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.
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
Organizing of Probation: Probation Workload
Workload should be 35: National Probation Association 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
continuum of punishment from prison to probation. 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)
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)
Administered primarily in the community: 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
*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 deterrence Community Safety (key issue)
*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.
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
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?
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