Chapter 10 Notes PDF

Preview

Summary

Download Chapter 10 Notes PDF

Description

Intro to Criminal Justice Probation & Community Corrections The Justification for Community Corrections -

-

To a certain degree, correctional programs that are administered in the community are considered a less severe, and therefore less worthy, alternative to imprisonment o “3 Strikes and mandatory programs are in opposition to community based correctional philosophies o Corrections…or Retribution and Punishment? MEANS AND METHODS o Reintegration: A goal of corrections that focuses on preparing the offender for a return to the community unmarred by further criminal behavior…

Justification: Reintegration -

-

Has strong theoretical basis in theories Advocates: o Most offenders will eventually return to community o Very small percentage are capital/life offenders o Need to build and rebuild ties to community o Need to rebuild or build family ties o Employment o Education “Recidivism– repeat-offenders “Rehabilitated” – offenders are such when no longer pose threat to community… This is the balance/tradeoff: Individual v. Community

Probation: Doing Time in the Community -

-

Low-Cost Alternative’s: $$$$$$ o Politicians and criminal justice officials who do not look favorably on ideas such as reintegration and diversion have embraced programs to keep nonviolent offenders out of prison Probation Suspended Sentence

Alternative: Probation -

-

Probation: “The legal status of an offender who, after being convicted of a crime, has been directed by the sentencing court to remain in the community under the supervision of a probation service for a designated period of time and subject to certain conditions imposed by the court of law.” A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned, so long as she or he follows certain conditions set by the court: o Most common form of punishment today o Administered differently in different locations

o

Forms:  Formal (Supervised)  (Informal) Unsupervised

Probation is -

“Contract” between offender and Judge Offender agrees to follow certain rules and conditions Failure to comply may result in incarceration or imposition of balance of sentence Usually result of Probation Report o Post-conviction interview with offender by PO o Review of criminal history o Review of family, work, school history, etc. o In the end, PO writes report and recommendation to Court

Probation: Doing Time in the Community -

-

-

Probation is basically an “arrangement” between sentencing authorities and the offender o A judge can forgo probation altogether by handing down a suspended sentence o Suspended sentence: A judicially imposed condition in which an offender is sentenced after being convicted of a crime but is not required to begin serving the sentence immediately Eligibility for Probation: Offenders are most likely to be denied probation if they: o Are convicted on multiple charges o Were on probation or parole at the time of the arrest o Have two or more prior convictions o Are addicted to narcotics o Seriously injured the victim of the crime o Used a weapon during the commission of the crime Conditions of probation: The conditions placed on a probationer fall into three categories: o Standard conditions – Report to PO; Notify of change of address/employment, not leave jurisdiction o Punitive conditions – fines, community service, restitution, drug testing, home confinement o Treatment conditions – attend AA, drug treatment, anger control therapy (cost sometimes attached

Legal Guidelines for Imposition -

-

Conditions must be related to the dual purposes of Probation o Rehabilitation o Protection of community Not violate U.S. Constitution o Is a waiver of some rights  Home and person searches  Diminished Expectation of Privacy (drug tests)

Probation: Doing Time in the Community -

-

-

-

The supervisory role of the probation officer: o The probation officer has two basic roles:  Investigative  Supervisory The goals of supervision: The probation officer establishes a relationship with the offender o Based on the mutual goal of both parties The use of authority: In the absence of trust, most probation officers rely on their authority to guide an offender successfully through the sentence o Authority: The power designated to an agent of the law over a person who has broken the law o Peace Officer Empowered Revocation of probation: The probation period can end in one of two ways: o The probationer successfully fulfills the conditions of the sentence o The probationer misbehaves and probation is revoked Technical violation: An action taken by a probationer, that although not criminal, breaks the terms of probation as designated by the court; can result in the revocation of probation and a return to prison or jail

Parole -

Parole is a release from state prison before an individual has completed their full sentence. Parolees are convicted felons Similar to a probationer’s contract and terms agreed to upon release, a parolee is subject to strict terms and conditions agreed to prior to release. Parole Officers monitor their progress on parole

Parole Agents are Similar to Duties of Probation Officer -

Parole agents may search residence any time Parolees report to PO on scheduled basis Level of supervision dependent upon parolee’s crimes and risk assessment Parole agents are peace officers and may take parolee into custody at any time for violation of terms of parole Parole agents usually carry a high case load

Option – Suspended Sentence -

No conditions placed on supervision defendant Defendant remains free for specified period of time Judge retains option to revoke sentence and remand Used for felonies and misdemeanors Dependent upon prior record and community risk

Alternative – Intermittent Incarceration -

Weekends in jail

Critical Question -

First Time/Non-violent/Minor Repeat Offenders v. Repeat Offenders

Expanded Options and Alternatives -

Intermediate Sanctions – used for those who require stricter supervision than probation/suspended sentence but imprisonment is too harsh. Seeks to match specific punishment to what is best for the individual offender Non-exclusive: often combined with imprisonment/probation or each other 2 Primary Forms o Court Administered o Probation Department

Judicial Intermediate Sanctions -

Fines Community Service Restitution Forfeiture Pretrial diversion programs

Justification: Pre-Trial Diversion -

Diversion: In the context of corrections, a strategy or method to divert those offenders who qualify away from prison and jail and toward community-based and intermediate sanctions o Mostly drug and petty crimes o No need to incarcerate o First time offenders o Alternative method to conserve resources for violent and repeat offenders o Important alternative to overcrowding o Use of drug courts

Other Intermediate Sanctions -

-

-

Day Reporting Centers o Used to reduce overcrowding o Night in community/day at center o Sometimes offer rehabilitation programs Shock Incarceration – given a taste of incarceration Home Confinement o Curfew o Home detention o Home incarceration Intensive Supervision Probation o Prison level control but not in prison o Agents have lower case load...