CHP: 14

Community Service

1) A sentence requiring the offender to perform a certain amount of unpaid labor in the community. 2) including assisting in social service agencies, cleaning parks and roadsides, and helping the poor. 3)The sentence specifies the number of hours to be worked and usually requires supervision by a probation officer 4) Judges can tailor community service to the skills and abilities of offenders 5)public exposure may also have a "shaming" function of embarrassing people who can be seen publicly by their friends and neighbors as they fulfill the visible requirements of a criminal sentence.

Home Confinement

1) A sentence requiring the offender to remain inside his or her home during specified periods. 2)Offenders under home confinement (often called "house arrest") may face other restrictions such as the usual probation rules against alcohol and drugs as well as strictly monitored curfews and check-in times. 3) Some offenders are allowed to go to a place of employment, education, or treatment during the day but must return to their homes by a specified hour 4) It can be imposed at almost any point in the criminal justice process: during the pretrial period, after a short term in jail or prison, or as a condition of probation or parole. 5) relieves the government of the responsibility to provide the offender with food, clothing, and housing, as it must do in prisons. 6)Many crimes—child abuse, drug sales, and assaults, to name a few—commonly occur in offenders' residences

Fines

1) A sum of money to be paid to the government by a convicted person as punishment for an offense. 2)routinely imposed for offenses ranging from traffic violations to felonies. 3)$1 billion in fines have been collected annually 4) u.s- sole punishment for crimes more serious than motor vehicle violations. 5)typically are used in conjunction with other sanctions, such as probation and incarceration—for example, two years of probation and a $500 fine 6)are used extensively in Europe, are enforced, and are normally the sole sanction for a wide range of crimes

Assessing Probation

1) At the end of 2009, data showed that 55 percent of probationers were serving their punishments for committing felony offenses—an increase from 52 percent in 2000

Intermediate Sanctions in the Community

1) Dissatisfaction with the traditional means of probation supervision, coupled with the crowding and high cost of prisons, has resulted in a call for intermediate sanctions 2)are sanctions that restrict the offender more than does simple probation and that constitute actual punishment for more-serious offenders 3)We can view intermediate sanctions as a continuum—a range of punishments that vary in levels of intrusiveness and control, 4)A sentence to probation is often tied to additional intermediate sanctions such as community service, restitution, and alcohol or drug treatment 5)may be imposed in combination—for example, a fine and probation, or boot camp with community service and probation.

How does intensive supervision probation differ from traditional probation?

1) In ISP the offender is required to make stricter and more-frequent reporting to an officer with a much smaller caseload.

What is the main argument for intermediate sanctions?

1) Judges need a range of sentencing options that are less restrictive than prison and more restrictive than simple probation.

Who was John Augustus and what did he do?

1) A Boston boot maker who became the first probation officer by taking responsibility for a convicted offender before sentencing; called the father of probation.

community justice

1) a philosophy that emphasizes restorative justice reparation to the victim and the community, problem-solving strategies instead of adversarial procedures, and increased citizen involvement in crime prevention 2)A model of justice that emphasizes reparation to the victim and the community, approaching crime from a problem-solving perspective, and citizen involvement in crime prevention.

Restitution

1) is repayment by an offender to a victim who has suffered some form of financial loss from the crime. 2)It is reparative in that it seeks to repair the harm done. 3) offender was ordered to pay the victim or do the victim's work. 4)derives from informal agreements between the police and offenders at the station, during plea bargaining, or in the prosecutor's sentence recommendation. 5)since the late 1970s has restitution been institutionalized, usually as one of the conditions of probation. 6) is more easily imposed when the "damage" inflicted can be easily measured—value of property stolen or cost of medical care after a criminal assault, for instance.

From 1995 to 2012, the number of Americans under community supervision grew from 3.7 million to

4.8 million

What are some of the problems of home confinement?

Home confinement may violate the Fourth Amendment's protections against unreasonable searches, monitoring devices have technical problems, and failure rates are high because offenders cannot tolerate home confinement for very long.

Which is true concerning intermediate sanctions?

Judges use a range of intermediate sanctions requiring varying levels of control over offenders.

The U.S. Supreme Court ruled that home confinement violates the right to privacy.

false

The first statewide system of probation was in Delaware in 1880.

false

The United States court system calculates that the cost of incarcerating a federal prisoner in a Bureau of Prisons facility is

1) $28,948 per year, while the cost of supervising that individual in the community is $3,347 per year—a savings of $25,601 per prisoner per year

What is meant by a continuum of sanctions?

1) A range of punishments reflecting different degrees of intrusiveness and control over the offender.

Organization of Probation

1) As a form of corrections, probation falls under the executive branch-a concern of state government 2) about 25 percent of the states, probation falls to county and local governments 3)in many states it is administered locally by the judiciary. 4)about two-thirds of all people under probation supervision are handled by locally administered programs. 5) locally elected county judges are in charge 6)Judicially enforced probation seems to work best when the judge and the supervising officer have a close relationship.

ChalleNGe programs

1) At no cost to teens and their families, high school dropouts can enroll in military-style programs that include tough discipline, uniforms, marching, full days of academic classes, and rigorous physical exercise 2)intended to instill discipline in troubled teens while helping them to earn high school diplomas

What are some typical activities at a boot camp?

1) Boot camps maintain a spit-and-polish environment and strict discipline; involve offenders in physical activity; and provide educational, vocational, and rehabilitative services.

Stronger nets

1) By intensifying the state's intervention powers, reforms augment the state's capacity to control individuals.

What are three problems in the implementation of intermediate sanctions?

1) Deciding which agencies should implement the sanctions 2) deciding which offenders should be admitted to these programs, and 3) the possible widening of the community corrections net.

How many clients can one officer effectively handle?

1) In the 1930s the National Probation Association recommended a 50-unit caseload, and in 1967 the President's Commission on Law Enforcement and Administration of Justice reduced it to 35 2)today the national average for adult supervision is about 150, but some urban caseloads exceed 300. 3)The oversized caseload is usually cited as one of the main obstacles to successful probation

What are some of the problems of implementing these sanctions?

1) Most offenders are poor and cannot pay, and the courts do not always allocate resources for collection and enforcement.

Revocation and Termination of Probation

1) Probation ends in one of two ways: (1)the person successfully completes the period of probation, or (2)the probationary status is revoked because of misbehavior. 2)Revocation of probation can occur for either a technical violation or the probation officer's discovery that the probationer has committed a new crime, a discovery that typically occurs when the probationer is arrested by the police. 3)Once the officer calls a violation to the attention of the court, the probationer may be arrested (if not already in jail), or summoned for a revocation hearing. 4) Overcrowding in the local jail may limit the probation officers' and judges' options for imposing revocation sanctions. 5) in recent years among those probationers who exited probation, 16 percent exited by being sent to prison or jail

Intensive supervision probation (ISP)

1) Probation granted under conditions of strict reporting to a probation officer with a limited caseload. 2) is a means of dealing with offenders who need greater restrictions than traditional community based programs can provide. 3) ISP uses probation as an intermediate form of punishment, imposing conditions of strict reporting to a probation officer who has a limited caseload.

Probation Services

1) Probation officers play roles similar to both the police and social workers 2)must act ethically and professionally to be effective and uphold the purposes of their offices' mission 3)expected to play a social-worker role by helping clients obtain the housing, employment, and treatment services they need 4) must find "balanced roles" in which they are "neither indulgent of anti-social attitudes and noncompliance nor authoritative and heavy-handed" 5)technology has become increasingly important for enhancing the duties of the probation officer and sponsoring agency.

minor offenses

1) Probation plus a fine or community service may be appropriate 2)six weeks of boot camp followed by intensive probation supervision might be right for serious crimes

technical violation

1) The probationer's failure to abide by the rules and conditions of probation (specified by the judge), resulting in revocation of probation. 2)occur when a probationer fails to meet the conditions of a sentence by, for instance, violating curfew, failing a drug test, or using alcohol. 3) Officers have discretion as to whether or not they bring this fact to the attention of the judge 4)Probation officers and judges have widely varying notions of what constitutes grounds for revoking probation 5)When encountering technical violations, probation officers may first try to impose stricter rules, sternly lecture the probationer, and increase the frequency of contacts with the probationer. 6)many probationers are young and less experienced with the system. 7)the average length of the probationer's prison sentence (17 months), the subsequent cost of parole supervision, and the likelihood that some percentage of these offenders will be sent to prison again for parole violations

net widening

1) a process in which the new sanction increases instead of reduces the control over offenders' live 2)This can occur when a judge imposes a more intrusive sentence than usual 3)rather than merely giving an offender probation, the judge might also require that the offender perform community service

Joan Petersilia

1) argues that too many crime control policies focus solely on the short term. 2) believes that long-term investments in community corrections are not "soft on crime," but rather "smart on crime"

In 1960, Judge Keith Leenhouts

1) began a Volunteers in Probation (VIP) program in the Detroit suburb of Royal Oak, Michigan 2)utilized hundreds of community volunteers, called "sponsors," who met one-on-one with probationers for 12 hours each month to provide guidance and to serve as willing listeners 3) After a five-year period, the city found that its recidivism rate was less than 15 percent, whereas the national average was close to 50 percent. 4) became the national director of the Volunteers in Probation program that helped localities throughout the country start their own programs

The Legislative Analyst's Office for the state of California

1) calculates that it costs the taxpayers an extra $50,000, on average, each time an offender is sent to prison for a probation revocation.

community supervision

1) can suffer from an image of being "soft on crime." 2)news stories about murders or other serious crimes committed by probationers and offenders on home confinement can reduce public support, as community corrections appears to threaten public safety 3)offenders today require closer supervision 4)faces even greater caseload pressures than in the past 5)responsibility for about two-thirds of all offenders under correctional supervision, 6)allow offenders to retain and rebuild their ties to their families and society.

electronic monitoring devices

1) enable the imposition of home confinement, also provides an increasing range of options for intermediate sanctions. 2)27 days on monitoring, 493 days on probation or parole, and 34 days in jail or prison. In addition, these offenders completed an average of 17 hours of community service and paid approximately $3,600 in fines

The judiciary administers many kinds of intermediate sanctions.

1) fines, restitution, and forfeiture. 2)all three involve the transfer of money or property from the offender to the government or crime victim, the judiciary is considered the proper body not only to impose the sanction but also to collect what is due.

Risk classification

1) fits the deserved-punishment model of the criminal sanction in that the most serious cases receive the greatest restrictions and supervision 2)If probationers live according to the conditions of their sentence, the level of supervision is gradually reduced.

Victim restitution

1) has remained a part of the U.S. criminal justice system, though it is largely unpublicized 2)the "cost" of some harms can more difficult to assess, for instance, as when determining restitution for the trauma of an attempted rape.

Risk Assessment Tool (PCRA)

1) includes such items as a history of violent offending, alcohol problems, educational attainment, and mental health issues to calculate the probability that an offender will be rearrested during their term of probation

Forfeiture

1) is government seizure of property and other assets derived from or used in criminal activity 2) forfeited assets often go into the budget of the law enforcement agency taking the action. 3)In a 1993 opinion, the Supreme Court ruled that the Eighth Amendment's ban on excessive fines requires that the seriousness of the offense be related to the property that is taken

probation

1) is the conditional release of the offender into the community, under the supervision of correctional officials 2)live at home and work at regular jobs, 3)they must report regularly to their probation officers 4) abide by specific conditions, such as submitting to drug tests, obeying curfews, and staying away from certain people or parts of town. 5)significantly less expensive than imprisonment 6) is used mainly for lesser offenses, states also use probation for more-serious felonies. 7) can be combined with other sanctions, such as fines, restitution, and community service. 8) number of probationers now under supervision is at a record high and is still rising. 9)public often sees it as merely a "slap on the wrist" for offenders 10)rising in urban areas

Newly-hired Probation Officer Jones will find his duties are most like those of .

1) police and social workers

Under the Civil Asset Forfeiture Reform Act passed by Congress in 2000

1) property cannot be seized if owners demonstrate their innocence by a preponderance of evidence.

Most probationers are serving their sentence because they committed offenses.

1) property or drug

Clark County, Indiana,

1) provides a home-detention program for nonviolent felony and misdemeanant offenders 2)Clients in this program are required to submit to random drug and alcohol testing, pay a one-time fee of $100 and a daily fee of $12, and adhere to the restrictions as set forward by their probation officer

Although the recidivism rate for probationers is lower than the rate for those who have been incarcerated,

1) researchers question whether this is a direct result of supervision or an indirect result of the maturing of the offenders. 2)Most of those who are arrested a second time do not repeat their mistake again.

Passive monitors

1) respond only to inquiries; most commonly, the offender receives an automated telephone call from the probation office and is told to place the device they are wearing on a receiver attached to the phone

Origins and Evolution of Probation

1) roots of probation lie in the procedures for reprieves and pardons of early English courts 2)Probation first developed in the United States when John Augustus, a Boston boot maker, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender for a brief period and then helped the man to appear to be rehabilitated by the time of sentencing. 3)Massachusetts developed the first statewide probation system in 1880, and 21 other states had followed suit by 1920. 4) The federal courts were authorized to hire probation officers in 1925. 5)effort to allow first-time and minor offenders a second chance

Active devices

1) send continuous signals that a receiver picks up; a computer notes any break in the signal. 2) Monitoring may violate the Fourth Amendment's protection against unreasonable searches and seizures.

risk management. (1970)

1) still dominant today, seeks to minimize the probability that an offender will commit a new offense 2)the punishment should fit the offense, and correctional intervention should neither raise nor lower the level of punishment.

A(n) occurs when a probationer fails to abide by the rules and conditions of probation.

1) technical violation

Mempa v. Rhay (1967) and Gagnon v. Scarpelli (1973

1) the U.S. Supreme Court extended the right to due process by requiring that, before probation can be revoked, the offender is entitled to a preliminary and a final hearing and a right to counsel in some cases. 2)When a probationer is taken into custody for violating the conditions of probation, a preliminary hearing must be held to determine whether probable cause exists to believe that the incident occurred. 3)probationer does not have an automatic right to counsel 4) This decision is to be made on a case-by-case basis.

community protection criterion

1) the amount and type of supervision are determined according to the risk that the probationer will return to crime. 2)measured using "risk assessment instruments," which use characteristics of the offender to determine the risk of rearrest for that person

In recent years, 73 percent of convicted felons in urban counties were incarcerated

1) the severest sentence, whereas 2) 25 percent received probation, the least severe.

Community corrections seeks to keep offenders in the community by building

1) ties to family, employment, and other normal sources of stability and success. 2)assumes that the offender must change, but it also recognizes that factors within the community that might encourage criminal behavior (unemployment, for example) must also change. 3)based on the goal of finding the "least restrictive alternative"—punishing the offender only as severely as needed to protect the community and to satisfy the public

Morris and Tonry

1) urged that punishments be created that are more restrictive than probation yet match the severity of the offense and the characteristics of the offender, and that can be carried out while still protecting the community.

Day Reporting Centers

1)A community correctional center where an offender reports each day to comply with elements of a sentence. 2)Designed to ensure that probationers follow the employment and treatment stipulations attached to their sentence, day reporting centers also increase the likelihood that offenders and the general public will consider probation supervision to be credible 3) in some centers offenders must be in the facility for eight hours or report for drug urine checks before going to work. 4)these programs can reduce recidivism rates 5)offenders who complete these programs may fare worse than those on "regular" parole 6) may be better suited for offenders with specific issues, such as mental health programs, which have been demonstrated to reduce recidivism

recidivism

1)A return to criminal behavior. 2)or returning to crime, for those under community supervision are no higher than for those who go to prison.

boot camp

1)A short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration. 2) . Often referred to as shock incarceration, these programs vary, but all are based on the belief that young offenders (usually 14- to 21-year-olds) can be "shocked" out of their criminal ways. 3) put offenders through a 30- to 90-day physical regimen designed to develop discipline and respect for authority 4)also include education, job-training programs, and other rehabilitation services 5) do not automatically reduce prison crowding 6)failed to reduce both recidivism and prison populations

What are the grounds for probation revocation?

1)An arrest for a new offense or a technical violation of the conditions of probation that were set by the judge.

Four factors are usually cited in support of community corrections:

1)Many offenders' criminal records and current offenses are not serious enough to warrant incarceration. 2)Community supervision is cheaper than incarceration. 3)Rates of recidivism , or returning to crime, for those under community supervision are no higher than for those who go to prison. 4)Ex-inmates require both support and supervision as they try to remake their lives in the community.

What rights does a probationer have while revocation is being considered?

1)Right to a preliminary and final hearing, right to cross-examine witnesses, right to notice of the alleged violations, and right to a written report of the proceedings. 2) Right to counsel is determined on a case-by-case basis.

What are the major tasks of probation officers?

1)To assist judges by preparing presentence reports and, 2) to provide assistance and supervision to offenders in the community.

The new demands on probation have brought calls for increased electronic monitoring and

1)for risk-management systems that provide different levels of supervision for different kinds of offenders 2)it is i,portant for risk-management systems that provide different levels of supervision for different kinds of offenders

Reliance on Volunteers

1)greater reliance on volunteers to handle many of the duties previously managed by professionals 2)Reserve Corps- who serve on a part-time basis for duties that would otherwise be handled by professional officers 3)there is the possibility that volunteers may take an even larger role in providing community supervision.

Institutional diversion

1)selects low-risk offenders sentenced to prison and provides supervision for them in the community

Although the President's Commission on Law Enforcement and Administration of Justice suggested that the caseload for probation officers should be , today the national average for adult supervision is .

35; 150

How do fines, restitution, and forfeiture differ?

A fine is a sum of money paid to the government by the offender. Restitution is a sum of money paid to the victim by the offender. Forfeiture is the government seizure of assets derived from or used in criminal activity.

Brown v. Plata (2012)

California shifted prisoners from state corrections facilities to county-run jails and community supervision programs run by county probation departments

What goes on at a day reporting center?

Drug and alcohol treatment; job searches; educational programs; and sometimes, just offenders reporting in.

Which statement represents a challenge faced by probation officers?

Officers must prioritize certain individuals over others.

Wider nets

Reforms increase the proportion of individuals in society whose behavior is regulated or controlled by the state.

Different nets

Reforms transfer jurisdictional authority from one agency or control system to another.

What is the main goal of probation today?

Risk management.

What is the most likely punishment for a misdemeanor traffic violation?

a fine

When can home confinement be used in the criminal justice system?

as a condition of parole

In the case of Mempa v. Rhay, the U.S. Supreme Court ruled that probationers have the right to a(n)________.

attorney

Community corrections assumes that

both the offender and the community need to adapt.

A National Institute of Justice study of boot camps found that they .

fail to reduce either recidivism or prison populations

Community supervision is more expensive than incarceration.

false

Fines must be used in conjunction with some other form of punishment because merely paying a fine is not considered a punishment under the U.S. Constitution.

false

Government seizure of property and other assets derived from or used in criminal activity is called restitution.

false

Restitution orders are determined by prison wardens rather than judges.

false

The day fine

if sentenced to a 30-day day fine, an individual who earns $200,000 annually would pay a total of $16,438, whereas an individual who earns only $45,000 per year would pay $3,699 for the same offense

______ suffer from the image of being soft on crime.

intermediate sanctions

The branch of government that administers restitution is the _____.

judiciary

When comparing the costs of community supervision and incarceration, community supervision is _____ expensive than incarceration.

less

The recidivism rate for probationers is ___________ the rate for those who have been incarcerated.

lower than

ISP programs are of two general types:

probation diversion and institutional diversion. 2)Daily contact between the probationer and the probation officer may cut rearrest rates 3) have been called "old-style" probation, because each officer has only 20 clients and requires frequent face-to-face contact 4) presents a "tough" image of community supervision and addresses the problem of prison crowding 5) has become popular among probation administrators, judges, and prosecutors. 6) Ironically, ISP can also increase the number of probationers sent to prison 7)not a "cure" for the rising costs and other problems facing corrections systems. 8)often have higher failure rates than do regular probation programs, even though their clients produce fewer arrests 9)does not represent freedom, because it is so intrusive and the risk of revocation seems high. 10) may improve the quality of supervision and services that foster success for more kinds of offenders.

Probation diversion

puts those offenders under intensive surveillance who are thought to be too risky for routine supervision

Ashley was sentenced to probation plus another intermediate sanction for a property offense. If she is like others who have been sentenced for property offenses, her sentence is most likely to include .

restitution

Probation can end when a probationer's status is _____because of misbehavior.

revoked

Boot camps are one type of _____ incarceration.

shock

Community corrections still lacks widespread support and is often viewed as being _____ on crime.

soft

Megan is a probation officer. If one of Megan's clients were to commit a crime, the client would be in _______ violation of parole.

technical

Research suggests that one of the most widely used criminal sanction is ,--- though it is not typically used as the sole punishment for crimes more serious than motor vehicle violations.

the fine