11.14 Corrections: Probation, Intermediate Sanctions, Parole
Criminal Justice 110 with Maxwell at Michigan State University
About this deck
By: Jennifer Edwards
Textbook:
The American System of Criminal Justice
Created: 2011-12-12
Size: 21 flashcards
Views: 7
Textbook:
The American System of Criminal JusticeCreated: 2011-12-12
Size: 21 flashcards
Views: 7
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Probation
A sentence not involving confinement where the offender is allowed to serve the sanctions imposed by the court in the community, under supervision.
Origins of Probation
Early practice: not a formal alternative sanction
Started by: John Augustus(1841-first case)
1880: Massachusetts first to institute a statewide probation system
1925: 21 other states followed suit.
Started by: John Augustus(1841-first case)
1880: Massachusetts first to institute a statewide probation system
1925: 21 other states followed suit.
John Augustus
Sits in the court, observing people getting sentenced to prison
offer to bail them out, judge to release them in his supervision
by 1858 (had bailed out close to 200 defendants
offer to bail them out, judge to release them in his supervision
by 1858 (had bailed out close to 200 defendants
Changing philosophies of probation
1)Humanitarian Method
2)1920's humanitarian model
1960's back to the social worker function by probationers
4)1970s risk management goal (not necessarily humanitarian
2)1920's humanitarian model
1960's back to the social worker function by probationers
4)1970s risk management goal (not necessarily humanitarian
Humanitarian Method: exemplified by John Augustus
Not all criminals are dangerous/menace
Don't need prison for all: don't always need prison, learn more criminal ways.
Probation officers: as caregivers.
Don't need prison for all: don't always need prison, learn more criminal ways.
Probation officers: as caregivers.
1920's Humanitarian Model
More psychological/ clinical in orientation
Similar to humanitarian philosophies
Probation Officer: *expected to also be a psychological counselor, * provide treatment (by referral or advising) f
Similar to humanitarian philosophies
Probation Officer: *expected to also be a psychological counselor, * provide treatment (by referral or advising) f
1970s risk management goal (not necessarily humanitarian)
Primary goal: keep offenders in community yet, ensure relative safety of citizens
Philosophy shift from pure rehabilitation to a combination of retribution and deterrence. Common forms : *straight community supervision tot: split sentences, shock incarceration, electronic monitoring.
Philosophy shift from pure rehabilitation to a combination of retribution and deterrence. Common forms : *straight community supervision tot: split sentences, shock incarceration, electronic monitoring.
Organization of Probation: Structure
Most state supported, managed by the dept of corrections.
Varies from state to state
Most state supported, managed by the dept of corrections
Varies from state to state
Most state supported, managed by the dept of corrections
Organizing of Probation: Probation Workload
Workload should be 35: National Probation Association
Some over 200-300
For intensive supervision (60 cases - light caseload)
Some over 200-300
For intensive supervision (60 cases - light caseload)
Revocation (probationer does not meet conditions of probation)
Varies across jurisdictions, Sometimes ("zero tolerance") Often discretion of probation officer Most Revocations: new arrest or a new conviction, failure of *revocation procedure: Gagnon v Scarpelli (1973) : Right to hearing (determine probable cause that a violation occurred) Confront witnesses, no automatic right to counsel
Intermediate Sanctions
continuum of punishment from prison to probation.
More intrusive than ordinary probation but less than prison.
More intrusive than ordinary probation but less than prison.
Administered by the judiciary
Fines
Restitution: compensation to the victim by the offender
Forfeiture: seizure by the government of property & other assets derived from or used in criminal activity. Can be used even without finding of guilt (in drug crimes)
Restitution: compensation to the victim by the offender
Forfeiture: seizure by the government of property & other assets derived from or used in criminal activity. Can be used even without finding of guilt (in drug crimes)
Administered by the judiciary: Fines
In the U.S. used as a sanction in conjunction with another type of sanction (not sole punishment)
In other countries: used extensively as a sole punishment
*based on severity of the offense & financial capacity of the offender
*day fines: Statn Island N.Y. (daily incomes to determine fine)
In other countries: used extensively as a sole punishment
*based on severity of the offense & financial capacity of the offender
*day fines: Statn Island N.Y. (daily incomes to determine fine)
Administered primarily in the community:
Home Confinement with Electronic Monitoring
Home Confinement with Electronic Monitoring
*system: restrict movement via tracking devices assets *Device: continuous signaling device (active monitoring)=device sends continuous signals to warm of violations *Programmed contact device(passive monitoring)=random calls are made to the headquarters to device offender by some.
Administered Primarily in the community:
Intensive Supervision Probation
Intensive Supervision Probation
*probation officers have lesser caseloads (20 in book appox 60 in some states)
*more conditions for probationers to follow: *more random drug-testing, *more visitations by P.O. *more random drug testing *curfew/community service.
*more conditions for probationers to follow: *more random drug-testing, *more visitations by P.O. *more random drug testing *curfew/community service.
Rationale
More deterrence
Community Safety (key issue)
Community Safety (key issue)
Evaluations
*Different Definitions of INTENSIVE *target group varies widely =some first-time arrestees =some exclude drug-offenders =often used in low-risk offenders (not-violent, nor prior felonies) *criticized a lot: increases risk of re-incarceration
Administered Institutionally: Boot Camps
System: Fairly new(1989 spread rapidly) *military type training (intensive physical exertion, hard labor) Typical day: used to shave their heads, start predawn w/ about 2 hrs training & exercise, bfast, not allowed to talk, no slouching/resting while on line. Work day(hard-intensive, physical labor) night time(some counseling/treatment)
Why Boot Camp quickly gained support
Appeals to conservative ideology of the 1980s
Punishment with teeth (swift, certain, harsh)
Military training appeals to a lot of people.
Seems address overcrowding.
Punishment with teeth (swift, certain, harsh)
Military training appeals to a lot of people.
Seems address overcrowding.
Evaluations/Criticisms (boot camp)
a)Military training takes years to mold behavior, offender go back to disorganized hoods, recidivism (initially high rate)
**Only Military (-) With Rehab(+)
b)Target Group: =young, non-violent, first-time offenders. = not prison-bound; does not reduce overcrowding.
c)Can be constructive when combined with more rehabilitative programs
**Only Military (-) With Rehab(+)
b)Target Group: =young, non-violent, first-time offenders. = not prison-bound; does not reduce overcrowding.
c)Can be constructive when combined with more rehabilitative programs
General Problems with Intermediate Sanctions
Net-widening:
Expands corrections domain: more people put under supervision
* Are sanctions too much for anybody to handle that "failing" is imminent?
Expands corrections domain: more people put under supervision
* Are sanctions too much for anybody to handle that "failing" is imminent?
About this deck
By: Jennifer Edwards
Textbook: The American System of Criminal Justice
Created: 2011-12-12
Size: 21 flashcards
Views: 7
Textbook:
The American System of Criminal JusticeCreated: 2011-12-12
Size: 21 flashcards
Views: 7
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have used this website for three exams, and I see a huge difference in my test results.”
Naj
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