Pubdate: Mon, 08 May 2006 Source: Ottawa Citizen (CN ON) Copyright: 2006 The Ottawa Citizen Contact: http://www.canada.com/ottawa/ottawacitizen/ Details: http://www.mapinc.org/media/326 Referenced: http://www.mapinc.org/drugnews/v06/n567/a01.html Author: Emile-J. Therien COURTS NEED CONDITIONAL SENTENCING Re: Tories unveil crime crackdown plan, May 4. Conditional sentencing is an important safety measure. Canada's growing prison population, mounting evidence that jail time does not reduce the chances of re-offending, and other factors have led to an increasing use of conditional sentences. Calls to eliminate conditional sentences for impaired driving causing death or serious injury seem to be driven by a sense of justice based on punishing offenders for the devastation they have caused. The argument is presented that long prison sentences are a more effective deterrent than house arrest. If that is true, offenders who go to jail should be less likely to re-offend when released than those given conditional sentences. Yet the two groups tend to re-offend at about the same rates. There is even evidence that long prison sentences without other remedial programs may actually increase the chances of re-offending after release. When it comes to preventing offenders from continuing to offend after their sentence has been completed, house arrest offers much potential. Conditions can be set, for example, to address problems, limit the people with whom the offender can associate, and ensure the licence suspension is observed. If an offender can be rehabilitated, conditional sentencing makes sense from a safety standpoint. What most people don't realize is that a conditional sentence is punitive. A study by criminologist Julian Roberts found that offenders preferred house arrest but found it no easier than closed custody. Moreover, it may be preferable because it offers the potential to establish an environment for positive behaviour change. What the public thinks is important, but facts should be given higher priority than preconceived biases and opinion polls in setting public policy. Conditional sentences allow the judge to tailor the sentence to fit the crime and the individual. Judges must determine the right balance of punishment and prevention within limits set by the law. Legislators therefore must allow sanctions to address risk factors that led to the offence in the first place, such as alcohol dependency, relationships and attitude. For crimes related to impaired driving, removing sentencing options could compromise public safety. Emile-J. Therien, Ottawa, President, Canada Safety Council - --- MAP posted-by: Beth Wehrman