Chapter 12 Notes
Chapter 12: Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice
The Concept of Probation
Probation suspends a prison/jail term, using community supervision under court guidance (probation officer).
Offenders follow specific conditions for a period, based on the idea they can reform.
Avoiding negative labels is key for rehabilitation, reducing re-offense likelihood.
Community Sentencing
Community sentencing (including probation) is common and cost-effective for non-dangerous offenders to rehabilitate in the community.
Aims to make offenders understand their impact on family and community.
Advantages: Lower costs, family/community ties, public safety, scaled severity, reintegration, and second chances.
Community-based drug treatment reduces felony arrests by 22% in Florida, unlike costlier prison-based treatment.
The History of Community Sentencing
Probation's roots trace to English common law where judges granted clemency.
Judicial reprieve: suspended punishment for offenders to gain pardon/evidence/reform.
Recognizance: offenders remained free by owing debt to the state for future crimes.
John Augustus (Boston) originated modern probation from 1841, supervising ~2,000 offenders with high success.
Massachusetts formalized probation in 1878, spreading to other states and the federal government by 1925.
Probation became the most used correctional mechanism in the U.S.
Contemporary Probation Services
Probation has grown; about 4 million people are on probation (1 in 61 U.S. adults).
Over 2 million people are placed on and exit probation annually.
Probation prevents correctional system overcrowding and high costs.
Conditions of Probation
Probation involves a contract where a suspended term requires obeying court-mandated rules.
Violations (technical or legal) can revoke probation, enforcing the original sentence.
revocation
Rule violations lead to incarceration for almost 10% of probation exits, causing overcrowding and costs.
Conditions vary; some are standard, but judges set specific ones case-by-case.
Conditions cannot be capricious, but tailored restrictions protect society.
Internet use can be monitored; restrictions must balance user rights and safety.
Awarding Probation
Probation granted by state/federal district and state superior courts, not limited to petty crimes.
About 30% of felony convictions result in probation.
Judges have final say, guided by state guidelines, and can directly sentence to probation without suspension in over half the cases.
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Sentences include suspended terms (20%), split sentences (10%), or suspended imposition (10%).
Probation terms vary; misdemeanors match jail sentences, felonies are shorter than suspended prison terms.
Typical felony probation is 31-35 months.
Administration of Probation Services
The U.S. has ~2,000 adult probation agencies, mostly state-level.
Some states combine probation/parole, and some privatize supervision.
Local administration is responsive, while state-administered systems ensure standards and efficiency.
Probation staff supervise cases, create treatment plans, conduct sentencing investigations, and sometimes conduct intake hearings.
POs vary: some are “social workers” focused on treatment, others are “law enforcers” focused on control.
Duties of Probation Officers
Probation officers handle investigation, intake, diagnosis, treatment supervision, and risk classification.
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Investigation: Gathering offender background for sentencing and treatment.
Intake: Settling cases without court via equitable resolutions between parties.
Diagnosis: Analyzing probationer's character and problems.
Treatment Supervision: Linking clients to therapy programs.
Risk Classification: Assessing community risk to assign supervision levels.
Legal Rights of Probationers
Civil Rights: Probationers have fewer rights than other citizens.
Cases: Minnesota v. Murphy (no confidentiality), Griffin v. Wisconsin (warrantless search OK), United States v. Knights (warrantless search for evidence OK).
Revocation Rights: Violations can revoke probation.
Cases: Mempa v. Rhay (right to counsel), Morrissey v. Brewer (due process for parolees), Gagnon v. Scarpelli (limited right to counsel for probationers/parolees), Beardon v. Georgia (cannot revoke for failure to pay), United States v. Granderson (clarified revocation consequences).
How Successful is Probation?
Almost 65% of probationers succeed; failures involve incarceration, rule violations, or absconding.
Most revocations occur in the first 3 months for technical violations.
Probation includes convicted felons.
What Causes Probation Success and Failure?
Stability (marriage, local residency, employment) helps.
Offense histories matter; substance abuse is a negative indicator, sexual offenses surprisingly positive.
Employed, educated, married women tend to complete probation.
The Future of Probation
Concerns: shift from treatment to risk management.
Needs: more resources, improved credibility, public/judicial support.
Initiatives: probationer fees, community engagement, specialized probation, privatization.
Other Alternatives to Imprisonment
Alternatives: fines, restitution, forfeiture.
Advantages of Intermediate Sanctions
Intermediate sanctions offer cost benefits, equitable sentences, increased control, reduced overcrowding, and use with different offenders.
Fines
Fines derive from common-law compensation to victims/state.
Common in Europe, even for serious crimes.
In the U.S., mostly for misdemeanors.
Day fines (Finland/Sweden) link fines to income.
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Forfeiture
Forfeiture (criminal/civil) takes profit out of crime by seizing related goods.
Criminal (in personam) forfeiture requires conviction; civil (in rem) does not.
Restitution
Restitution involves paying victims (monetary) or community service.
Rated as a qualified success.
Shock Probation and Split Sentencing
These give offenders a taste of prison before community release to deter crime.
Intensive Probation Supervision
IPS involves small caseloads (15-40) with close officer supervision.
Failure/rearrest rates can be high.
House Arrest/Electronic Monitoring
House arrest requires arrestees to stay home during assigned times.
Residential Community Corrections
Facilities house offenders at night while allowing work/school/treatment during the day.
Aims to reintegrate inmates into the community.
Restorative Justice
*Crime experts believe that, ironically, rather than reducing crime and recidivism, policies based on “getting tough on crime