Stiffer Penalties: Presumed Deterrent or Act of Vengeance?
Rural crime, stolen vehicles, high speed chases and break-and-enters all seem to be on the rise and at the forefront of everyone's mind these days. Gone are the days of leaving the house door unlocked in case a neighbor had to drop by to drop something off while you were away. Gone are the days where you could leave the keys in your vehicle parked in the farmyard. Gone are the days that you could leave anything of value in plain sight, unlocked or unsecured. Times have changed, and not for the better.
I feel an obligation to weigh in on this conversation as I have a unique perspective on this issue. My life experience has allowed me the opportunity to see this issue from all sides. As someone that grew up on a farm in rural Alberta with my family, both immediate and extended still living on farms, I understand the lifestyle associated with rural life. I have worked on the farm at many points in my life, even up until last week when I finished combining for the year. I have been a victim of crime, both before and after my convictions. I have been a perpetrator of crime, serving time for multiple possession of stolen vehicle convictions, possession of stolen property, theft, evading police as well as drug convictions and breach of conditions. I have also been a victim of police brutality and a remand system that does little to nothing to get support to those that need it most. My life experience has allowed me the opportunity to see the issues from an unbiased position, understanding the frustration associated with being a victim, as well as the motivations for being a perpetrator. As such, I would like to share my story and explain why stiffer penalties and increased policing will not solve this problem. The only real solution to this problem is an increase in rehabilitation and treatment for those struggling with life within the confines of our society's laws.
Long before my life of crime began, I was the victim of two vehicle thefts, a break and enter and a fraud. I felt violated and outraged that someone would do this to me. How could they? My immediate response was that these individuals had to be held accountable for their actions and should be locked up and throw away the key. It was not until I fell deeper into my addiction did I begin to understand that these acts were nothing more than a means of survival. Struggling with mental health and addiction issues, I had needs that were not being met and committing crimes seemed to be the only viable option to meet my needs. Alienated by society, unable to hold down a job and faced with an ever increasing need to feed my addiction, turning to crime served my purpose and allowed me to make it from one day to the next.
The thing about my addiction was, in my mind my drugs were a basic need and in spite of any negative consequences, this need had to be met. The threat of incarceration, or worse death, had little to no impact on my decision making. As a matter of fact, my addiction had much more dire consequences that incarceration, regardless of the penalties. I came close to death many times in my addiction yet I still continued to be motivated solely by the need to acquire my drug of choice at the time. Overdosing multiple times, multiple life threatening car accidents, beaten, attacked with tire irons, sledge hammers and bats, stabbed and shot at, did not persuade me that my life was out of control and at risk. I continued to do whatever it took to feed my addiction and meet my irrational needs. There was certainly no court penalty stiff enough to convince me that my life had to change. The risk of losing my life was not even penalty enough to change my ways. How could any court assessed penalty be expected to motivate me to change?
I have spent a lot of time analyzing my actions through my addiction and trying to come to terms with what I had done, as my actions in no way reflected who I truly was as a person. As previously mentioned, I grew up on a farm with a loving and supportive family, strong work ethic and a strict moral compass. I was raised Catholic and once again have returned to church and attend weekly. I have a strong faith and try to live my life now based in understanding and compassion. I have a lot to give back for and now understand that those struggling with mental health and addiction issues are nothing more than victims themselves, simply doing what they have to in order to survive a world full of stigma and lack of support. It is this insight that motivates me to passionately advocate for change. Tho advocate for increased support these vulnerable individuals rather than further alienation and abandonment. Compassion and support is the answer to this crisis not longer incarceration and here is why.
1) By the numbers
I bring up the numbers because they speak for themselves. I had a conversation with my father this past week about the impact that addiction plays in theft and crime. Although I agree with him that not all crime is motivated by addiction, addiction and mental health issues play a predominant role in these acts, one way or another.
According to Stats Canada and the Centre for Substance Use and Addiction, at least two thirds of inmates have a dependency or addiction issue. I would argue that a good portion of the remaining third struggles with at least one underlying mental health issue. It is my belief that people are not born bad. We do not grow up driven to engage in a life of crime, but rather, mental health and addiction issues drive us into a life of crime as a means to fulfill a need and to survive. As such, incarcerated individuals are society's forgotten vulnerable. They are people that do not have the mental capacity to seek solutions on their own and yet society would rather shame and isolate them rather than support and rehabilitate them.
The following are some more staggering numbers supporting the fact this is a mental health and addiction issue and should be addressed at it's core rather than through punishment and isolation.
It is estimated that 70% of federal Inmates have struggled with a substance use disorder in the past year compared to 11.2% of the general population in their lifetime.
It is estimated that 80% of incarcerated youth struggle with a substance use disorder.
In Saskatchewan, it is estimated that 93% of incarcerated individuals struggle with a substance use disorder. This is due in large part to the disproportionate percentage of indigenous inmates.
56% of those caught for "break and enter" reported substance use that day.
66% of those caught for "theft" reported using that day.
70% of those breaching release conditions are picked up under the influence of alcohol or drugs.
Virtually every offender with moderate to extreme substance use issues acknowledges that they have a problem.
58% of provincially incarcerated individuals and 52% of federally incarcerated individuals are between the age of 18 and 35 while this age range only makes up 28% of the general population.
In 2016, Canada's crime rate hit an all-time low while incarceration rates (driven by large increase in remanded populations) hit an all-time high.
26% of the incarcerated population in Canada are indigenous people while they only make up 4.3% of the general population.
9% of the incarcerated population in Canada are black while they only make up 2.8% of the general population.
Source:
http://www.ccsa.ca/Resource%20Library/ccsa-011058-2004.pdf
https://www.statcan.gc.ca/pub/85-002-x/2017001/article/14700-eng.htm
Given the numbers, I confident in stating that there exists a strong correlation between mental health and addiction issues and criminal activity. As well I feel obligated to point out that many of incarcerated individuals are held pre-trial and effectively "innocent" with limited resources or support to change their behaviors. This is especially true for Canada's visible minorities. Point two will examine why this matters and why more severe consequences such as "stiffer penalties" will have little to no effect as a deterent to criminal behavior.
In my personal experience, mental health and addiction issues directly impacted my criminal activity. My mental health issues remained unresolved for years due to a lack of consistency in making and attending appointments, lack of resources to fulfill prescription needs and a lack of motivation to take prescribed medications due to how they made me feel and how they interfered with my poly drug use. I know for a fact that this is the case with many of the individuals that I have met over the years. Diagnosis is difficult for those struggling with addictions as symptoms manifest due to drug use, that both mask and mimic mental disorders. My addiction was my only concern. My mental health and negative consequences became secondary and virtually insignificant in the grand scheme of things.
2) The physiological concerns
So as it has become clear that mental health and addictions plays a significant role in criminal activity, it is necessary to explore why rehabilitation serves much more of a solution than stiffer penalties and incarceration. To do this we have to look at the physiological aspects and brain function. The two populations that I want to focus on and these are youth and those struggling with addictions. For those struggling with mental health disorders, due to the complexity and wide variations in mental health disorders, I will assume that it is understood that various disorders could contribute to the likelihood of criminal behavior.
To lay the groundwork for this exploration, I will give a brief and simple explanation as to how our brain makes decisions. The two primary areas of our brain that are responsible for decision making are the limbic system and the pre-frontal cortex. The limbic system bases decision making in rewards and and what "feels good." It is motivated by social (peers) and emotional variables. Decisions based in the limbic system are made with little to no regard for consequences. The pre-frontal cortex is the large area of our brain located at the front and top and is responsible for complex decision making such as logic, rational, good judgement and long-term consequences. This is one of that last parts of the brain to develop and is not fully developed until the mid-twenties. This is also the part of the brain most susceptible to under-development as a result of teenage drug or alcohol use. Youth alcohol and drug use can stunt the development of this part of the brain resulting in personality and behavioral abnormalities. This slower or stunted development of the pre-frontal cortex creates an imbalance in decision making power, resulting in instinctual or impulsive decision making. Normal decision making relies on strong communication through neuro-pathways between these two systems. Adolescents and those struggling with addiction issues lack these strong neuro-pathways. As a result, they rely on their limbic system for making decisions which leads to decisions based in instant emotional gratification rather than long-term fulfillment.
Reasoning with a teenager or adolescent is not impossible however it can sometimes take time and a deep explanation as to the consequences of their actions. Consistent and regular reinforcement of consequences will help build these neuro-pathways and develop strong communication between the limbic system and pre-frontal cortex. Over time, the pre-frontal cortex develops in a healthy way and becomes involved in all decisions. Impulsive actions are weighed against consequences and rational or logical decisions are made without much thought. Issues begin to arise however when teenagers are raised without this patient and consistent reinforcement of logical decision making and the impact of consequences. Issues also arise when teenagers or adolescents participate in substance use activities, impacting the utilization and development of the pre-frontal cortex. Teenagers and adolescents become highly susceptible to peer pressure, fitting in and impulsive behaviors, as these all result in instant satisfaction. At least during the short term. Remember, consequences or the "bigger picture" do not play a part in decisions when the pre-frontal cortex is not utilized.
When it comes to those struggling with addictions, there is a very similar situation. Communication between the limbic system and pre-frontal cortex breaks down and all decisions are based is reward seeking and instant gratification. By definition, addiction is defined as a continuation of use, in spite of negative consequences. Consequences do not factor into the equations. Just as with the youth, decisions do not seem rational or logical. That is because they are not. Without intervention and rehabilitation, it is likely that most of these individuals will re-offend once released, whether they have served their sentence or been released on bail. Recidivism rates within the remanded population are not collected or published due to the complexity of defining. However I know from personal experience, that the number of people that have at least one breach charge within the remand system or more than one arrest within a two year period likely far exceeds 50%. Further making a case that consequences have little to no effect on decision making. It is not as if remand or correctional time is a pleasant experience.
I had a good upbringing by societal standards. I was raised in a loving and supportive household with parents that instilled strong values and work ethic into me. As far as I am concerned I was very fortunate to have the childhood that I had. I believe that my issues began though at a young age and was never fully able to grasp the concept of consequences. I struggled with addiction throughout my teenage years, likely as a result of undiagnosed mental health issues and some teenage trauma. Addiction followed me throughout my life, never allowing me to really get a grasp on my underlying issues. I continued to use despite an onslaught of negative consequences, only taking brief breaks from my addictive behaviors. I lost everything, from my marriage, my children, numerous jobs, many vehicles and all my belongings many times. I have been homeless living on the street, been to jail, been hospitalized on multiple occasions and came close to death on multiple occasions. Long-term consequences of my using played no role in my decision to continue using. Regardless of the threat of incarceration, I continued my criminal activities as a means of supporting my addiction. The only aspect that I took into account when determining my actions, was whether or not it allowed me to use and escape the grim reality of that which I faced. Not once did I sit back prior to engaging in a criminal act and think, "what if I get caught?" The only thing that went through my head was, "how can I do this so I don't get caught?" Getting caught was not an issue because of the negative consequence or incarceration, but rather because it was an interruption of my ability to feed my addiction in a consistent and controlled way.
I think that it is worthwhile to mention, that even though I have had 18 months of intensive therapy and clean time to rebuild my neuro-pathways, when I pass an unlocked vehicle with the keys in the ignition, my impulse kicks in and my heart stars racing with anticipation of the rush associated with jumping in and taking off. The only difference now is that I have the awareness and capacity to take a moment and consider the negative consequences of my potential action.
3) The consequences of stiffer penalties
To this point we have demonstrated the majority of offenders are either youth or individuals struggling with addiction issues, or both. We have also examined why consequences do not seem to register with these individuals and why there exists a high level of recidivism within the justice system. There are of course some individuals that do seem to get the help they need and are able to break the cycle, however this does not seem to be the norm. So let us look now at what the consequences are for stiffer penalties and increased enforcement. If consequences do not play into the rational of one of these individuals, what effect is it going to have, if any?
The best case study of stiff penalties and high enforcement exists South of the border. With nearly 1 million police officers, there are only two other countries in the world that have more police (India and China). As well, the United States has some of the harshest, yet humane, penalties for drug offences in the world and yet still holds the record for the highest percentage of the population that is incarcerated. Even with these stiff penalties, the United States ranks first in the world for total number of criminal offences. So if stiff penalties are being used as a deterent, why are so many individuals still breaking the law? As we covered already, consequences have little to no effect on the decision making process and therefore are ineffective as a deterent. This point is further reinforced with examples within our own communities. How can we explain employees getting killed at gas stations for $200 gas-and-gos? How do we explain innocent people getting killed in accidents during high speed chases? Both of these examples carry much stiffer penalties for the individual than the original offence. These are both examples of the lack of consideration of consequences to one's actions.
So what then can we expect as a consequence, if stiffer penalties does not deter some people from criminal activity? The easy answer to this is an increased burden on enforcement and the justice system, higher incarceration rates and hefty economic burden on governments, both provincial and federal. None of these outcomes are a net benefit to society as a whole. The justice system becomes bogged down even more than it already is as heavier sentences will result in more individuals choosing to take their cases to trial. This also forces law enforcement to pay more attention to every case as well as attending more court appearances. The outcome is an increased workload for both which are already at their limit.
Penalizing offenders for longer duration simply results in more individuals incarcerated at any given time which comes at a high cost to society. According to Stats Canada, incarceration costs the public approximately $116,000 per federal inmate (2 years or more) per year and roughly $75,000 per provincial inmate (less than 2 years). These numbers do not take into account the incremental costs to policing and the justice system when you have sentences that lead to federal time versus provincial time. Stiffer penalties result in more federal time, especially when it comes to repeat offenders. The associated costs move from under $10,000 to over $50,000. The economic impact of stiffer penalties clearly results in a greater strain on both provincial and federal budgets while yielding limited deterent results. From a solely economic standpoint, the cost of stiffer penalties far outweigh the benefits gained. With the cost of rehabilitation or treatment for addiction in an Alberta treatment facility at approximately $43 per day (price paid by Human Services to treatment facility, which is ridiculously underfunded) , any rational person would deduct that opening up more spots in treatment facilities and offering longer programs, is clearly a more beneficial option, from both an economic and societal viewpoint. Rehabilitation simply costs less, has a positive impact on families and communities and results in individuals transforming their lives and becoming contributing members of society offering economic benefits rather than costs. Even if treatment facilities were offered $80 per day, resulting in more spots and better programs, the net result would be a reduction in government costs as well as a reduction in potential offenders.
Speaking of my personal experience, the threat of increased penalties and longer incarceration resulted in my engaging in more risky evasion behaviors. My first and second offenses were virtually incident free and came with no threat to either the public or the officers making the arrest. After my second conviction, the threat of longer jail time resulted in the need to evade arrest at any cost in order to ensure my ability to continue use. My last arrest occurred after a lengthy high speed chase through South Edmonton on icy roads through red lights and at a great risk to the general population. The consequence of public endangerment never crossed my mind once. I was eventually caught with the aid of the helicopter and the canine unit and was remanded for 5 months before being released on bail. Due in large part to the support I received at Medicine Hat Remand, I was released, followed my exit plan and entered a sober living program and eventually a residential treatment program. After completing both programs and with nearly 5 months of clean time, I was offered a plea bargain as part of the crown caseload reduction initiative, and offered time served, lost my license, fines and community service. I returned to my home town, completed the conditions of my sentence and transformed my life. This is an opportunity that should be afforded to every individual in the justice system.
Sources:
http://www.csc-scc.gc.ca/publications/005007-3024-eng.shtml
4) Systemic Shortfalls
According to stats Canada, Alberta has the highest proportion of incarcerated individuals in the remand system at 70%. The unfortunate reality of this is that remand offers very limited support for mental health and addiction issues. Both Provincial and Federal correctional facilities offer life skills and addiction programming and all inmates are able to participate. Depending on charges and previous incarceration record, many programs are unavailable to those that likely need them most. Inmates in remand with institutional charges, are not approved for many programs. With limited resources and an ever increasing population, remand counselors must try to juggle their attention to those most likely to respond.
My personal experience within the correctional system confirms this point. Even with a request for addiction support at my 4 stays at Edmonton Remand, I was only afforded a 30 minute visit during my 3 month stay and a one week program once I ended up on the behavioral management unit with 23 hour lock-up per day. During my two stays at Calgary Remand I never saw a counselor and fortunately during my last stay at Medicine Hat Remand I was lucky enough to have a weekly session with a compassionate counselor that was invested in getting me the support I required.
The truly unfortunate systemic breakdown though, occurs within the judicial system itself. The Alberta remand system in particular, has become nothing more than a system of sentencing without a conviction. Bails are either denied or assessed out of reach of many individuals. In many cases this is due in large part to numerous previous breaches of release conditions. As a result, both crown prosecutors and defense counsel take advantage of this and simply hold over court appearances until the crown is satisfied with the incarceration time to offer a time-served deal and eventual release. It is not uncommon for remanded individuals to have double digit court appearances all resulting in a "held-over" outcome prior to being offered "time-served." This comes as a huge burden to court time which, as we have seen, results in exceptional delays and dropped charges. It is important to remember that remanded individuals are effectively innocent as they have not been convicted of their charged crime yet.
My experience within the remand system confirms this point. with over ten convictions, I actually never spend a second in the provincial system. All of my convictions were a time-served scenario negotiated by my lawyer with the crown after either, one, three or five month stays. During my last two stays, I had approximately 25 court appearances in all. I did have multiple charges in multiple jurisdictions however each of these charges had no less than 3 court appearances prior to resolution. It seems to me there must be a better use of our judicial resources and time. The system must look at changing this.
Conclusion
This article paints a pretty gloomy picture of our system and one might begin to think that there is no chance of breaking the cycle of addiction and crime. This is not necessarily the case as there are those that do finally reach a breaking point and are afforded the luxury of the necessary support and rehabilitation. I am a prime example of that. After many years of legal interactions and addiction issues, I finally ended up somewhere that I was not able to continue using. It was fortunate for me that I was also able to speak regularly with a counselor. A counselor that was able to get through to me and spent the time and energy to secure an exit plan for me, so that I did not simply return to the environment that got me into trouble in the first place.
There is hope but we have to do better. We have to change attitudes and stigma and seriously look at our societal motives for stiffer penalties. Are we seeking these penalties as an act of vengeance and punishment or do we really think that they will solve the problem? My position is that stiffer penalties will only cost our society more. The rehabilitation and treatment option is both economically prudent and a real solution. In addition, it is the humane option, as we are finally looking to reinvest in our citizens and get our society's most vulnerable the help that they actually need. Everyone wins.
