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~Entencing Control Over the Physical Condition of the Documents Submitted, the Individual Frame Quality Will Vary ____"_"w,.__. If you have issues viewing or accessing this file contact us at NCJRS.gov. , I) i'" Department of JU9tJce National Criminal Justice Reference Service ~ \, Canada " I~--~~------~~~------------------------------------------------ J' 'I nCJrs Ir This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise ~entencing control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on r ~ ( this frame may be used to evaluate the doc~,ment quality. :1 I ., ;~ I "'" if' 1i' j I! \\ :2 1.0 : ;,il 'J I, 1\ 'DECIDING DANGEROUSNESS: '1 ,,' '\... ': POLICY ALTERNATIVES H' Ill~ 0 I FOR il· 16 ;1, j DANGEROUS OFFENDERS ""I~ '"11 r.4 11111 . , ..:1 f., \ '1 I) ~lCROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF SlANDARDS.1963-A II'I( , . ~ :J Christopher Webster . II Bernard Dickens Microfilming procedures used to create this fiche comply with li' U" the standards set forth "~n 41 CFR 10 J-11. 504. ~ . Points of view or opinions stated in this document are Centre of Criminology University of Toronto those of the au.thor(s) and do not represent the official 'I ,position or polfcies ~f the. O. S. pepartment of Justice. ,\ o .~ "{J . ." (I ~ationallnstitute of Justice . Unite"d St~tes Departmento,fJustice A report to the Department of Justice, Canada Washington; D. C.~O!l31. CI \) . ';: ~ ,~ •. r December, 1983 , , , :::J ' .. () j , •• ~ 1 -=::;-~.",.~=-. ... ~.~ .,' Canada I '~"""""'-~''''r4'~~'~"",::,~:=~~~~",,,,,, ,.,......., o ( I I f I j , l I tI // DECIDIBG~boouSIIESs: I This report was, prepared for the Pepartment of Justice, Canada. The Department provided the bulk of the CHRISTOPHER WEBSTER financial sujport through a grant to the Centre of BERNARD DICKENS Criminology, University of Toronto. Ideas expressed in the report are the responsibility of the two co­ prinCipal investigators who recognize t;.(Hlt the Department may not be in agreement with them. Persons should not cite from this report without the express Centre of Criminology permission of the authors and the Department of Unive~sity of Toronto Jus tice, Canada. U.S. DllpartmtU'lto1 JU!llice ';,' 'J National Institute of Justice This document has been reproduced exactly as received from the perso~ or organization originating it. Points of view or opinions stated in this document are those of the authors and do nol necessarily represent the official position or policies of the National Inslitute of Jusllce. Permission to reproduce this copyrighted materiai has been granted by canada Deparlment of .Tustj ce I) to the National Criminal Justice Reference Service (NCJRS). .. JI Furt~er reproduction outside of the NCJRS system requires perm Is- D sion of the fopyright owner. With Contributions by: Susan Addario, Centre of Criminology, University of Toronto Pamela Hillen, Faculty of Law, University of Windsor Sheila Mac;Intyre, ]'aculty of Law, University of Toronto Christopher Millard, Facultyo£ Law, University of 'roronto Richard Sellers, Faculty of Arts and SCience, University of Toronto Marc Tannenbaum,~ Osgoode Hallo Law School, York University I) Preceding ,page blank if " 0 1.1.11 I) 'TABLE OF anrrERrS b ... >; ACKNOWLEDGEMENTS SUMMARY ~ CBAPrKR. OBE _'ll.'~~~~snT!9N S 1 SCOPE OF THE REPORT AND GENERAL INTRODUCTIQ'NI/ Scope of the Report 1 The Current Dangerous Offender Provisions: General Background 2 What Part XXI. Demands of the Clinician or Criminologist 4 ~nro .. jl 11 REVIEW OF THE SCIENTIFIC LITERATU~ffi ON ASSESSMENT, PREDICTION, AND TlUll\TMENT 1\ " A Brief Review of Social Science Methods Pertinent. to the .Preserit AnalYSis 11 - False Positives/False Negatives 11 - Correlation Coefficients and Significance 12 The Recent Scientific Literature on the Prediction of Violence 13 /} - The Baxstrom Study by Steadman and Cocozza - The Dixon Study 14 15 (. - The Quinsey Studies 16 - The Kozol Study 17 - The Cocozza Competence Follow-Up Study' 17 - The METFORS Studies . 18 e;::..; - The Mullen and Reinehr Study 18 'l~ \ The Nature of the Prediction Task Re-Examined 19 " 0 - Fairly Obvious Difficulties 0 19 0 I) - The Rather More Subtle Difficulties 20 Recent Informed Opinion about the Prediction~roblem: Monahan's 26 The Clinical Prediction of Violent Behavior - Risk Assessment 28 Recent Canadian Descriptive Studies on Populations Detained Under 31 Indeterminate Sentences <> - Information about Present Dangerous Offenders in Ontario and Canada . (\ 31 -The Jackson Report on Habitual Criminals 34 - The Greenland and McI,eod 1981 Study on Dangerous Sexual 35 Offenders 1948-1977 \1 The Assessment and Treatment of Serious Sex Offenders 36 - Concluding Comments 42 The Hlllen and Webster Ad Hoc Consultation Study 43 o lL o v I? • Preceding page blank i) :0 1\. \>\ 01 !, i J 1 CHAP'l'ER. ntREE .1I 66 f DAij~EROUS OFFENDERS: LEGAL I~SUES "I This report was completed during the summer months Clf 1983 in response to • request from the Department of Justice, Canada, for a ,cholarly Current Dangerous Offender Provisions: Criminal Code Part XXI 66 r,eview of the scientific and legal literature bearing on the aS~lity of The Legal Tensions Inherent in Part XXI 68 :I men'cal health professionals to make reliable and valid prediction6 of the The Admisdbility and weight of evidence as to future 69 I future violent behaviour of persons deemed to be Dangerous Offenders. All dangerousness I that was requested of us is this small-scale, short-run, project was a - The status of dangerousness prediction as a scientific 6'9 I review of the pertinent published and unpublished literature. Yet as we technique I began to read and wri te it s{)on became apparent that we needed to know - Psychiatrists as Expert Witnesse~ in Dangerous Offender 70 ) more exactly what kind of views about these matters are currently held by Hearings , , ," prominent Canadian mental health specialiSts and lawyers. Accordingly, two of us and C.D.W.) drew up an interview guide artd set out to talk - Should Psychiatric Testimony be Excluded? " 71 (p.~:F1. - Recent Developments in the United States ml '13 to forensic psychiatrists, psychologists, criminologists, nurses, academic ~ Implications for the Use of Experts in Canadian Dangerous 78 lawyers, prosecutors, and members of the defense bar. Th.~ response was Offender Hearings extremely gratifying. Our colleagues were eager to contribute and were Burdens and Standards of Proof 79 very willing to donate their time to the project. We list below those - Burdens of Proof 79 persons who assisted us. This not only acknowledges their help as is - Standards of Proef 80 proper, but it lets the reader know that, at least to a limited extent, - The Implications of a Probabilistic Model ,81 our report is based not only on published work but also on the Informed views of colleagues. I' - The Standard of Proof Currently Requir~d Under Part XXI 83 of the Criminal Code The Likely Impact of the Canadian Charter of Rights and Freedoms 85 We are grateful to the following forensic psychiatrists for permitting Interpretation themselves to be interviewed: Dr. Mark Ben-Aron, Clarke Institute of - Legal Rights 88 Psychiatry, Dr. Donald Braden, Regional Treatment Centre, Kingston - Equality Rights 91 Penitentiary, Dr. Derek Eaves, Forensic Psychiatric Services Commission of (J :' British Columbia, Dr. Russel Fleming, Penetanguishene Mental Health Centre, Dr. Luke Clancy, Regional Psychi~try Centre, Abbotsford, Dr. c::::HAP'l'ER. FaUlt 107 Stephen Hucker, Clarke Institute of Psychiatry, Dr. Frederick Jensen, , A COWSIDERATION OF POLICY OPTIONS METFORS, Clarke Institute of Psychiatry, Dr. Rodney Mahabir, METFORS, Clarke Institute of Psychiatry, Dr. N. Maley, Regional Treatment Centre, ," Criticisms of the Current Part XXl':'-1 108 Kingston Pen~tentiary, Dr. Anthony Marcus, Department of Psychiat~rf University of British Columbia, Dr. Robert Me Caldon, Regional Treatw.;~nt Options 111 - Procedural Changes Centre, Kingston Penitentiary, Dr. Joseph Noone, Forensic Psychia-tric 111 Services Commission of British Colu~bia, Dr. Basil Orchard Clarke Substantive Changes j 115 Institute ~f Psychiatry, Dr. Myre Sim, Forensic Psychiatric Services O:>mmission, Victoria, British Columbia, Dr. Edward Turner, METFORS, Clarke Institute/of Psychiatry. Some psychiatrists who could nQ~ be interviewed kindly pl10vided written confme~ts. These were: D'I:. Syed Akhtar, Nova Scotia ~~spital, Dr. Lionel Beliveau, !nstitut Philippe Pinel de Montreal, (i Dr._Jo~' Bradford, "Royal Ottawa Hospital, Dr. Brian Butler, private 0' practilie,'f Dr. Nazar Ladha, Memorial University, Dr. Seltfyn Smith, Royal Ottawa Hospital, Dr. Douglas Wickware, Unj,versity Hosp~tal, London, Ontario. ~ , The following psychologists were inter'dewed: Dr. Stephen Golding, Fod~n$ic Psychiatric Services Comm~ssion of British Columbia, Mr. Timothy Ho, Regional Treatment Centre, Kingston Penitentia:.ry, Dr. Ronald Langevin, Clarke Institute of l,>sychiatry, Professor William Marshall, Department of" Psychology, Queen's University, Dr. Vernon Quinsey, Penetanguishene Mental Health Cen'tre, Dr. Marnie Ri,ce, Penetaq,guishene Mental Health Ce~tre, Professqr Ronald Roesch, Department of Criminology, Simon Fraser' University, Dr. Lana Stermac, METFORS, Clarke Institute of Psychiatry, Dr. Sharon Williams, Regional Tre,tment Centre, Kingsto~ Penetentiary. I, Written comments were supplied by: Dr. Paul Gendreau, Ontario Ministry of ;', C:-, '.I i) vU Con-ectiona! Services, and Dr. Stephen WOl:mith, Ministry of the Solicitor General,
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