Criminal Justice Chapter 4

Probation

A criminal sentence (generally issued by a judge or, when authorized, a jury) entailing the conditional release of a convicted offender into the community under the supervision of the court

Parole

The early release of a prisoner from imprisonment, subject to conditions set by a parole board

Most common forms of sentencing

Most common forms of sentences

What does probation do?

• Gives offenders a second chance

• Allows offenders to receive rehabilitative treatment

• Saves scarce tax dollars that might be used for incarceration

Probation agencies in the U.S.

• About 2,000 agencies in the U.S

• Half are administered from the state level

• Half administered from the county or municipal level

Judges issued…

judicial reprieve to allow convicts to seek mercy/clemency from harsh punishment

Dates back to middle ages

Periodic community release of convicted persons

John Augustus probation

•Boston, originated modern concept of probation

•Release was not for purpose of seeking mercy

•Release was for purpose of treatment/correction

•1878 probation as punishment adopted by Massachusetts Legislature

•By 1900 most states adopted probation

Judge awards probation to a defendant

Contract between offender and court is established

Judge sets probation rules

Conditions/restrictions are mandated by the court to which defendant must agree to obey

Supervision

Once on probation, the defendant is usually monitored by a probation officer to ensure compliance with probation conditions/restrictions

Types of Probation

•Direct sentence to probation

•Suspended sentence

•Split sentences

Suspended sentence probation

delayed while serving probation, does not need to serve prison time

Split sentence probation

required to serve a certain time in prison, the rest on probation

Probation revocation

Failure to abide by the conditions/restrictions can result in the revocation of probation and incarceration; some instances, probations may continue under tighter conditions

Suspended sentence revocation

A sentence to jail/prison, but defendant allowed to remain in community if he/she complies with conditions

Failure to comply with suspended sentence revocation

May result in immediate revocation to serve the full jail/prison sentence

Presentence Investigation

Investigation conducted by a probation officer to determine whether the convicted offender is a good candidate for probation. Results of the investigation are provided to the judge prior to sentencing

Intake/Diagnosis-Treatment plan/Risk classification

Probation officer reviews the courts’ referral to probation. Conducts an initial interview of the defendant and determines appropriate supervision/treatment plan

Supervision

Probation officer implements to probation plan to ensure conditions of probation are followed

Treatment

Probation staff carry out a therapy program to help clients deal with problems that are suspected of being the cause of their antisocial behavior.

Administration of probation services

•Depends on the state

•State administered

•Locally administered

•Combined with parole services

Who performs the supervision?

Probation officers

Probation officer (Social worker) approach

Rehabilitation approach

Probation officer (law enforcer) approach

Strict approach

Probationer surrender rights

Probationer residence can be searched without a court-issued warrant. What they tell their probation supervisor/officer is NOT confidential

Probationer retain certain rights

• Entitled to counsel

• Cannot revoke probation for failure to pay a fine or restitution

• Revoked probationer cannot be given a longer sentence that the original suspended sentence

Is probation effective

Mostly, yes

Fines

Monetary punishment levied on offender

Forfeiture

Seizure of personal property by government as a civil/criminla penalty

Shock of probation

Offenders serve a short prison term before they begin probation to give them a taste of what prison could look like

Split sentencing

Requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community on probation

Severe intermediate sanctions that are short of incarceration

• Intensive probation supervision

• House arrest

• Electronic monitoring/GPS

• Residential community corrections

Intensive probation supervision

•Involving small probation caseloads and strict monitoring on a daily basis

•Control – closer scrutiny of high-risk offenders

•Promotes reintegration – offenders maintain community ties.

•Reduces prison population by permitting monitoring of individuals who might normally be imprisoned

Resorative justice

Involves the victim, offender and society

•Concept: all crimes harm the community and repair, accountability and healing is needed

•Requires: Recognition and acceptance of responsibility and commitment to reparation