Chapter 5 - notes PDF

Preview

Summary

notes...

Description

Probation - Probation is the most used correctional option with more individuals on probation in the community than in prison in jail and on parole combine - Good bc its cheaper for gov’t doesnt have to provide housing - Probation and alternatives to detention are meant to satisfy the purpose of public - Probation in its most progressive form emphasizes community involvement rehabilitation and a proportional response to crime - Depending on the severity of the offense and the risk the defendant poses to public safety probation can be supplemented with additional supervision tools such as electronic monitoring and with services and programs in which the probationer is required to participate What is probation? - Probation and alternatives to incarceration are forms of community supervision - Community supervision restricts a defendant's liberties and monitors his or her activities - A sentence of probation usually includes the suspension of a custody sentence - A judge may impose a sentence of probation before or after the judgement of guilt or innocence in court which is called adjudication Who is on probation? - At the end of 2016 there were 3.8 million american men and women on probation - 1 out of every 66 adults in the united states. The average length of stay on probation in 2014 was 22 months - Historically probation was reserved mainly for very low level offense infraction - The probation rate (per 100,000 us adult residents) also declined in this period from 1,878 in 2007 to 1,522 in 2015 - Efforts to decrease the number of people under state correctional supervision including early release programs History of probation - Benefit of clergy: starts in 1200’s and continues until 1827 & never used in United states it was used in england - Clergy: if your a member of clergy you got the benefit of the doubt & the secular court was not in charge of you - Psalm 51 test: Extend the clergy to people who could read Psalm 51 and if they read it right they would be punished by the church and not the secular court - A practice called judicial reprieve popular in england and then in the united states of the 1800s was a more formalized process by which judges could use their discretion to suspend incarceration or not impose it at all as long as the offender continued to toes the line - Judicial reprieve: Used throughout england & the judge would give a time frame to suspend sentence & then you would apply for a pardon to the crown & usually would be granted - Same concept was used in the united states but there was no time frame associated

-

-

with it Judicial reprieve in united states got repealed because it's like double jeopardy (being punished twice) In 1841 a cobbler named john augustus convinced a Boston court to put a man charged with public drunkenness in charge instead of jail He promised the court he would help the offender stay straight or else the court could reinstate the sentence Augustus not only gave probation its name but his philosophy and the methods he developed still guide the practice of probation today The first probation officers were volunteers Augustus helped thousands of people Thirty years after augustus juvenile probation was formally established in massachusetts and in 1901 adult probation was established in new york Although the US supreme court ruled in 1916 that courts did not necessarily have the authority to impose probation the practice continued to spread as state legislator enact laws to the same effect Most common punishment people who commit a felony get

Two key perspectives on probation - In the 1960 & 70s approaches to community supervision were primarily guided by the theories of rehabilitation and reintegration - This view assumes that personal issues and circumstances that led to criminal behavior can be fixed - The primary purpose of probation is the most often to mete out punishment and safeguard public safety-- that is to reduce crime during the offender's sentence and deter future crime Factors that influences who will get probation - Legislation: whether or not the judge has the option to give you probation - The availability of services: If there are places in your community available to help you - Offenders willingness - Judges perception of the appropriateness of probation as a sentence Probation Administration - Probation is administered at various levels government at the state, county, or city level or combination of state and local - Administrative responsibilities are usually handled by state departments of corrections but the courts and executive branch may also play a role - There are more than 2,000 probation agencies in the united states probation philosophy approaches are partially shaped by the values and demands of local political leaders

Sentencing and investigation - The role of probation agency begins before sentencing when a PO completes a

-

presentence investigation and report It is closely linked to the process of risk classifications for behavioral problems and new offenses and to assign programming and services

What they look @ in the presentence investigation - Military service - Financial conditions - Background - Family - Education level - Leisure activities Supervision - Each probationer is assigned to a probation officer who will oversee his or her supervision - After sentencing the PO and probationer meet to discuss the conditions - PO typically does not have the authority to substantively change the conditions of probation independently but he/she can request changes of court Standard conditions of probation - Geographic restriction - Common for people not to go to certain location - Requirements for report & be honest with probation officer - Be employed or be in school - Get permission for change of address - No drinking/ drugs/ illegal activity - No associating w any criminals Specific conditions for probation - Have to live a specific amount of distance from kids - Drug treatment - Alcohol treatment Violation, revocation and termination - Technical violations: are instances of the probationer not complying w conditions of supervision although such incidents ,au not necessarily represent major behavior issues or law violations - Legal violations: violations of the law - Law violations or new offenses, can lead to revocation hearing. Probationers have due process rights in the revocation proceeding that are similar to those new offenders Mempa V. Rhay Gagnon V. Scarpelli

-

On probation for armed robbery Once arrested they take away probation & send him to prison (no hearing) Whenever a person has a liberty interest that is when their due process rights are supposed to be used

5 due process rights in Gagnon V. Scarpelli - 1. Each probationer shall receive written notice of the charges pending against them - 2. Written notice must be received in advance of the heaIntensive Supervision Probationring - 3. Probationer must be allowed to attend the hearing and present evidence on their own behalf - 4. Probationer has the right to cross examine witness - 5. A probationer may have legal counsel present if the charges are complicated or if the case is so complex that the ordinary person would not be able to comprehend the legal issues involved -

We measure probation effectiveness by: recidivism

Alternative to incarceration - Alternatives to incarceration are also known as intermediate sanction - With enhanced supervision alternatives to incarceration are designed for more serious cases at higher risk for reoffending - Alternative sentences typically entail at least one rehabilitation component - By 1989 alternatives to incarceration such as intensive supervision probation electronic monitoring or house arrest were being used in 48 states and they are now used to some degree in every state Intermediate sanctions - Net widening: Increases the proportion of individuals in society whose behavior is regulated or controlled by the state. *intermediate sanctions do not widen the net - Net Strengthening: Augment that states capacity to control individuals through intensification of the states intervention powers *exerting more control over people (may do this) * on probation seeing officers everdays (more control) - Net weakening: Weaken the state's capacity to control individuals through the lessening of the states intervention powers *take person whose supposed to be in prison and put them on house arrest

Intensive supervision probation - Intensive supervision probation also referred to as the intensive probation supervision was one of the first alternative to incarceration and was already in use in the early 1980s

-

-

These strategies include a higher restriction on movement, often a curfew, more frequent meetings and check ins w officers tighter scrutiny of participation in treatment services and strong responses to violation Average amount of cases is 29 Usually have weekly contact Drug tested more frequently 3 classifications: Probation enhancement (net strengthening), institutional diversion (net weaking), Early release program ( Typically results show: a higher incidence of technical violations

Electronic monitoring - Is a type of surveillance used widely across the nation in several situations, including pretrial, post conviction probation, and post incarceration parole - Typically not a sanctions or alternative in incarceration in its own right but is used to monitor the movements of persons on other forms of supervision - First suggested to parole mentally ill people in the 1960s - Not used until 1983 in Albuquerque, New mexico - Device attached to phone & connected by radio waves - On a ankle monitor you can see where clients are at all time - Can set up exclusion zones - Problem with it is economically discriminatory: pay for a portion of it Reporting Programs - Day reporting centers (daycare for criminals) and work release programs are sanctions that serve both punitive and rehabilitative purposes by allowing defendant to return to or remain in their communities under strict guidelines - First used in great britain in the 1970s - Go for supervision or treatment during the day - Shown to be successful at recidivism Drug treatment programs - Drug treatment programs for substance abusers include outpatient, short term residential and long term residential placements - Many programs serve first time offenders exclusively few accept violent offenders and all are selective regarding the mentally ill population

Problem solving courts - Most specifically courts are focused on a particular problem or type of offense, most commonly substance abuse, dwi mental health or domestic violence, although some

-

focus on range of issues for a particular group like juveniles, veternams, families, tribal groups, or the homeless Have to be selected by the prosecutor to go to a special court

Split sentences and flash incarceration - Long used as an option in traditional probation, combination sentences or intermittent incarceration (going to jail for the weekend) are increasingly used as alternatives to incarceration - One potential advantage of a sentence split between a local jail and community supervision is continuous programming between time in custody and after release Restorative Justice - Restorative justice seeks to enhance public safety by involving all stakeholders in dialog and repairing the harm cause by criminal behavior Community service, fines and restitution - Performing community service and paying monetary recompense for offenses are two common element of a sentence of traditional probation and alternatives to incarceration - Fines and community service are meant as punishment in their own right - 1st time community service is used is in 1966 in California: only used for female traffic offenders - Today community service is widely used in Europe & United States - In the US today, community service is most commonly used with traffic offenders, DUI & juveniles - Benefits: Public sees the punishment, Provides free labor to charitable organizations (homeless shelters, Animal shelters & food pantries) Can put offenders in a more humane light, Makes offender take responsibility for their actions - Fines, victim restitution, and community are all aspects of restorative justice as they facilitate the offender giving back ameliorating the impact of crime and rebuilding relationships in the community - Day fines: first used in Finland in 1921, Amount of your fine is based on the income you would make depending one how much you’d make depending on the time you would get in jail - Collect over a billion $ a year in fines, US criminal justice system is economically discriminatory Evaluating Alternatives to incarceration - Intensive supervision probation has not had very good track record with regard to reducing recidivism possibly because of variations in the way the model is implemented...