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