cstl hhs semo edu mbrown CJ chap by MikeJenny

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									              Chapter 12
      Community Sentences: Probation,
Intermediate Sanctions and Restorative Justice
                              Probation



 A criminal sentence mandating that an offender be placed and
  maintained in the community

 Subject to certain rules and conditions
                           Probation (cont.)



 The History of Probation

    Traced back to English common law

    Judicial reprieve – allows judges to suspend punishment so that
      convicted offenders could seek a pardon, gather new evidence,
      or demonstrate they had reformed

    Recognizance – enabled convicted offender to remain free if they
      entered into a debt obligation with the state

    John Augustus – the “father of probation”

    1878 – Massachusetts passed a law for paid probation officer
                            Probation (cont.)



 Philosophy of Probation

    The average offender is not actually dangerous

    Institutionalization prohibits successful adjustments to behavior

    Even dangerous offenders can be rehabilitated in the community
     given the proper balance of supervision, treatment and control
                          Probation (cont.)



 Approximately 2,000 probation agencies nationwide

 Half of the probation agencies are at the county or municipal
  government level

 Almost 30 states combine probation and parole supervision into a
  single agency

 Almost 4 million people are currently on probation

    Number has grown almost 2% each year since 1994
                           Probation (cont.)



 Probationers are subject to a set of probation rules or conditions
  mandated by the court

 Violation of these conditions may result in revocation of probation
  requiring the original sentence to be served
                           Probation (cont.)



 In approximately half the cases there is a direct sentence to
  probation without the threat of prison

    Subsequent violations will result in harsh punishment

 In 30% of the cases judges use a suspended sentence as part of
  probation
                            Probation (cont.)



 Conditions of Probation

    Standard conditions apply to all offenders in a jurisdiction

    Special conditions are required on a case-by-case basis –
     substance abuse treatment

    Conditions must serve to either protect society or rehabilitate
     offender

    Cannot be capricious or cruel
                          Probation (cont.)



 Administration of Probation Services

    Statewide probation services

    Local probation services

    Combination

    Juvenile and adult services can be separated or combined
                           Probation (cont.)



 Duties of Probation Officers:

    Pre-sentence Investigation

    Intake

    Diagnosis

    Treatment Supervision

    Risk Classification
                           Probation (cont.)



 Legal Rights of Probationers

    Entitled to fewer constitutional protections

    Some rules on self-incrimination before a probation officer do not
      apply

    Rules on search and seizure are not always the same

    Due process rights apply during revocation hearings
                           Probation (cont.)



 How Successful is Probation?

    Most commonly used alternative sentence

    Less expensive than incarceration

    30 to 40 percent fail on probation – most for technical violations of
     rules

    Recidivism rate is less than those sent to prison
                           Probation (cont.)



 How Successful is Probation?

    People with stable home environment and employment are most
     likely to succeed

    Those with a prior criminal history, prior probation, and previous
     incarcerations are most likely to fail

    Males convicted on sexual offenses appear to do well on
     probation
                          Probation (cont.)



 Future of Probation

    Imposition of fees on probationers to defray costs

    Hotspot probation initiatives – community supervision teams

    Organizing caseloads around geographic area rather than
     offender type
                        Intermediate Sanctions



 Add additional sanctions to traditional probation sentences

 May include monetary fines, intensive supervision, house arrest,
  electronic monitoring, restitution, shock probation, etc

 Allows judges to fit punishment to the crime without resorting to a
  prison sentence
                    Intermediate Sanctions (cont.)



 Believed to be cost effective alternatives to incarceration

 Can serve the needs of a number of offender groups to reduce
  overcrowding in jails/prisons

 Can be used as halfway back strategies for those who violate
  conditions of probation or parole
                  Intermediate Sanctions (cont.)



 Fines

    Monetary punishment

    Used more often in lesser offenses or when financial profits were
     high

    Fines may discriminate against the poor

    Many fines go uncollected

    Day fines
                   Intermediate Sanctions (cont.)



 Forfeiture

    Can be used in civil & criminal cases

    Seizure of goods & instrumentalities related to the commission or
      outcome of a criminal act

    Racketeer Influenced and Corrupt Organization (RICO)

    Zero tolerance
                       Intermediate Sanctions (cont.)



 Restitution

    Pay back to victims or society

          monetary restitution or community service restitution

    Benefits the victim, the offender, and the community

    Most restitution clients successfully complete their orders and do
      not recidivate
                   Intermediate Sanctions (cont.)



 Shock Probation: sentence in which offenders serve a short prison
  term before they begin probation to impress on them the pains of
  imprisonment

 Split Sentence: Practice that requires convicted criminals to spend a
  portion of their sentence behind bars and the remainder in the
  community

 Disagreement over whether these two sanctions are helpful or
  harmful
                   Intermediate Sanctions (cont.)



 Intensive Probation Supervision – Goals

    Diversion from prison/decarceration

    Maintain control of the individual

    Facilitate reintegration into the community
                   Intermediate Sanctions (cont.)



 Intensive Probation Supervision

    Rely on great degree of client contact by probation officer
      (smaller case loads)

    Criteria for use vary throughout U.S.

    Many systems use very specific conditions, e.g. mandatory
      curfew, employment, drug testing, community service, etc.

    Effectiveness varies – failure rates appear to be high
                    Intermediate Sanctions (cont.)



 House Arrest

    Offender required to spend extended periods of time in one’s own
     home as an alternative to incarceration

    Little standardization throughout U.S. in how house arrest is
     administered
                   Intermediate Sanctions (cont.)



 Electronic Monitoring

    Often used to ensure compliance with house arrest

    Similar recidivism to traditional systems

    Costs are lower Overcrowding is reduced

    Issues of privacy and liberty

    Compliance technologies vary
                   Intermediate Sanctions (cont.)



 Residential Community Corrections

    Usually non-secure buildings

    Residents work and/or attend school during the day and return to
     the center at night

    Used to provide structured environment for treatment

    Many are used as day reporting centers for nonresidential clients
                         Restorative Justice



 Policy based on restoring the damage caused by crime and creating
  a system of justice which includes all parties harmed by the criminal
  act

    Victim

    Offender

    Community

    Society
                     Restorative Justice (cont.)



 All crimes bring harm to the community

 The traditional justice system does not Involve the community in the
  justice process

 Our focus on punishment, stigma, and disgrace of the offender
  prohibits us from repairing the harm caused by crime
                     Restorative Justice (cont.)



 Restoration Programs

    Sentencing circles

    School programs to avoid expulsion

    Police programs to deal with the crime when it is first encountered

    Courts to divert offenders from the formal criminal justice process
                     Restorative Justice (cont.)



 Challenges

    Entry into programs may favor whites over minorities

    Cultural and social differences may dictate what is “restorative”

    Lack of a common definition of “restorative”

    Balancing the needs of offenders with those of the victims

								
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