As criminal lawyers we deal with a variety of criminal offences. Some of our clients are charged with violent offences, like assault. Many of our clients, however, are charged with a non-violent crime such as theft, break and enter, mischief and lying to ICBC. This is not surprising, considering 79% of crimes in 2010 were non-violent. Almost 60% of non-violent offences were either theft under $5000, break and enter, or mischief.
The vast majority (over 98%) of our clients charged with a non-violent crime avoid a criminal record. We are often successful in having these charges resolved quietly in one way or another. Some we seek to be diverted from court to the alternative measures program. In our view, the alternative measures program is a more effective way at deterring future offences and in repaying any debt owed to society by the criminal conduct. Alternative measures can be a positive and life-altering experience for many people.
Studies on non-violent crime
Studies have shown that participation in the criminal justice system through traditional means, including trials and conviction as well as traditional sentences of incarceration are less effective at deterring future offences. Some theorists attribute this to the labeling principle, which says that people who are given a label tend to conform to the standards and expectations of that label. Methods like alternative measures tend to break down the notion that the criminal conduct may be accepted by friends or family, whereas involvement in the traditional process of criminal justice actually introduces offenders to others who have participated in this conduct and can thereby work to legitimize criminal behaviour.
The Government knows this. In British Columbia, the Crown Counsel Policy was recently amended to recommend alternative measures in any instance where the ends of justice are served by participation in the program.
Restorative justice: We know it works.
In the last year the incidence of non-violent crime dropped 6%. This is the seventh year in a row that the rate has dropped for an average of a 27% decrease over the last ten years. As well, the seriousness of non-violent crime also showed a 6% decrease.
Most of our clients have but one brush with the justice system. Our goal and our methods are effective in ensuring that our clients come out with their reputation intact. In this way we can assist our clients to turn things around so they never find themselves back before the court.