Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Probation and Intermediate Sanctions
• Chapter 14

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Introduction

• Incarceration is costly and little evidence
  exists of its rehabilitative potential
• Probation is the most common alternative to
  incarceration
• Probation levels are at all time high

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New Forms of Community-based Intermediate
Sanctions

• Fines
• Forfeiture
• Restitution
• Shock probation/split sentencing
• House arrest
• Electronic monitoring
• Intensive probation supervision
• Residential community corrections

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Possibilities of Intermediate Sanctions

• Less costly
• Maintain family and community ties
• Can maximize security and maintain public safety
• Severity scaled to seriousness of crime

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History of Probation

• The roots of probation can be traced back to
  English common law
• Judges granted clemency and stays of execution
• Used judicial reprieves
• Recognizance allowed people to remain free and
  sureties were released offender

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History of Probation Cont.

• John Augustus credited with originating idea of
  modern probation
• 1878, Massachusetts authorizes probation officer
  for the city of Boston
• Probation programs expand to other states and
  federal system

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The Concept of Probation

• Based on premise that average offender is not a
  danger to society
• Can control the prisonalization process and give
  offenders a second chance
• Involves a suspension of sentence with a promise
  of good behavior in return for community
  supervision
• Contract between court and offender

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The Concept of Probation Cont.

• The rules or conditions of probation may be
  revoked
• The sentence is for a fixed period of time

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Awarding Probation

• Probation may be granted by state and federal
  court
• Granted to adult felons and misdemeanors and
  juvenile delinquents
• It is granted by the judge but can be based on
  jury recommendations

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Awarding Probation Cont.

• Statutes may prohibit probation for adults
  convicted of specific crimes
• Most probationary sentences are suspended
  sentences
• Some probation is based on a deferred sentence

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Who is Eligible for Probation?

• May be determined by state statute
• Some states have guidelines for granting
  probation
• 25 of convicted felons are granted probation

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Conditions of Probation

• Treatment and rehabilitation v supervision and
  enforcement
• Court has broad discretion in establishing
  conditions
• May not impose capricious or cruel conditions
• Special conditions
• Drug treatment and testing conditions
• Cooperation with legal authorities (testify
  against others)

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Court Rulings Concerning Revocation Hearings

• Morrissey v Brewer-parolees who violate
  conditions of parole entitled to a formal
  revocation hearing with minimum due process
  requirements
• Gagnon v Scarpelli-probationers and parolees have
  a constitutionally limited right to counsel in
  revocation proceedings
• U.S. v Granderson-upon revocation, original
  sentence stands as though no probation granted

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The Extent of Probation

• 2,000 adult probation agencies
• Most are state-level agencies
• 30 states combine probation and parole into a
  single agency
• 3 million adults under supervision
• 2/3 of those adults under probation supervision
• Characteristics of probationers
• 79.1 male
• 58.3 white
• 28.9 convicted of property offense

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Administration of Probation Services

• Organized with state and local control, combined
  adult and juvenile
• The typical department is situated in a single
  court district
• The chief probation officer is responsible for
  hiring, supervision and training
• Large departments have assistant chiefs
• Line staff or probation officer duties are
  supervise cases, rehabilitate, investigate,
  collect fines, and interview complainants and
  defendants

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Duties of Probation Officers

• Pre-sentence investigation
• Intake
• Diagnosis
• Treatment supervision
• Treatment functions
• Risk classification

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How Successful Is Probation

• Probation is humane, maintains community and
  family ties, and is cost effective
• Most probation orders are successful
• About 80 success rate
• Serious offenders most likely to recidivate
• Rand Corporation study finds 65 rearrest rate
• 17 state analysis finds 62 had disciplinary
  hearing or rearrest, murderers and rapist lease
  likely to recidivate, and drug abusers have
  higher rearrest rate

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The Future Of Probation

• Continues to be most popular alternative sentence
  because of flexibility, alleviates prison
  overcrowding, is cost effective
• Future trends include imposition of probation
  fees and use as a restrictive correctional
  alternative as part of an intermediate sanctions
  scheme

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Intermediate Sanctions

• Probation plus programs
• Intensive probation supervision
• House arrest
• Shock probation/ split sentences
• Electronic monitoring
• Residential community corrections
• Restitution orders

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The Advantages Of Intermediate Sanctions

• Cost effectiveness
• Alleviate prison overcrowding
• Fair, equitable and proportional
• The ladder of scaled punishment

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What Populations are Targeted for Probation?

• Convicted criminals normally sent to prison who
  have
• Low recidivism risks
• Little threat to society
• Half way back populations

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Fines

• Monetary payments imposed on the offender
• Most commonly used in misdemeanors and lesser
  offenses
• Used in felonies where offender benefited
  financially
• Often used in combination with other sanctions
• Payments may include court costs, public defender
  fees, probation and treatment fees, and victim
  restitution

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Fines Cont.

• Many offenders fail to pay fines
• Day fines
• The New York Experience
• Severity of punishment geared to the offenders
  ability to pay
• Are fines effective?
• Little judicial standardization or guidance in
  use of fines
• Tate v Short-incarcerating a person who is
  financially unable to pay a fine discriminates
  against the poor

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Forfeiture

• Criminal forfeiture (in personam) and civil
  forfeiture (in rem)
• Seizure of goods and instrumentalities related to
  the commission or outcome of a criminal act
• During Middle Ages forfeiture of estate
  convictions under the corruption of blood
  doctrine
• Racketeer Influenced and Corrupt Organizations
  Act 9RICO) and Continuing Criminal Enterprises
  Act (CCE) are described
• Criticism of zero tolerance practices

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Restitution

• Pay back victims of the crime or serve community
  to compensate for act
• Restitution is ordered in about 30 of probation
  cases, 60 paid in full in three years, and
  something paid in 11 of remaining cases
• Community service to public institution
  guidelines discussed
• Research gives it a qualified success rating
• Critics argue that it widens the net of social
  control

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Shock Probation and Split Sentencing

• Both programs grant community release after
  sampling prison life
• Prison is meant to shock them into law abiding
  behavior
• Split sentencing programs make jail term a
  condition of probation

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Shock Probation and Split Sentencing Cont.

• Shock probation involves re-sentencing after a
  short prison term
• Re-sentencing usually occurs within 90 days of
  incarceration
• Shock incarceration may link a boot camp
  experience to short prison stay

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Criticisms and Praise for Each Program

• Reintegrate offender quickly back into community
• Reduces prison populations
• Even short prison term stigmatizes the offender

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Intensive Probation Supervision

• Implemented in about 45 states with more than
  50,000 clients
• Small, 15-40 client caseloads
• Goals are diversion, control and reintegration

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Intensive Probation Supervision Cont.

• Georgias program includes
• 5 face to face contacts a week
• Mandatory community service
• Curfew
• Employment
• Weekly records check
• Automatic notification of arrest
• Routine drug and alcohol testing

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How effective is Intensive Probation Supervision?

• Evaluations indicate programs are generally
  successful
• Failure rates may be quite high
• May be no better than traditional probation

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House Arrest

• Offender required to spend extended periods of
  time in their own home as an alternative to
  incarceration
• Administration varies greatly
• Surveillance by probation department or court
  appointed surveillance officers
• Little available research on effectiveness
• Criticized for having little deterrent effect

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Electronic Monitoring

• Often used to insure compliance with house arrest
• EM programs have been around since 1964
• Two basic types of technology
• Active types continuously send signal to central
  office
• Passive types involve random phone calls
  generated by computers

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Electronic Monitoring Cont.

• Does EM work?
• Considered to be capital rather than labor
  intensive
• Recidivism rates similar to traditional
  supervision programs
• Costs are lower

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Electronic Monitoring Cont.

• The limits of EM
• Current technology is limited
• Initial cost outlay and other expenses make it 4x
  more than traditional probation
• Lack rehabilitation effect
• Lack deterrence
• Widens the net of justice
• Out of step with values on privacy and liberty

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Day Reporting Centers

• Facilities service nonresidential clients
• Provide supervision and treatment programs
• Few efforts made to evaluate effectiveness
• Preliminary evaluations are dismal

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The Future of Intermediate Sanctions

• Intermediate sanctions can address the dual
  concerns of control and economy
• May be no more effective in reducing recidivism
  than traditional probation
• May result in more technical violations and
  revocations
• Market basket of community corrections approach
• Tailor combinations of intermediate sanctions t
  individual offenders

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The End