Copyright © 2015 Kathryn Morgan. All rights reserved

PROBATION, PAROLE, &

COMMUNITY CORRECTIONS

Copyright © 2015 Kathryn Morgan. All rights reserved.

Chapter 1 Probation, Parole and Community

Corrections


Learning Objectives:1. Outline the criminal justice system process.2. Identify the purposes of corrections. 3. Summarize the strategies of community corrections.4. Discuss major controversies in community corrections.


I. The Criminal Offender in the Criminal Justice System: Phases of Criminal Justice ProcessingA. Legislative Phase

1. Laws passed by state legislatures and the U.S. Congress have an important impact on Corrections especially through the sentencing system.

2. Sentencing laws affect the system, actions, and behaviors of judges and correctional administrators.

3. There are two main types of sentencing systems:

a. Determinate sentencing - mandates that the sentence is fixed at the time of sentencing. Flat sentences and mandatory sentences are types of determinate sentences.

b. Indeterminate sentencing - The sentence is not fixed but there is a minimum and maximum. There is flexibility at the time of release.


B. Entry into the System1. Initial contact is made with the system when

an act makes a person the subject of interest to law enforcement agencies. a. Police may observe a crime; police may be called

to the scene of a crime or a victim may report a crime.

b. Many crimes go undetected, unreported or police may not arrest a suspect.

2. Police make an arrest after investigation and sufficient evidence to identify the violator and justify an arrest.

3. Suspect is taken into custody, interrogated, photographed and fingerprinted.


C. Prosecution and Pre-Trial1. After arrest, the prosecutor receives the case

and evidence. Two decisions are made:a. if charges will be filed b. what charges will be filed.

2. Prosecutor may not prosecute a case for several reasons:a. insufficient evidenceb. witness problemsc. victim behavior and characteristicsd. prosecution caseloads e. decision to try a more serious case pending against

the suspect


3. A grand jury determines if there is enough evidence to justify a trial. a. If the evidence is sufficient to justify the case going to

trial, the grand jury will return a "true bill of indictment."

4. A preliminary hearing is also used during the pre-trial phase to determine if the case should go to trial.a. Attorneys present the case in open court before the judge

who makes a decision about the evidence. b. A finding of "probable cause" indicates that the evidence

is sufficient for the suspect to stand trial.


5. Arraignment a. Defendant appears in court to hear formal

chargesb. Defendant is informed of rights:

the right to trial by jury the right to an attorney protection from self-incrimination the right to confront and cross-examine witnesses.

c. The defendant enters a plea and informs the Court of the desire for an appointed attorney. If the defendant is declared indigent, an attorney will be

appointed.


6. Bail and detention decisionsa. Bail guarantees that the defendant will return

for trial and allows the defendant the freedom participate in his or her defense while awaiting trial.

b. Research has shown that the money bail system discriminates against the poor. The poor often: remain in jail prior to trial, plead guilty more often receive a more severe sentence.

7. Plea bargaining allows cases to move through the court system faster and saves the cost of a trial.a. About 90% of all cases end in a plea bargain

rather than a criminal trial.Copyright © 2015 Kathryn

Morgan. All rights reserved.

D. Adjudication1. Case is presented in Court by prosecuting and

defense attorneys before a judge or jury.2. Evidence is presented and witnesses are

confronted and cross-examined. 3. The judge or jury hearing the case must decide that

the evidence “beyond a reasonable doubt” proves that the defendant did commit the crime. a. the standard of proof must be "proof beyond a reasonable

doubt."4. When the jury cannot reach a decision, it becomes

deadlocked.a. Jury deadlock leaves the case unresolved and open for a

possible retrial.


The full set of PowerPoint slides is available upon adoption. Email [email protected]

for more information.

Documents

Copyright © 2015 Kathryn Morgan. All rights reserved