Post-Sentencing Supervision: Punishment or Protection?

• In Event: Improving Outcomes in Correctional Populations II

Abstract

The post-sentencing supervision of offenders is often put forth by the criminal justice system (CJS) as a means to improve public safety and facilitate positive behaviour by offenders. In official parlance, the application of supervision and registration orders to offenders who have completed their sentences is not meant to be punitive but to secure the good conduct of an individual, thereby promoting the safety of the public. As such, the implementation of post-sentencing measures does not easily fall within a sanctioning system. Using the example of Section 810 Peace Bonds under s.810.1 and 810.2 CC in the Canadian context, and sex offender registration and surveillance in the United States, we suggest that, despite the assertion by the CJS of the non-punitive nature of these post-sentencing measures, the application of such measures may be as punitive in nature as they are preventative. We consider the merits and challenges associated with the punitive and preventative arguments from both a theoretical and practical lens.

Authors

• Tamara Nerlien, University of Calgary

• Erin Elan Gibbs Van Brunschot, University of Calgary