Getting it Right the First Time: Applying Research to Reduce Recidivism

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Getting it Right the First Time Applying
Research to Reduce Recidivism

• Presentation byKaren McGovern, RN, BScN, LLB
• Manager, Hearings Program
• College of Nurses of Ontario

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This session will

• Explore issues of recidivism in regulatory
  discipline based on a retrospective study of CNO
  Discipline cases completed in the last five
  years
• Consider study findings in the context of current
  research regarding criminal recidivism
• Identify possible future directions for
  regulators

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College of Nurses of Ontario

• Retrospective Audit of Discipline Cases from 1998
  - 2003

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The Complaints Process
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For the purposes of the audit

• A recidivist is a licensee/member who has a prior
  Discipline finding
• Does not include prior complaints or reports
  where no action was taken or where screening
  committee took remedial approach (e.g. letter of
  caution, reminder)

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Summary of Recidivism in Relation to Disciplined
Members
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Findings Rate of Recidivism

• Eight cases out of a total of 162 cases 5
• Criminal recidivism rate
• - in U.S. 39-53
• - in Canada 16.1

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Recidivism Disciplined Members with Prior
Discipline Action
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Recidivism Disciplined Members with Prior
Discipline Action
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Recidivism Disciplined Members with Prior
Discipline Action
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Findings nature of misconduct

• All recidivists were disciplined at some point
  for matters involving conduct / moral turpitude
• There were no recidivists who were disciplined
  for practise/standards issues alone
• In six of the eight cases, the licensee/members
  subsequent discipline finding was in relation to
  conduct, not practice

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Findings matters similar to previous discipline

• Half of cases involved matters similar in nature
  to the prior discipline.
• In these four cases, the subsequent discipline
  finding was in relation to conduct e.g. abusive
  behaviour, theft/fraud/governance issues

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Trends

• Conduct / moral turpitude, not practice, is the
  basis for the majority of cases in which
  licensees/ members commit repeated misconduct.
• Recidivists have problems with acting morally and
  ethically, rather than problems in respect of
  their practice

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• Making the connection between
• regulatory and criminal recidivism
• Moral turpitude basis for behaviour
• Similar aims and methods used in addressing
  conduct
• Sentencing principles of public protection
  deterrence, specific and general and
  rehabilitation

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Criminal Recidivism Research

• Since mid-1970s, trend away from rehabilitation
  and towards punishment as best method to reduce
  recidivism get tough on crime
• Belief that harsher punishment will deter
  re-offending

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Solicitor General, Canada (2002)

• Findings showed that harsher criminal justice
  sanctions had no deterrent effect on recidivism
  in fact, punishment produced a 3 increase in
  recidivism. Consistent across gender, age and
  ethnicity
• Imprisonment v. community sanctions produced a
  higher recidivist rate.
• Longer jail sentences were associated with higher
  recidivism rates

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Implications

• Policies to reduce recidivism based on getting
  tough on crime have no empirical basis
• Imprisonment and other criminal justice sanctions
  should be used for aims other than reducing
  re-offending
• Alternative approaches to punishment need to be
  explored and strengthened

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Alternatives to punishment

• Community service
• Restitution
• Monitoring/supervising/mentoring
• Restorative justice options

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Restorative justice

• Process whereby parties with a stake in a
  specific offence resolve collectively how to deal
  with the aftermath of the offence and its
  implications for the future
• Requires that offender admits responsibility for
  the offence and is based upon volunteer
  participation

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Types

• Victim offender mediation
• Family or community group conferencing
• Peacemaking or Sentencing circles

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Benefits

• Like Alternate Dispute Resolution, involves the
  victim and stakeholders in the outcome,
  increasing satisfaction in the process
• Solicitor General study (1998) showed a reduction
  in recidivism when Restorative Justice was used
  compared to usual justice sanctions 5.3
  compared to 16.1

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Applications to the Regulatory Arena?

• Restitution
• Mediated resolutions after findings of misconduct
  are made
• Sentencing circles involving the client,
  employer, public, the regulator

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