CC Ch 7

Community Corrections

Probation and Intermediary Sanctions

  • Chapter 7

The Origins of Probation

Key Terms

  • Probare: Latin term meaning to prove or test; foundational to the concept of probation.

  • Conditional Release: An approach to legal punishment allowing for community re-entry, primarily via probation.

Historical Context

  • Approximately 90% of criminal sentences are served through probation, contrasting with imprisonment, which is more modern and costly.

  • The Punishment and Enlightenment Period highlighted a shift from barbarity to a focus on contemplation for rehabilitation.

Historical Development

Judicial Reprieve

  • Early American courts utilized judicial reprieve, permitting conditional release for those already convicted and awaiting trial.

  • Initially focused on those released on recognizance.

John Augustus

  • A Boston cobbler who created the first structured probation system in the 1840s.

  • Developed a model where he supervised selected offenders at home and supported their reform efforts.

Legislative Milestones

  • Massachusetts authorized the hiring of salaried probation officers in 1878.

  • The Ex Parte United States [Killits] decision in 1916 led to the National Probation Act of 1925, allowing judges to suspend sentences for probation placements.

Offender Demographics and Statistics

General Statistics (2015)

  • 3,789,800 adult Americans on probation (1 in 61 adults).

  • 1,966,100 new entries into probation; 2,043,200 exits from the system.

Demographic Breakdown

  • Males: 75% of the adult probation population.

  • 55% were white, 30% black, 13% Hispanic, 4% classified as ’other’.

Community Corrections Rationale

Definition and Public Perception

  • Community corrections involve rehabilitative measures allowing offenders to serve their sentences in society.

  • Viewed by the public as “soft on crime”; perceptions differ between experienced offenders and those new to the criminal justice system.

Benefits

  • Provides alternatives to incarceration, lessening prison overcrowding.

  • Enhances rehabilitation through community ties.

The Role of Probation Officers

Responsibilities

  • Dual role: 1) Protect the community; 2) Assist probationers to become law-abiding citizens.

  • They act as law enforcement officers and social workers, depending on the clientele's legal status.

Legal Authority

  • Officers enforce court orders, monitor program adherence, and may conduct arrests and searches if necessary.

  • They are often required to appear in court regarding their cases.

Models of Supervision

Effectiveness and Challenges

  • Effectiveness of supervision varies from dismal to outstanding.

  • Challenges include building trust with a predominantly minority clientele while most officers are from a white middle class background.

Different Models of Supervision

  • Law Enforcement Role: Emphasizes strict compliance, holding offenders accountable.

  • Social Worker Role: Focuses on helping offenders change their behavior, allowing for some leniency.

  • Hybrid Role: An authoritative blend of both approaches according to departmental policies and individual officers.

Probation Violations and Sanctions

Trends

  • Economic pressures may lead to cost-cutting measures utilizing evidence-based research.

  • Officers have discretion on whether to initiate probation violations which subsequently must be presented to a judge.

Probation Officer Stress

Nature of the Job

  • Often not lucrative and involves daily challenges with difficult individuals.

  • Job demands can lead to high stress, absenteeism, and turnover rates.

Research Findings

  • Finn and Kuck (2005): Analysis of job-related stress in different states.

  • Slate et al. (2003): Identified primary job stressors, emphasizing that stress management should be organizational.

Engaging the Community

Community Involvement

  • Historical focus on community effort that has diminished with professionalization, but still strong in some countries like Japan.

Importance of Social Bonds

  • Social Bonds (Hirschi, 1969) and Social Capital (Sampson and Laub, 1999) serve as preventative measures against recidivism.

  • Essential for effective case management, requiring officers to assess client needs and network with community resources.

Intermediate Sanctions

Definition and Implementation

  • Innovative alternatives to prison sentences that are less punitive than incarceration but more than standard probation.

  • Aim to reduce prison overcrowding while ensuring safety in communities.

Specific Intermediate Programs

1. Work Release

  • Maintains employment opportunities for offenders under structured surveillance, reinforcing community ties and reducing costs.

2. Intensive Supervision Probation (ISP)

  • Focus on limited clientele with reduced caseloads for closer supervision to enhance compliance.

3. Shock Probation/Parole

  • Introduced in Ohio, designed to deter future offenses by exposing offenders briefly to prison conditions.

4. Correctional Boot Camps

  • Military-style correctional facilities aimed at discipline and reform.

  • Evaluations on effectiveness, such as those by May et al. (2005) and Botcher and Ezell (2005).

Victim-Offender Reconciliation Programs (VORPs)

Program Outline

  • Focused on reconciling offenders and victims to address wrongs, integral to the restorative justice philosophy.

  • Encourages fairness and justice as defined by victims themselves.

Outcomes

  • Offers offenders insight into victims' feelings, often employed in juvenile systems; less in violent crime cases.

  • Mixed results on effectiveness and satisfaction from participants based on Umbreit (1994) research.

Resources for Further Learning

  • Access online resources including quizzes, eFlashcards, journal articles, and multimedia resources at edge.sagepub.com/stohressentials3e.