Unit 4 – Sentencing and Punishment Part 2

Unit 4 – Sentencing and Punishment Part 2

Standard 14: Students can describe the purposes and process of sentencing and corrections.Standard 16: Students can identify the structure of the prison system and process of parole.Standard 17: Students can propose a solution to reduce recidivism in the criminal justice system.

LT 14.6 Intro to Community CorrectionsI can infer the justification for community based correctional programs.

Justifications for Community Corrections

Reintegration: Prepare the offender to

return to the community some studies show higher

recidivism rates after exposure to prison culture

Diversion: divert lesser offenders to

alternative punishments Low Cost:

probation officer can oversee more offenders at lower cost than housing prisoners

LT14.7 ProbationI can determine the most important problems in the community corrections system.

Probation Definition: convict is

allowed to remain in the community under supervision for a designated period and is subject to conditions set by the court

Most common form of punishment in the U.S.

Types of Probation

Suspended Sentence: convict is not under

supervision, but sentence can be imposed if further incident occurs

Split Sentence (Shock Probation): Convict spends <90

in jail/prison or bootcamp, then probation

Intermittent Incarceration: offender does not serve jail/prison time all at once (maybe just on weekends)

Eligibility for Probation Discretion of Judge Aggravating Factors:

Multiple charges Probation/parole at time

of arrest Prior convictions Addiction to narcotics Injury to victim Use of weapon

Mitigating Factors: Type of crime – drug

offense or property crime First time offense

Notebook Item 26: Shock Probation In your opinion, what are the 2

biggest problems with shock probation. Explain your answer.

Turn back to Notebook Item 22 and add any thoughts or ideas about Shock Probation to your list.

LT14.8 Probation ConditionsI can synthesize information about the conditions of probation to write a probation contract.

Conditions of Probation

Usually recommended by Probation Officer

Discretion of Judge

Must rehabilitate the probationer

Must protect the community

Must not violate the Constitution Probationers agree

to give up some rights ▪ Ex: spot checks for

drugs/weapons

Standard Conditions

Report regularly to probation officer

Notification of change of address

Not leaving jurisdiction without permission

Employment

Punitive Conditions

Definition: part of punishment

Fines Community

Service Restitution –

payment to victim Drug testing House Arrest

Treatment Conditions

Rehabilitation Programs for drug addiction

Alcoholics Anonymous meetings

Anger management classes

Example

LT 14.9 Intermediate SanctionsI can synthesize information about intermediate sanctions and other options for sentencing to determine a sentence for a given felony.

Intermediate Sanctions Day Reporting Centers

(DRCs) Offenders spend all or

part of the day under supervision

Includes rehabilitation programs

Intensive Supervision Probation (ISP) More frequent check-ins,

electronic surveillance, drug testing

Intermediate Sanctions – Home Confinement Home Confinement

Curfew: in by a certain time

Home Detention: can leave for a job, school, etc

Home Incarceration : can not leave at all

Electronic Monitoring Phone Call/page Personal Tracking Unit

(aka ankle monitor)

Revocation of Probation Violation of conditions of

probation could lead to revocation

Discretion of Probation Officer to seek revocation

Revocation Hearing: evidence that conditions of

probation were violated is presented

Revocation Sentencing: Judge decides to

incarcerate or reinstate probation

Standard 16Standard 16: Students can identify the structure of the prison system and process of parole.

LT 16.1 Types of PrisonsI can monitor for meaning as I learn and observe the types of prisons.

Types of Prison

Most states use 6 levels

Simplified into 3 levels Maximum Security Medium Security Minimum Security *Supermax Prisons

Maximum Security Prisons Frequent searches Restricted movements Metal detectors/body

scanners Radar to scan prison

grounds for buried items 12-16 hrs out of cell

Supermax: for prisoners who commit murder behind bars Confined to cell 22.5

hrs/day

Medium Security Prison

More education and rehab programs

Common areas Prisoners have

more contact with each other

Minimum Security Prison

AKA: White Collar Prison

No armed guards Televisions/

Computers Often allowed off

grounds for edu or job

Cells are more like a dorm or completely open

LT 16.2 Private PrisonsI can question the ethical dilemma surrounding private prisons.

How do they work?

Prison company has a contract with gov

The state pays the prison $X per prisoner

Prison company makes a profit

Benefits

Reduces overcrowding

Less red tape Saves tax payer

money Labor cost less Private companies

are more efficient Cost per inmate is

less

Arguments Against Private Prisons

Evidence of more behavior issues Parole=less money: private prisons will be motivated to

report bad behavior to keep inmates in longer Corruption Is privatization Constitutional?

Example Video

Notebook Item

NOTEBOOK ITEM 27 PRIVATE PRISONS

Should the government be allowed to outsource prisons to private companies?

Explain your answer giving at least 2 reasons for or against private prisons.

LT 16.3 Parole and ReleaseI can question an offender who is being considered for discretionary release

Discretionary Release Parole: conditional

release of an inmate before their sentence has expired Remaining sentence

served in community under supervision

Average felon serves only half of their sentence

Mandatory Release Definition: Inmate

serves their sentence minus good time

Parole Board

4 BASIC DECISIONS

Which offenders go on parole

Conditions of parole When the conditions

of parole have been met, discharge the offender

When violation occurs, what actions to take

Parole Grant Hearing

Board includes 5-6 members

Review case before hearing

May interview offender and contact key people in case

Grant or deny parole

Parole Process

Conditions of Parole Limited rights

Report to Parole officer

Parole Revocation for violation

Sex Offenders

Sex Offender Notification Laws

Local laws that require authorities to notify the public when a sex offender has been released into their community. Active Notification:

bulletins, posters, etc Passive Notification:

info is available to public such as a website

Conditions of Release No contact with children Psychiatric treatment Permission from parole

officer to move Remain a certain distance

from schools/ parks with children

Cannot buy kids’ toys Cannot participate in

activities that involve children

Can not social network MUST REGISTER WITH

AUTHORITIES

Controversy with Notification LawsCONSTITUTIONAL VIOLATIONS? Innocent until proven

guilty’ Punishing BEFORE they

commit the crime Violation of Privacy

Broadcast past crimes to community

Controversy with Notification Laws

JUVENILE OFFENDERS

Sex offender label is permanent Must register as a

sex offender forever This could be a very

minor offense such as statutory rape

Recidivism Tracker