Chapter 11, Criminal justice

Community Corrections
Also called community-based corrections, is a sentencing style that represents a movement away from traditional confinement options and an increased dependence upon correctional resources available in the community.
Probation
Which is one aspect of community corrections, is “a sentence served hwile under supervisin in the community. Probation is a court-ordered sanction. Its goal is to allow for some degree of control over criminal offenders while using communit programs to help rehabilitate them.
Probation in early times
English courts had established practive of “binding over for good behavior”, in which offenders could be entrusted into the custody of willing citizns
John Augustus
A shoe maker, is generally recognized as the worlds first probation officer.
The Extent of probation
Between 20 to 60% of all pwersons found guilty of crimes are sentenced to some form of probation.
Probation revocation
A court order in response to a violation of conditions of probation, taking away a persons probationary status, and usually withdrawing the conditional freedom associated with the status.
2 types of probation conditions
General condition-apply to all probationers in a given jurisdiction and usually include requirements that the probationer obey all laws, maintain employment, remain within the jurisdiction of the court, possess no firearms, allow the probation officer to visit at home or at work, and so forth.
Specific-Depending upon the nature of the offense, a judge may require that the offender surrender his or her drivers licence, submit at reasonable times to warentless and unannounced searches by a probation officer, supply breath, urine tests. ect.
Parole
Is the supervised ealy release of inmates from correctional confinement.
Parole boards model
1. Grant parole based on their judgements and assessments. The parole boards decisions are termed discretionary parole.2. Statuory decrees produce mandatory parole, with release dates usually near the completion of the inmates prison sentence–minus time off for good behavior and other special consideratins.
While proabation is a sentencing strategy
Parole is a correctional strategy whose primary purpose is to return offenders gradually to productive lives.
The extent of Parole, parole violations
49% of parolees successfully complete parole, while about 26% are returned to prison for parole violations, and 12% go back to prison for new offenses
Parole Conditions
Genderal conditions of parole usually include agreements not to willfully leave the state, as well as a blanket agreement to extradition requests from other jurisdictions. Parolees must also periodically report to parole officers, and parole officers may visit parolees at their homes and places of business–often arriving unannounced.
Parole revocation
The importance of continued employment is typically stressed on parole agreement forms, with the stricture that failure to find employment within 30 days may result in parole revocation.
Federal Parole
Federal parole decisions are made by the U.S. Parole Commission, which uses hearing examiners to visit federal prisons. Examiners typically ask inmates to describe why, in their opinion, they are ready for parole.
Advantages of Probation and Parole
Lower cost
Increased employment
Restitution-payment to victims
Community support
Reduced risk of criminal socialization
Increased use of community services
Increased opportunity fo rehabilitation
Disadvantages of probation and parole
A relative lack of punishment
Increased risk to the community-43 and 46 % of felons commited more crimes when on probation
Increased social costs
Griffin v. Wisconsin
Supreme court ruled that probation officers may conduct searches of a probationers residence without either a search warrant or proabable cause.
Pennsylvania Board of probation V. scott
The court declined to extend the exculsionary rule to apply to searches by parole officers, even where such searches yield evidence of parole violations.
Revocation hearing
Other court cases focus on the conduct of parole or probation revocation hearings. Revocation is a common procedure. Annually, about 22% of adults on parole and 7.5% of thsoe on probation thoughout the U.S have their conditional release revoked.

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

The most frequent violations for which revocation occurs are
1. failure to report as required to a proabtion or parole office
2. Failure to particiapte in a stipulated treatment program
3. alcohol or drug abuse while under supervision.
Mempa v. Rhay
found the Warren Court changing direction as it decleared that both notice and a hearing were required.
Morrissey v. Brewer and Gagnon v. Scarpelli
Morrissey-the Court declared a need for procedureal safeguards in revocation hearings involving parolees. After Morrissey, revocation proceedings would require that 1. The parolee be given written notice specifying the alleged violation 2. Evidence of the violation be disclosed. 3 neutral and detached body constitute the hearing authority 4. the parolee have the chance to appear and offer a defense, including testimony, documents, and witnesses.5. the parolee have the right to cross-examine witnesses. 6. a written statement be provided to the parolee at the conclusion of the hearing that includes the hearing bodys decision, the testimony considered, and reasons for revocking parole, if such occurs
Gagnon v. Scarpelli
Court extended the procedural safeguards of Morrissey. Read more at p.419-420
Federal Rules of Criminal Procedure
Proabation officers who prepare presentence reports must:
–Evaluate the evidence in support of facts
–Resolve certain diputes between the prosecutor and the defense attorney
–Testify when needed to provide evidence in support of the administrative application of sentencing guidelines
–Utilize an addendum to the report which, among other things, deonstrate that the report has been disclosed to the defense attorney, the defendant, and government counsel.
Probation/parole work consists primarily of four functions
1. presentence investigations-Investigating offenders backround to provide to the judge
2. intake procedures–may involve a dispute settlement process during which the probaion officer works with the defendant and victim to resolve the complain prior to sentencing.
3. needs assessment and diagnosis-Diagnosis refers to the psychological inventorying of the probation or parole client, may be done formal or informal.
4. client supervision-Periodic meetings between the officer and the client and an ongoing assessment of the success
Difficulties with the probation or Parole officers Job
The social work model stresses a service role for officers and views probationers and parolees as “clients”. The social work model depicts probation/parole as a “helping profession” wherein officers assist their clients in meeting the conditions imposed upon them by their sentence.
Correctional model
It sees probation and parole clients as “wards” whome officers are expected to control. This model emphasizes community protection, which officers are supposed to achieve through careful and close supervisin. Custodial supervision means that officers will periodically visit their charges at work and at home, often arriving unanounced. It also means that they will be ready and willing to report clients for new offenses and for violations of the conditions of their release.
Another problem for probation/parole officers, caseloads
Caseload-the number of probation or parole clients assigned to one probation or parole officers for supervision.
Another difficulty with probation/parole officers
Lack of opportunity for career mobility
Intermediate Sanctions
They employ sentencing alternatives which fall somewhere between outright imprisonment and simple proabtionary release back into the community. They are also sometimes termed alternative sentencing strategies. The intermediate punishments are intended to provide prosecutors, judges, and corrections officials with sentencing options that permit them to apply appropriate punishments to convicted offeners while not being constrained by the traditional choice between prison and probation.
Split Sentencing
A sentence explicitly requiring the convicted person to serve a period of confinement in a local, state, or federal facility, followed by a period of probation. “ninety days in jail, together with two years of supervised probation, would be a typical split sentence. They are frequently used with minor drug offenders.
Shock Probation and Shock Parole
Resembles split sentencing. Clients must apply for probationary release from confinement and cannot be certani of the judges decision. They get “shocked” when all of a sudden they are released from prison.
Shock Incarceration
Designed for young offenders, utilizes military -style boot campe prison settings to provide a highly regimented program involving strict disciplin, physical traineing, ect.
Mixed Sentencing
Require that offenders serve weekends in jail and receive probation supervision during the week.
Community service
Is more an adjunct to , rather than a type of, correctional sentence. A sentencing alternative that requires offenders to spend at least part of their time working for a community agency
Intensive Supervision
Intensive probation supervision, has been described as the “strictest form of probation of adults in the U.S. It requires a minimum of five face-to-face contacts between the probationer and the supervising officer per week, mandatory curfew, required employment, a weekly check of local arrest records, routine and unannounced alcohol and drug testing, ect.
Home Confinement
AKA house arrest-sentenced imposed by the court in which offenders are legally ordered to remain confined in their own residences. They may leave only to attend medical emergencies, jobs, or buy household essentials.