in PeaceBuilder:

....“Chief Wetherbee called me throughout the week at SPI,” Larson Sawin recalls with a smile. “I suspected he’d be wary of the ritual components of SPI, but the coursework caught his imagination. He said the days went so quickly, five o’clock would roll around and he felt like the day had just started.”

At first, some of his SPI classmates were skeptical that police – often considered a fundamentally coercive force – could play a positive role in RJ processes. If only they had known the full scope of what was happening in Massachusetts.

Aug 09, 2011 Police, Case:Hate Crime, Policy, Region: North America and Caribbean, Conceptual, Country:USA

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2nd Chance Staffing

from the organization's website:

To ex-offenders: We employ motivated men and women that have made concrete changes in their lives. A change to us means having become a law-abiding member of the community who understands there is no replacement for hard work and dedication. If you fit this bill, we are looking for you. We care about your skills, your mindset, and your future -- not your past.

To businesses: At 2nd Chance, we provide top-quality employees for companies of all sizes. Because we have consistently provided loyal, hardworking employees for Fortune 500 companies across the country, we have seen first-hand how well our business model works. Whether you are searching for long-term employees or temp-to-hire positions, 2nd Chance can help!

Aug 05, 2011 Region: North America and Caribbean, Country:USA, Community, Offender

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NPR: Victims confront offenders, face to face

from Laura Sullivan's interview with Sujatha Baliga on Talk of the Nation:

BALIGA: Yes. And I said there's no chance. You know, this is not a case for restorative justice. The system is not amenable, particularly in your state. And I can't tell too many details, because we're still finishing things up with that case right now. It's not quite a done deal yet. But we're close.

And the mother of this young man was so persistent and told me that she had actually been meeting with the girl's parents. She and her husband were meeting with the girl's parents, and that the girl's parents actually were the one interested in restorative justice. And she said, Can I give them your information? I said I'd be happy to talk to them and tell you the same thing I'm telling you, which is that this is not happening.

(SOUNDBITE OF LAUGHTER)

Aug 01, 2011 Practice, Victim, Mediation, Other, Region: North America and Caribbean, Case:Homicide, Country:USA

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