Unit #8

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL

By Frank Schmalleger ©2007 Pearson Education, Inc. 1

Unit #8

Genome Sequencing in Agriculture

Constructing a Heartier Crop in Aired Climates

OrBuilding a Better Bud!



I was sure I had it correct this week!!





Probation, Parole, and Community Corrections

Uni

t 8

Which is where you end up if you do grow, sell, or

use “Bud”



What’s Due This Week?

This week (Unit), you will be completing the following assignments:

• The Unit #8 Discussion Board• The Unit #8 Quiz• The Unit #8 Live Seminar or the 300-word

Alternate Essay Assignment


by Frank Schmalleger ©2007 Pearson Education, Inc.

What’s Due Next Week?Unit #9

Graded items: • The Unit #9 Final Essay Paper

• The Unit #9 Seminar



Unit 9 final essay paper The US correctional system can serve two specific

functions in relation to criminal offenders.

First, it can serve as a tool for punishing the offender and making the offender pay for his/her crimes.

Second, it can serve as a means to rehabilitating the offender and preparing him/her for successful reentry into society.



Unit 9 final essay paper cont. Assignment

Write a 3-page paper that answers all 3 of the following questions:

1. How does our correctional system punish offenders?

2. How does our correctional system rehabilitate offenders?

3. Which method is more effective in reducing crime,

punishment or rehabilitation? Explain your choice.



Unit 9 final essay cont. You are required to use at least 2

references for this paper. One reference can be your text from this class and the other reference should come from the Kaplan library. Be sure to list your sources on your reference page. Wikipedia is NOT an acceptable reference.



Unit 9 final essay cont. Your paper must follow this format:

Page 1 – Cover page

Pages 2, 3 and 4 – Body of text

Page 5 – Reference page

Please remember to write a full 3 pages for your body of text. Your paper should be written in Times New Roman size 12 font and double

spaced.





Community Corrections

Also known as community-based corrections, community corrections:

Refers to a wide range of sentences that depend on correctional resources available in the community. Permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence.



Community Corrections

Examples include the following: Probation Parole Home confinement Electronic monitoring



Probation

A sentence of imprisonment that is suspended; instead, the sentence is served while under supervision in the community. This is conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior.



History of Probation

English Roots:

In the 1400s, English courts began the practice of “binding over for good behavior,” in which offenders were placed in the custody of willing citizens.



History of Probation

In the U.S.:

The first probation officer was John Augustus (1784-1859), a Boston shoemaker who observed court proceedings and volunteered to take home drunkards. He supervised over 2,000 offenders.

In 1878 Massachusetts enacted a statute that provided for the first paid probation officer. By 1925, all states and the federal government had similar legislation.



The Extent of Probation

Probation is the most commonly used form of sentencing. 20-60% of guilty individuals are placed on probation. The number of offenders supervised yearly on probation increased almost 300% since 1980. Today, there are over 3.9 million people on probation. States vary with regard to extent of use. Even violent offenders may receive probation.



Offenders Under Correctional Supervision in the U.S. by Type of Supervision



Percentage of Convicted Felony Offenders Receiving Probation



Probation

In 2002, of the nearly 2 million adults on probation:

More than 3/5 met the conditions Approximately 13% were incarcerated 3% absconded 11% had probation revoked without being ordered to serve time



Probationers must abide by court-mandated conditions or risk probation revocation.

There are two types of conditions: general and specific.

Probation Conditions



Probation Conditions

General ConditionsApply to all probationers within the jurisdiction.

Examples: Obey lawsMaintain employmentRemain within jurisdictionAllow probation officer to visit home or work placePay court ordered fines

Specific ConditionsJudge-mandated for the specific probationer.

Examples: Surrender driver’s license Pass GED testDo community serviceCurfewComplete a treatment plan



There are approximately 4,000 federal probation officers.

Though they have the statutory authority to arrest probationers for a violation, officers are encouraged to obtain an arrest warrant and have it executed by the U.S. Marshals.

Some probation officers carry weapons.

The Federal Probation System



Parole

… the status of an offender conditionally released from prison by a paroling authority prior to the expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.



Parole

Strategy for prisoner reentry: The managed return to the community of individuals released from prison.



Parole vs. Probation

ParoleOffenders spend time incarcerated before release.Parole is an administrative decision made by paroling authority.Parolees must abide by conditions or risk revocation.

ProbationProbationers generally avoid prison time.

Probation is a sentencing decision made by a judge.

Probationers must abide by conditions or risk revocation.



Parole Decision-Making Mechanisms: Two Approaches

Parole Boards

Grant discretionary parole based on judgment and assessment by parole board.

Statutory Decrees

Produce mandatory parole, with release date set near sentence end, minus good time.

* More common



States That Have Eliminated Parole Boards



Extent of Parole

There’s a growing reluctance to use parole. Most states use mandatory release. About 91% of parolees are released via mandatory release. In 2004, 753,140 offenders were on parole. States vary considerably in their use of parole.



Extent of Parole

Of all parolees: 42% successfully complete parole. 26% return to prison for violations. 12% return to prison for new violations.



Similar to probation conditions General and special conditions Examples of conditions include

stipulations that parolees must Periodically report to parole officerMaintain employmentPay fines and restitutionSometimes pay a “parole supervisory fee”

Parole Conditions



An administrative action Removing a person from parolee

status in response to a violation of lawfully required conditions of parole.

Parole Revocation



Federal Parole

Federal parole decisions are made by the U.S. Parole Commission. Commissioners consider an inmate’s readiness for parole. The U.S. Parole Commission must be periodically recertified by Congress.



Advantages and Disadvantages of Probation and Parole

AdvantagesLow costIncreased employmentRestitutionCommunity supportReduced risk of criminal sanctionsIncreased use of community servicesBetter rehabilitation opportunities

DisadvantagesRelative lack of punishmentIncreased risk to communityHigher social costs

35

The Legal Environment



Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without a search warrant or probable cause.

Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

Griffin v. Wisconsin (1987)



Supreme Court declined to extend the exclusionary rule to searches done by parole officers.

Pennsylvania Board of Probation and Parole v. Scott (1998)



Expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances.

U.S. v. Knights (2001)



Revocation hearing—a hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation.

Annually, about 16.5% of parolees and 2.2% of probationers have their conditional release revoked.

Most revocations stem from these violations: Failure to report to probation or parole officer Failure to participate in a stipulated treatment program Alcohol or drug abuse while under supervision.

Revocation Hearings



U.S. Supreme Court held that inprobation revocation decisions bothnotice and a fair hearing are requiredand probationer must have theopportunity to be represented bycounsel.

Mempa v. Rhay (1967)



U.S. Supreme Court held that parole revocationproceedings require the following:1. Written notice of specific alleged violation2. Disclosure of evidence of violation3. An impartial hearing body4. Opportunity to offer a defense5. A right to cross examine witnesses6. A written statement of the outcome

Morrissey v. Brewer (1972)



U.S. Supreme Court held that probationersare entitled to two hearings.

1. A preliminary hearing to determine whether or not probable cause exists.

2. A more comprehensive hearing prior to the final decision about revocation.

Those hearings were to be done under theconditions specified in Morrissey.

Gagnon v. Scarpelli (1973)



Parole boards do not have to specifythe evidence used in deciding to denyparole.

Greenholtz v. Nebraska Penal Inmates (1979)



Probation cannot be revoked forfailure to pay a fine and makerestitution if it could not be shownthat the defendant was responsiblefor the failure…alternative forms of punishment must be considered before imposing a prison sentence.

Bearden v. Georgia (1983)



A probationer’s incriminatingstatements to a probation officer may be used as evidence if the probationer does not specifically claim a right against self-incrimination.

Minnesota v. Murphy (1984)



The Job of Probation and Parole Officers

Job Functions1. Presentence investigations

2. Intake procedures3. Needs assessment/diagnosis4. Supervision of clients

Job Challenges1. Balancing conflicting roles2. Caseload3. Frequent lack of opportunities for

upward mobility

47

Intermediate Sanctions



The use of non-traditional sentences in lieu of imprisonment and fines.

These sentences offer alternatives that fall somewhere between simple probation and outright incarceration.

Also called alternative sentencing strategies.

Intermediate Sanctions



Examples include: Split sentences Shock probation/parole Shock incarceration Mixed sentences and community service Intensive supervision Home confinement and electronic monitoring

Types of Intermediate Sanctions



There are three distinct advantages: Less expensive, per offender, than prison They are “socially cost effective” Provide flexibility in terms of resources, time,

and place

Advantages of Intermediate Sanctions



Split Sentencing

… a combination of brief incarceration followed by probation.

Frequently used for minor drug offenders.



Shock Probation/Parole

Offender is sentenced to prison and is allowed to apply for probationary release. Offender usually does not know if he will be released and expects to serve a long prison term. Shock parole is similar, but the decision is administrative rather than judicial.



Shock Incarceration:

Makes use of “boot camps” to demonstrate reality of prison life. Mainly used for first time offenders. Boot camps involves strict discipline and physical training. Programs typically last from 90-180 days. “Failures” return to general prison population. Though they appear “tough on crime,” research shows recidivism rates to be negligible.



Mixed sentencing—a sentence that required that a convicted offender serve weekends in a confinement facilities while undergoing probationary supervision in the community.

Other types of mixed sentences involve participating in treatment of community service.

Community service—requires offenders to spend time working for a community agency. Services can include washing of police cars, cleaning graffiti, and refurbishing public facilities.

Mixed Sentencing and Community Service



Form of probation that requires frequent face-to-face contact with probation officer

Mandatory curfew Employment required Frequent check of local arrest records Unannounced drug testing

Intensive Supervision



Sometimes called “house arrest.” Individuals ordered confined to their homes. Sometimes electronically monitored using remote

location monitoring. Often, people are allowed to leave during work

hours, and may also leave during an emergency. Frequently used with some pregnant women,

geriatric offenders with special needs, the terminally ill, and other special offender categories.

Use of electronic monitoring is increasing.

Home Confinement and Electronic Monitoring





Criticized by many citizen groups, academics, some government officials, and even some prisoners.

“Get tough” attitudes have resulted in a decreased use of probation and parole.

Parole advocates caution that eliminating parole can lead to public safety issues and wasting tax dollars.

Some jurisdictions are moving toward a system of reentry courts with judges acting as reentry managers.

Future of Probation and Parole



Reinventing probation and parole means that we must address:

Problems with risk assessment Increased recidivism rates Inadequate supervision of probationers

and parolees

Reinventing Probation and Parole

Documents

Unit #8