JustResearch no. 10

6. Current & Upcoming Research

6. Current & Upcoming Research

6.1 From the Research and Statistics Division

Victim Participation in the Plea Negotiation Process in Canada: A Review of the Literature and Four Models for Law Reform

Contact: Anna Paletta, Principal Researcher

Dr. Simon Verdun-Jones, Professor of Criminology at Simon Fraser University addresses the negative consequences of omitting victim participation from the plea negotiation process. Verdun-Jones compares the Canadian experience to the United States model where each state, with support from the federal courts, has developed a system for the judicial regulation of plea negotiations resulting in increased victim participation. The report examines the current legislative and judicial responses to plea negotiation, discusses the merits of allowing victims increased participation in the criminal justice system, and identifies four potential models, based on the United States model, for the participation of victims in the plea negotiation process. This report was conducted for the Policy Centre for Victims Issues, in conjunction with the Research and Statistics Division, and is expected to be available in published format this Fall.

Spousal Assault

Contact: Nathalie Quann, A/Senior Statistician

The Department of Justice Canada has initiated a contract with the British Columbia Institute for Family Violence and Dr. P. Randall Kropp, to undertake the creation of a tool called "Brief Spousal Assault Form for the Evaluation of Risk" (B-Safer) for criminal justice personnel to use in determining risk in cases of spousal violence. B-Safer is a shorter version of the Spousal Assault Risk Assessment, also known as "SARA", that has been created by Dr. Kropp, Stephen D. Hart, Christopher D. Webster and Derek Eaves of the BC Institute for Family Violence. B-Safer is currently being tested by police officers at three sites (Vancouver, Charlottetown and Summerside). Testing is also expected to begin in Calgary and a francophone/bilingual site by September 2003.

Youth Court Dispositions and Recidivism

Contact: Jeff Latimer, Senior Research Officer

The purpose of this study is to examine the association between disposition type and recidivism amongst young offenders. Analyses will be based on data from the Youth Court Survey (YCS), which is administered by the Canadian Centre for Justice Statistics. The YCS compiles case-based data from provincial and territorial youth courts pertaining to all criminal prosecutions of accused persons between the ages of 12-17. The study sample will consist of all youths convicted of a criminal offence in the fiscal year of 1999-2000. The association between disposition type and recidivism will be examined after controlling for several risk factors, including age, index offence, and criminal history. A final report is expected by Winter 2004.

Treating Youth in Conflict with the Law: A New Meta-Analysis

Contact: Jeff Latimer, Senior Research Officer

There is a substantial, and still growing, body of literature that has examined the effectiveness of treatment in reducing the delinquency of youth. The results of this literature, however, are rather conflicting when examined individually. Numerous studies demonstrate that treatment programs have significantly improved the recidivism rates of youth while others provide contradictory results. In an attempt to develop a more definitive understanding, previous researchers have utilized meta-analytic techniques as a method of aggregating the results of the numerous studies. While previous meta-analyses provide an important contribution to our understanding of treatment effectiveness, they are based upon a large body of literature that dates back to the 1960s and 1970s where youth delinquency included what has traditionally been labelled status offences (e.g., truancy, promiscuity). In addition, a large proportion of the literature examined youth who were considered "at-risk" to engage in delinquent behaviour.

In Canada, the Young Offenders Act (YOA) decriminalized these behaviours in 1984 and focused the youth criminal justice system on Criminal Code offences. As such, it is important to disentangle the potential effects of status offenders and at-risk youth from the results to determine what program characteristics are effective with youth who are already engaged in criminal behaviour. Furthermore, existing meta-analyses have defined "youth" quite liberally and included programs that primarily targeted young adults (over 17 years of age). In Canada, the youth criminal justice system only deals with youth 12 to 17 years of age and as such, it is useful to examine the effectiveness of treatment with this age group in isolation from older youth.

The present meta-analysis addressed the limitations of previous research by including studies that primarily examined youth who had committed what would constitute a Criminal Code offence under current standards. As well, only programs that primarily treated participants younger than 18 years of age were included. In order to broaden the analysis, we expanded the definition of a successful program beyond recidivism to include measures such as family functioning, school performance, and psychological well being. The results of this meta-analysis provide direction based upon the accumulation of knowledge from almost 200 studies dealing directly with youth engaged in criminal behaviour and identify 15 specific characteristics of successful treatment programs for young offenders.

Youth Transferred to Adult Court

Contact: Jeff Latimer, Senior Research Officer

While Section 16 of the Young Offenders Act allowed for youth 14 and older to be transferred to adult court, Section 61 of the Youth Criminal Justice Act now allows youth court judges to impose adult sentences on young offenders without transferring the case to Adult Court. Currently the only Canadian information available about this population of transferred youth is the number of youth transferred to adult court as collected through the Youth Court Survey administered by Statistics Canada. Absent from any Canadian research are profiles of transferred youth cases, and what happens to these youth subsequent to their transfer.

The Department of Justice is currently working with the provinces/territories jurisdictions to develop a descriptive profile of successful transfer applications by the Crown over a five-year period (1996/97 to 2001/02). The report would provide general information on the types of cases, the sentences and outcomes. A report is expected by Winter 2004.

Patterns of Crime in Canadian Cities: A Multivariate Statistical Analysis

The Uniform Crime Reporting Survey (UCR1) is a survey of crime covering all types of crime from all police departments across Canada. While such comprehensive data provide an accurate count of all crimes known to the police, the large number of crime types (over 100 types) also makes it difficult to summarize the crime patterns of geographical units such as cities. Because of such difficulty, most reports on crime use only a few summary measures such as the overall crime rate, the violent crime rate, and the property crime rate. Rates for individual types of crime are almost always neglected, perhaps with the exception of homicide.

This study uses the multivariate statistical techniques of factor analysis to summarize large amount of data on crime into generalized patterns of crime. The results show that the statistical analysis was successful in representing the crime patterns of 600 individual cities across Canada by four crime indices for each city. Furthermore, the indices also provide information on each city relative to all other cities. Such information could be used to pinpoint crime problems and would be helpful in assisting local criminal justice agencies to develop crime control and prevention strategies targeting specific types of crime.

In addition, cities are grouped by another statistical technique of discriminant analysis to examine whether crime patterns differ between geographical regions and between city size classes. Some results confirm popular perceptions. For example, moral offences increase with city size and are most serious in large cities. However, the analysis also reveals some surprising results. For example, violent crimes are more serious in the Atlantic and Prairie provinces than in other regions; violent crimes are also more serious in small towns than in larger cities.

This study uses data for 1999. However, the methodology can be applied to more recent data and also to other kinds of data where the interrelationship between variables is not easily recognized.

Copies of the published report are available upon request. An electronic copy of the report is available at the following website. /eng/pi/rs/rep-rap/2003/op03_1-po03_1/toc.html

Socio-Demographic Domains of Crime in Canada's Largest Cities

Contact: Dr. Fernando Mata, Senior Research Officer

Using data from the 2001 population census and the uniform crime reporting survey compiled by the Canadian Centre for Justice Statistics, empirical associations between selected socio-demographic characteristics of cities and crime rates were examined across the 24 major census metropolitan areas (CMAs) of the country in 2001. Selected population indica-tors tapped the presence of socio-demographic social groups as residents in these areas. Crime indicators included violent and property crime rates as well as rates of youth charged with Criminal Code offences.

Statistical analysis of the correlations between population and crime indicators revealed that four global population characteristics were associated with crime rates: a) the younger age of the workforce, b) the ethnic diversity of the population and the presence of both c) economic and d) socially vulnerable groups such as women, Aboriginals and lone parents. These characteristics explained about 70% of the total variation in the data. Cities with larger numbers of young workers, lone parents, Aboriginals and women as residents ranked at top levels in terms of crime. Winnipeg, Regina, Saskatoon and Thunder Bay were identified as cities where the population mix was the most favorable for the development of several forms of violent and property crimes in the future.

This research was undertaken in support of the National Crime Prevention Center's in developing community profiles for different geographical areas of the country. It is expected that the analysis will provide background information which may prove helpful in assisting crime prevention programs, particularly in cities where the population mix creates potentials for crime.

Self-Reported Delinquency in Canada: Analysis of the National Longitudinal Survey of Children and Youth

Contact: Jeff Latimer, Senior Research Officer

The National Longitudinal Survey of Children and Youth (NLSCY) provided a useful data source for the examination of self-reported delinquency in Canadian youth. The NLSCY is a joint project between Statistics Canada and Human Resources Development Canada. The goal of the survey is to monitor the development and well being of Canada's children as they grow from infancy to adulthood. Initiated in 1994, the NLSCY was designed to follow a representative sample of Canadian children (newborns to 11 year olds) into adulthood. New interview and questionnaire data are collected every two years. The data used in this study were drawn from 1998 - the most recent cycle for which the self-report data were available (Cycle III). During Cycle III, individuals between 12 and 15 years of age filled out self-administered questionnaires designed to examine a number of different aspects of their lives (e.g., friends, family, school, feelings and behaviours, delinquent behaviour, health, and work). Data on each child, including items such as his or her family's economic, labour force and health status, birth information, behaviour, social relationships, school performance, and learning environment were collected from the person most knowledgeable (PMK) about the child, the PMK's spouse (if applicable), and the child's principal and teachers through questionnaires and interviews. Multiple regression analysis was selected to identify the significant correlates of self-reported delinquency, which was defined as violations of the Criminal Code and did not include non-criminal misbehaviour such as truancy or tobacco/alcohol use. Additional regression analyses were conducted separately to determine if the regression models would be significantly affected by gender, Aboriginal status, and/or the type of delinquent behaviour (i.e., violent, sexual, property, drug). A final report will be available from the Research and Statistics Division in Fall 2003.

6.2 RESEARCH FROM AROUND GOVERNMENT

An Examination of the Use of Pre-sentence Reports in Canada

By James Bonta and Guy Bourgon, Corrections Research, Solicitor General Canada

"…empirical research on the value and impact of PSRs on sentencing and corrections is sparse internationally and almost non-existent in Canada."

"What are the reasons for requesting a PSR?"

"What are the resource demands in preparing a PSR?"

"Is the content of the PSR helpful for sentencing and case management planning?"

"How does the PSR influence sentencing?"

The Pre-sentence Report (PSR) is described in section 721 of the Criminal Code of Canada. After an admission or finding of guilt and at the request of the court, the PO is directed to prepare a report in order "to assist the court in imposing a sentence". The content of the report is outlined in a general manner in the Criminal Code (e.g., "age, maturity, character") and the provinces are permitted to specify in more detail the form and content of the report. However, empirical research on the value and impact of PSRs on sentencing and corrections is sparse internationally and almost non-existent in Canada. Clearly, a better understanding of the value of PSRs in the criminal justice system is needed.

In December of 2002, the Department of the Solicitor General of Canada, with the assistance of the Sentencing Reform Team of Justice Canada, initiated a research program that intended to shed more light on the function and value of PSRs. The overall purpose of the PSR project is to provide a description and baseline of practice associated with the preparation and use of the PSR. The documentation of PSR practices and examination of how it may benefit sentencing and community case management is expected to lead to improvements in the use of the PSR.

More specifically, the following questions are asked by the research:

  1. What are the reasons for requesting a PSR?
  2. What are the resource demands in preparing a PSR?
  3. Is the content of the PSR helpful for sentencing and case management planning?
  4. How does the PSR influence sentencing?

To answer the first question, the study begins by interviewing judges and asking them why the PSR is important to them and what types of information they are seeking about a case. Although the request for a PSR originates with the judge, it is possible that the Crown or the defense may ask the judge to order a PSR. Thus, the study will interview other court officials (defense, Crown) about their motivation in asking the judge for a PSR. For each judge, a sample of 10 cases where a PSR is requested will be compared to a random sample of 10 cases where a PSR was not requested. By examining the differences between PSR and non-PSR cases the study will be able to empirically identify some of the factors important in determining a request for a PSR. With respect to the second question concerning resource demands, information will be collected on the process of conducting a PSR assessment, the resources required, and the specific content of the reports. An audit of the time and resources required to complete a PSR will provide estimates of the costs associated with PSRs that can be weighed against the benefits identified from the project.

Next, in order to answer the third question posed, the PSR will be reviewed and evaluated as to the value of the content. This requires an analysis of the PSR based on two general criteria. First, how well does it answer the concerns of the judge? In consideration of the Supreme Court decisions related to R. v. Gladue and R. v. Proulx, this study will direct added attention and analysis to the use of PSRs for Aboriginal offenders and for cases resulting in a conditional sentence. Second, the PSR can be evaluated as to how well the report addresses offender criminogenic needs and formulates appropriate treatment and case management recommendations. For the court, this aspect of the PSR can be very important in considering a community disposition. Related to the question of usefulness, the main consumers of the PSR (judges, Crowns, defense counsels and probation officers) will also be asked to comment on the relevance of the PSR to their work.

The Criminal Code states that the purpose of a PSR is to assist "the court in imposing a sentence". This purpose assumes that the introduction of a PSR somehow alters a sentencing outcome. Whether or not it does and how it impacts on sentencing is an empirical question. The research will examine if the court follows the recommendations from a PSR. We expect some congruence and the research will attempt to identify the conditions under which there is agreement and disagreement between the recommendations and the disposition of the case.

Researchers from the Department of the Solicitor General of Canada have been working with court and correctional officials in engaging participants in the research. Researchers are hoping to identify one site per provincial/territorial jurisdiction for the project. Data collection for this project has already begun in Ottawa, Victoria and Regina, Edmonton, Whitehorse, Winnipeg, Iqaluit, Saint John, and St. John's. We hope to enlist the support of the remaining jurisdictions by the summer of 2003 and complete data collection by March 31, 2004.

Canadian Centre for Justice Statistics

JUSTICE SPENDING IN CANADA (JURISTAT, CATALOGUE NO. 85-002-XIE, VOL. 22, NO. 11)
ADULT CRIMINAL COURT STATISTICS, 2001/02 (JURISTAT, CATALOGUE NO. 85-002-XIE, VOL. 23, NO. 2)