Dangerous offender
Encyclopedia
In Canada
and England and Wales
, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of preventive detention
in order to protect the public.
, a convicted person who is designated a dangerous offender may be subjected to an indeterminate prison sentence, whether or not the crime carries a life sentence, but this does not apply to convictions of first degree murder, second degree murder, high treason
, and treason
. The purpose of the legislation is to detain offenders who are deemed too dangerous to be released into society because of their violent tendencies, but whose sentences would not necessarily keep them incarcerated under other legislation, such as the Correctional and Conditional Release Act. Under subsection 761(1) of the Criminal Code
, the Parole Board of Canada is required to review the case of an offender with a dangerous offender label after seven years, and parole
may be granted as circumstances warrant, but the offender would remain under supervision indefinitely. After the initial review, the Parole Board must conduct subsequent reviews every two years. According to Corrections Canada, on average 24 dangerous offenders are admitted to the Canadian prison system each year. Paul Bernardo
is one well-known dangerous offender.
Canadian courts also have the option of designating convicts "long term offenders". A hearing is held after sentencing, and, if a judge rules the accused is likely to re-offend after release, a 10-year period of community supervision is required after the sentence is completed.
The dangerous offender provisions have been found constitutional
: "The individual, on a finding of guilty, is being sentenced for the 'serious personal injury offence' for which he was convicted, albeit in a different way than would ordinarily be done. He is not being punished for what he might do. The punishment flows from the actual commission of a specific offence."
On October 17, 2006, the Canadian government introduced legislation that would make it easier for Crown prosecutors to obtain dangerous offender designations. The proposed amendments would provide, among other things, that an offender found guilty of a third conviction of a designated violent or sexual offence must prove that he or she does not qualify as a dangerous offender. (Under current legislation, the Crown must prove that the individual qualifies as a dangerous offender; the proposed amendment would reverse the onus for individuals convicted of three violent offences– they would have to prove that despite the three convictions, they do not qualify as dangerous offenders.)
where a person convicted of a crime must be released from criminal incarceration at end of sentence. If there is a question that the person may continue to be dangerous, he can be civilly committed if, through a judicial hearing, it is determined that a concurrent mental disorder makes it likely that he will continue to be dangerous because he lacks any self control
. This issue arose in the case of sex offenders in Kansas v. Hendricks
(1997) in which the court did allow limited commitment, but it reversed itself on the very same issue in Kansas v. Crane
(2002), imposing much stricter commitment standards.
Since such a high burden of proof can be met only rarely, there are a variety of state and federal sex offender registration
laws geared to protect the public. The constitutionality
of these have been upheld by the United States Supreme Court in Smith v. Doe
(2003).
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of preventive detention
Preventive detention
Preventive detention is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime, if that person is deemed likely to commit a crime....
in order to protect the public.
Canada
In Canadian criminal lawCriminal law in Canada
The criminal law of Canada is under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91 of the Constitution Act, 1867...
, a convicted person who is designated a dangerous offender may be subjected to an indeterminate prison sentence, whether or not the crime carries a life sentence, but this does not apply to convictions of first degree murder, second degree murder, high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. The purpose of the legislation is to detain offenders who are deemed too dangerous to be released into society because of their violent tendencies, but whose sentences would not necessarily keep them incarcerated under other legislation, such as the Correctional and Conditional Release Act. Under subsection 761(1) of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, the Parole Board of Canada is required to review the case of an offender with a dangerous offender label after seven years, and parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
may be granted as circumstances warrant, but the offender would remain under supervision indefinitely. After the initial review, the Parole Board must conduct subsequent reviews every two years. According to Corrections Canada, on average 24 dangerous offenders are admitted to the Canadian prison system each year. Paul Bernardo
Paul Bernardo
Paul Kenneth Bernardo, also known as Paul Jason Teale , is a Canadian serial killer and rapist, known for the sexual assaults and murders he committed with his wife Karla Homolka and the serial rapes he committed in Scarborough.-Early life:Bernardo's mother, Marilyn, was the adopted daughter of a...
is one well-known dangerous offender.
Canadian courts also have the option of designating convicts "long term offenders". A hearing is held after sentencing, and, if a judge rules the accused is likely to re-offend after release, a 10-year period of community supervision is required after the sentence is completed.
The dangerous offender provisions have been found constitutional
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
: "The individual, on a finding of guilty, is being sentenced for the 'serious personal injury offence' for which he was convicted, albeit in a different way than would ordinarily be done. He is not being punished for what he might do. The punishment flows from the actual commission of a specific offence."
On October 17, 2006, the Canadian government introduced legislation that would make it easier for Crown prosecutors to obtain dangerous offender designations. The proposed amendments would provide, among other things, that an offender found guilty of a third conviction of a designated violent or sexual offence must prove that he or she does not qualify as a dangerous offender. (Under current legislation, the Crown must prove that the individual qualifies as a dangerous offender; the proposed amendment would reverse the onus for individuals convicted of three violent offences– they would have to prove that despite the three convictions, they do not qualify as dangerous offenders.)
United States
The "dangerous offender" approach is unconstitutional in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
where a person convicted of a crime must be released from criminal incarceration at end of sentence. If there is a question that the person may continue to be dangerous, he can be civilly committed if, through a judicial hearing, it is determined that a concurrent mental disorder makes it likely that he will continue to be dangerous because he lacks any self control
Self control
Self control is the ability to control one's emotions, behavior and desires in order to obtain some reward later. In psychology it is sometimes called self-regulation...
. This issue arose in the case of sex offenders in Kansas v. Hendricks
Kansas v. Hendricks
Kansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.-Fact of case:...
(1997) in which the court did allow limited commitment, but it reversed itself on the very same issue in Kansas v. Crane
Kansas v. Crane
Kansas v. Crane, is a United States Supreme Court case in which the Court upheld the Kansas Sexually Violent Predator Act as consistent with substantive due process. The Court clarified that its earlier holding in Kansas v...
(2002), imposing much stricter commitment standards.
Since such a high burden of proof can be met only rarely, there are a variety of state and federal sex offender registration
Sex offender registration
Sex offender registration is a system in various states designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions , information in the registry is made available to the...
laws geared to protect the public. The constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of these have been upheld by the United States Supreme Court in Smith v. Doe
Smith v. Doe
Smith v. Doe, , was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. Under the Act, any sex offender must register with the Department of Corrections or local law enforcement within one business day of...
(2003).