Criminal Justice Notes Exam III - Fall 2007

Criminal Justice Notes Exam III - Fall 2007 - Criminal...

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Criminal Justice Notes – Exam 3 Chapter 12 – Community Sentences: Probation, Intermediate Sanctions and Restorative Justice Probation A criminal sentence mandating that an offender be placed and maintained in the community Subject to certain rules and conditions Philosophy of Probation o The average offender is not actually dangerous o Institutionalization prohibits successful adjustments to behavior o Even dangerous offenders can be rehabilitated in the community given the proper balance of supervision, treatment and control Probation numbers o Approximately 2,000 probation agencies nationwide o Almost 30 states combine probation and parole supervision into a single agency o Almost 4 million people are currently on probation Number has grown almost 2% each year since 1994 Probation rules o Probationers are subject to a set of probation rules or conditions mandated by the court o Violation of these conditions may result in revocation of probation requiring the original sentence to be served o Examples of probation rules: Requirement to enroll in an anger management or drug treatment program Make a personal apology to the victim Have no contact with his or her ex-spouse Conditions of Probation o Standard conditions apply to all offenders in a jurisdiction o Special conditions are required on a case-by-case basis – substance abuse treatment o Conditions must serve to either protect society or rehabilitate offender o Cannot be capricious or cruel Legal Rights of Probationers o Entitled to fewer constitutional protections o Some rules on self-incrimination before a probation officer do not apply o Rules on search and seizure are not always the same How successful is probation? o Most commonly used alternative sentence o Less expensive than incarceration o 30 to 40 percent fail on probation – most for technical violations of rules o Recidivism rate is less than those sent to prison o People with stable home environment and employment are most likely to succeed o Those with a prior criminal history, prior probation, and previous incarcerations are most likely to fail o Males convicted on sexual offenses appear to do well on probation Intermediate Sanctions Add additional sanctions to traditional probation sentences May include monetary fines, intensive supervision, house arrest, electronic monitoring, restitution, shock probation, etc. Advantages of Intermediate Sanctions o Allows judges to fit punishment to the crime without resorting to a prison sentence
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o Believed to be cost effective alternatives to incarceration o Can serve the needs of a number of offender groups to reduce overcrowding in jails/prisons o Can be used as halfway back strategies for those who violate conditions of probation or parole Fines o Monetary punishment o Used more often in lesser offenses or when financial profits were high o Fines may discriminate against the poor o Many fines go uncollected o Day fines:
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Criminal Justice Notes Exam III - Fall 2007 - Criminal...

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