This dissertation arose out of my long term involvement with the Elizabeth Fry Society of Saskatchewan, first as a volunteer and then as a Board member. As a volunteer I began to notice a chronic overrepresentation of Aboriginal women in Canadas federal justice system both historically and currently, particularly at the higher security levels. As a Board member I also began to notice that Aboriginal womens voices were not being heard in the context within which they were speaking. Rather, the womens voices were taken out of context, and used to their detriment. Aboriginal women were seen to be the sole architects of their misfortunes. Excluded from any consideration were the colonized social spaces in which they found themselves.<p> Using a critical ethnographical approach, this study aims to understand federally sentenced Aboriginal women=s life experiences from their perspective. In doing so, not only is new knowledge created but also the womens choices are understood in the context within which they were made. Through their life experiences, this study investigates how living in marginalised social spaces circumscribes the choices available to these women and ultimately structures their identities. Their stories reflect the pressures brought to bear on their lives, which are bound up in race, gender and class oppression. We can then begin to understand the implications of life at the margins for not only federally sentenced Aboriginal womens identities but also for how they fare in Canada=s federal justice system.<p> Through the voices of the women, this study demonstrated that the societal framework within which Aboriginal women live in Canada does indeed carry assumptions about gender, race and class, and which set these women in marginalised social spaces. The voices of these women also indicated that these oppressive social spaces extended behind the walls of the prison and worked to their detriment. Their time inside of prison, for the most part, did little to widen their constellation of choices. Indeed, their time inside was shown to have the potential of further entrenching their marginalization which has the potential of following these women in perpetuity. Such a situation has grave consequences, not only for the womens future functioning on the outside, but also for the future functioning of the community-at-large.<p> Their stories, their definitions of risk, their perceptions of public order and incarceration, in their own words (as subjects) then, help us to more fully understand the events and social circumstances that led them to the situations in which they currently find themselves. This has important public policy implications in terms of resource allocation and service delivery for their healing and (re)integration into communities, not back into prisons.

In 2001, when Aboriginal women comprised only 3.5% of Canadian women, 23% of Federally Sentenced Women (FSW) were Aboriginal. In the intervening six year period, the presence of Aboriginal women in Canada’s federal correctional facilities has risen to 31%. With female offenders often being treated as double deviants in mainstream society, Aboriginal female offenders may be regarded as triple deviants. Considerable research suggests that female offenders are marginalized for being criminals and even more so for deviating from the gendered norm of female (i.e., nurturer, caregiver). At the same time, Aboriginal female offenders are further ostracized for their race and for their cultural beliefs and traditions. This study recognized that the experiences of marginalization for Aboriginal federally sentenced women were linked to systemic discrimination and attitudes based on racial and/or cultural prejudice, and that the low socio-economic status and history of substance abuse and violence across generations were rooted in over 500 years of oppression and control through residential schools and other decrees legislated by the Indian Act. The growing awareness of problems related to Canada’s correctional system for female offenders, and the limited support and services for Aboriginal female offenders, led to the publication in 1990 of Creating Choices. The report essentially recommended a new system of incarceration that fostered the empowerment of FSW to make meaningful choices in order that they may live with dignity and respect. Based on the recommendations, federal corrections for women essentially aimed to move from a model of punishment to a model of rehabilitation. According to the experiences of the Aboriginal federally sentenced women in this study, the implementation of these changes in the management of federal corrections for women has allowed many Aboriginal women to experience their cultural traditions, some for the first time. The purpose of this study was to examine the effects of major Aboriginal cultural events, notably ceremony, on the identity development, empowerment, healing and rehabilitation of FSW. Data were gathered over a two-year period of engagement by the researcher with women in Aboriginal ceremonies within Grand Valley Institution, a federal prison for women located in Kitchener, Ontario. Six major themes were identified through the iterative process of data gathering and analysis. The themes, history, conscientizaçao, healing, re-creation, coming home, and travelling the Red Road, represent the women’s processes of healing, identity development and empowerment through engagement in Aboriginal ceremonies and traditions in a federal prison. The women’s experiences with Aboriginal traditions offered personal and collective healing through solidarity, resistance, re-creation and liberation. The women emphasized supportive, accepting, mutually respectful and caring relationships as a vital component in their processes of healing. The centrality of relationships was explored using feminist and Aboriginal theories, and a deepening of understanding came from viewing the findings within the context of a social ecological theory of empowerment. Aboriginal ceremony and traditions were considered leisure in this study, and leisure from an Aboriginal perspective is thus integrated in all aspects of life and represents re-creation, restoration and collective strength. It is in this sense that Aboriginal women found freedom, even within the confines of a federal prison. The emphasis the women placed on the quality of their relationships in terms of healing, empowerment, and re-creation suggests that equitable and caring relationships are particularly important in their growth and development. Women’s engagement with others and portrayals of an ethic of care in cermony invoked inspiration and strength. The resultant relations of community generated a network of resources which enabled the women to create change within the correctional setting. The findings from this study underscore the relevance of a re-evaluation of Canada’s correctional approach and suggest the adoption of a more restorative understanding of justice; that is, a more Aboriginal conceptualization of justice one that encompasses healing, restoring relationships, accountability and community involvement.

In 2001, when Aboriginal women comprised only 3.5% of Canadian women, 23% of Federally Sentenced Women (FSW) were Aboriginal. In the intervening six year period, the presence of Aboriginal women in Canada’s federal correctional facilities has risen to 31%. With female offenders often being treated as double deviants in mainstream society, Aboriginal female offenders may be regarded as triple deviants. Considerable research suggests that female offenders are marginalized for being criminals and even more so for deviating from the gendered norm of female (i.e., nurturer, caregiver). At the same time, Aboriginal female offenders are further ostracized for their race and for their cultural beliefs and traditions. This study recognized that the experiences of marginalization for Aboriginal federally sentenced women were linked to systemic discrimination and attitudes based on racial and/or cultural prejudice, and that the low socio-economic status and history of substance abuse and violence across generations were rooted in over 500 years of oppression and control through residential schools and other decrees legislated by the Indian Act. The growing awareness of problems related to Canada’s correctional system for female offenders, and the limited support and services for Aboriginal female offenders, led to the publication in 1990 of Creating Choices. The report essentially recommended a new system of incarceration that fostered the empowerment of FSW to make meaningful choices in order that they may live with dignity and respect. Based on the recommendations, federal corrections for women essentially aimed to move from a model of punishment to a model of rehabilitation. According to the experiences of the Aboriginal federally sentenced women in this study, the implementation of these changes in the management of federal corrections for women has allowed many Aboriginal women to experience their cultural traditions, some for the first time. The purpose of this study was to examine the effects of major Aboriginal cultural events, notably ceremony, on the identity development, empowerment, healing and rehabilitation of FSW. Data were gathered over a two-year period of engagement by the researcher with women in Aboriginal ceremonies within Grand Valley Institution, a federal prison for women located in Kitchener, Ontario. Six major themes were identified through the iterative process of data gathering and analysis. The themes, history, conscientizaçao, healing, re-creation, coming home, and travelling the Red Road, represent the women’s processes of healing, identity development and empowerment through engagement in Aboriginal ceremonies and traditions in a federal prison. The women’s experiences with Aboriginal traditions offered personal and collective healing through solidarity, resistance, re-creation and liberation. The women emphasized supportive, accepting, mutually respectful and caring relationships as a vital component in their processes of healing. The centrality of relationships was explored using feminist and Aboriginal theories, and a deepening of understanding came from viewing the findings within the context of a social ecological theory of empowerment. Aboriginal ceremony and traditions were considered leisure in this study, and leisure from an Aboriginal perspective is thus integrated in all aspects of life and represents re-creation, restoration and collective strength. It is in this sense that Aboriginal women found freedom, even within the confines of a federal prison. The emphasis the women placed on the quality of their relationships in terms of healing, empowerment, and re-creation suggests that equitable and caring relationships are particularly important in their growth and development. Women’s engagement with others and portrayals of an ethic of care in cermony invoked inspiration and strength. The resultant relations of community generated a network of resources which enabled the women to create change within the correctional setting. The findings from this study underscore the relevance of a re-evaluation of Canada’s correctional approach and suggest the adoption of a more restorative understanding of justice; that is, a more Aboriginal conceptualization of justice one that encompasses healing, restoring relationships, accountability and community involvement.

The purpose of this study is to determine the relationship between a juvenile's serious or violent offenses and the time to recidivism among the determinate-sentenced offenders. Concentrating on this group of juvenile offenders is beneficial because they are considered to be the most serious group of offenders among juveniles. Since these serious offenders will become a part of their community again, it is important to understand or determine if there is a discernable pattern to inform intervention and target rehabilitation practices. Crime severity makes a considerable impact on the commitment and punishment for a juvenile and an important question rests on how offense severity influences recidivism-related outcomes.

Made available in DSpace on 2016-04-26T20:22:19Z (GMT). No. of bitstreams: 1 Fernanda Garcia Escane.pdf: 4077968 bytes, checksum: 05f51fe398a9690e34554fc5ef1e4e0e (MD5) Previous issue date: 2013-11-06 / A presente tese, tomando como base a vertente constitucional, de direitos humanos e, ainda, a efetividade da Lei de Execução Penal, tem por objeto desenvolver um estudo que contempla a demonstração da responsabilidade do Estado na ressocialização do Sentenciado. Para tanto, abordam-se as garantias mínimas dos direitos fundamentais do Sentenciado em face da Constituição Federal, considerando-se a finalidade da pena e a responsabilização do Estado. Diante da difícil tarefa de demonstrar a responsabilidade objetiva do Estado por omissão, em face da falência do sistema prisional, procurou-se descrever a situação penitenciária contemporânea, especialmente do Estado de São Paulo, para o que contribuiu uma coleta de depoimentos de presos. Com a apresentação e análise desses dados, pretendeu-se ampliar a compreensão das necessidades para a transformação da sociedade. This thesis, based on the constitutional aspect of human rights, and also the effectiveness of the Penal Execution Law, is engaged in developing a study that addresses the demonstration of state responsibility in the rehabilitation of the sentenced. Therefore, it deals with the minimum guarantees of fundamental rights of one sentenced in the face of the Federal Constitution, considering the purpose of punishment and governmental liability. Faced with the difficult task of demonstrating the strict liability of the State for failure to act in the face of the collapse of the prison system, we sought to describe the contemporary prison conditions, especially in Sao Paulo, for which a collection of testimonies from prisoners contributed. With the presentation and analysis of these data, we sought to expand the understanding of the requirements for the transformation of society as a whole. The thesis is concluded with the presentation of general considerations about the prospect of studying and working as alternatives able to promote rehabilitation and especially reintegration of the Sentenced back in society / A presente tese, tomando como base a vertente constitucional, de direitos humanos e, ainda, a efetividade da Lei de Execução Penal, tem por objeto desenvolver um estudo que contempla a demonstração da responsabilidade do Estado na ressocialização do Sentenciado. Para tanto, abordam-se as garantias mínimas dos direitos fundamentais do Sentenciado em face da Constituição Federal, considerando-se a finalidade da pena e a responsabilização do Estado. Diante da difícil tarefa de demonstrar a responsabilidade objetiva do Estado por omissão, em face da falência do sistema prisional, procurou-se descrever a situação penitenciária contemporânea, especialmente do Estado de São Paulo, para o que contribuiu uma coleta de depoimentos de presos. Com a apresentação e análise desses dados, pretendeu-se ampliar a compreensão das necessidades para a transformação da sociedade. Concluiu-se com a apresentação de considerações gerais acerca da perspectiva do estudo e do trabalho como alternativas à ressocialização e, especialmente, à reinserção do Sentenciado na sociedade

This thesis uses an exploratory case study design to chronicle the shifts, recognition, and implementation of programs, tools and policies designed for high need federally sentenced women in Canada that were created after 1990, in accordance with or opposed to the gender specific principles outlined in the Creating Choices (1990) report. The body lens is used as an analytic tool to deconstruct eleven of the most pertinent documents regarding policy and strategy for high need women offenders that were implemented by the Correctional Service of Canada (CSC) personnel and the Office of the Correctional Investigator (OCI) over the past twenty years. Coding of a wide range of documents reveals that despite appearing to be rhetorically progressive, CSC’s attempt at creating a women-centered mental health strategy uses contradictory disciplinary techniques that control and restrain the bodies of federally sentenced women in hopes of normalizing the behaviours of high need women. The policies imposed by CSC for high need women offenders fail to make any substantial changes in women’s prison reform and resulted in a different form of regulation and control. High need women offenders are imprisoned in their own bodies.

This thesis uses an exploratory case study design to chronicle the shifts, recognition, and implementation of programs, tools and policies designed for high need federally sentenced women in Canada that were created after 1990, in accordance with or opposed to the gender specific principles outlined in the Creating Choices (1990) report. The body lens is used as an analytic tool to deconstruct eleven of the most pertinent documents regarding policy and strategy for high need women offenders that were implemented by the Correctional Service of Canada (CSC) personnel and the Office of the Correctional Investigator (OCI) over the past twenty years. Coding of a wide range of documents reveals that despite appearing to be rhetorically progressive, CSC’s attempt at creating a women-centered mental health strategy uses contradictory disciplinary techniques that control and restrain the bodies of federally sentenced women in hopes of normalizing the behaviours of high need women. The policies imposed by CSC for high need women offenders fail to make any substantial changes in women’s prison reform and resulted in a different form of regulation and control. High need women offenders are imprisoned in their own bodies.

This thesis uses an exploratory case study design to chronicle the shifts, recognition, and implementation of programs, tools and policies designed for high need federally sentenced women in Canada that were created after 1990, in accordance with or opposed to the gender specific principles outlined in the Creating Choices (1990) report. The body lens is used as an analytic tool to deconstruct eleven of the most pertinent documents regarding policy and strategy for high need women offenders that were implemented by the Correctional Service of Canada (CSC) personnel and the Office of the Correctional Investigator (OCI) over the past twenty years. Coding of a wide range of documents reveals that despite appearing to be rhetorically progressive, CSC’s attempt at creating a women-centered mental health strategy uses contradictory disciplinary techniques that control and restrain the bodies of federally sentenced women in hopes of normalizing the behaviours of high need women. The policies imposed by CSC for high need women offenders fail to make any substantial changes in women’s prison reform and resulted in a different form of regulation and control. High need women offenders are imprisoned in their own bodies.

This diploma thesis provides information about the fact whether there is possible a social rehabilitation for convicted persons sentenced to the lifelong imprisonment. In the theoretical part I deal with an issue of a punishment, what consequences the punishment has and with a prison environment associated with it. The next chapter consists of the treatment programme. With an imposition of the exceptional sentence there is undoubtedly connected also an explanation of the criminal activity, for which this penalty has been imposed. The last part of the theoretical part is focused on the social rehabilitation of convicts and an after-sentence care.The research part presents a quantitative and qualitative research that I carried out through a questionnaire survey and interviews. There are described characteristics of the research population and sample in this part. Further I present results of the data obtained and information about the fact whether the social rehabilitation of the lifelong-sentenced prisoners is real. The data collection took place in the months of March and April 2012 through questionnaires and interviews. The research was conducted in the high-security prison in Valdice. There were chosen the prison department E for the lifelong-sentenced prisoners and this prison staff. In total 20 questionnaires were distributed, the return made up 100%. Four employees of the prison were addressed. There were determined 5 hypotheses and 2 research questions. The first hypothesis presumed that more than 50% of lifelong-sentenced believe that their conviction to the lifelong imprisonment is unfair. The performed research disproved this hypothesis. The second hypothesis stated that working activities helped prisoners to manage their stay in the prison, this hypothesis was confirmed. The third hypothesis stated that more than 50% of life-sentenced considered the treatment programme sufficient for their social rehabilitation. The research confirmed this hypothesis. The fourth hypothesis stated than more than 50% of the prisoners had been changed by their stay in the prison, the hypothesis was confirmed. The fifth hypothesis was that the lifelong-sentenced prisoners did not suffer by any remorses. This hypothesis was disproved in the research. Answers to research questions were carried out in the research section.

This thesis uses an exploratory case study design to chronicle the shifts, recognition, and implementation of programs, tools and policies designed for high need federally sentenced women in Canada that were created after 1990, in accordance with or opposed to the gender specific principles outlined in the Creating Choices (1990) report. The body lens is used as an analytic tool to deconstruct eleven of the most pertinent documents regarding policy and strategy for high need women offenders that were implemented by the Correctional Service of Canada (CSC) personnel and the Office of the Correctional Investigator (OCI) over the past twenty years. Coding of a wide range of documents reveals that despite appearing to be rhetorically progressive, CSC’s attempt at creating a women-centered mental health strategy uses contradictory disciplinary techniques that control and restrain the bodies of federally sentenced women in hopes of normalizing the behaviours of high need women. The policies imposed by CSC for high need women offenders fail to make any substantial changes in women’s prison reform and resulted in a different form of regulation and control. High need women offenders are imprisoned in their own bodies.