Probation Exam 1

mandatory release (parole release)

the offender had to be released because the maximum sentence (or its equivalent) has been attained -both imply parole supervision int he community

consecutive sentences

the offender must generally serve the minimum sentence for the first crime before beginning to serve time for the second offense

paradigm shift- 1970s- get tough on crime

- concern shifted from a failure of appear to the risk of harm to the community - state and federal congresspersons modified previous bail reform legislation to include preventive detention

new era

-changes in sentencing practices and their consequences show shifts have taken place -discretion in determining sentence length somewhat removed from the sentencing judge and parole board, reduced by legislatures through new sentencing law structure -many jurisdictions increased prosecutor's discretion -states seeking to reduce populations- passed legislation designed to lessen the punishment for certain types of offenses -costs of incarcerations- states debate changes to reduce the number of offenders in prison and, in some cases, have reduced sentence length -role of jails widely used in conjunction with community corrections and as a result of challenges with prison populations

reform efforts (past 40 years)

-changes in sentencing structures and practices -discretionary release by parole board abolished in at least 18 states -parole sentencing guidelines established in 50% of others -US federal sentencing guidelines promulgate -today fewer federal offenders are paroled by the US parole commission -in states, fewer inmates released on parole (47%)

factors/variables measured (for pretrial assessment)

-criminal history (number of priors; seriousness of priors) -current offense (event) (number of charges; level of offense) -history of appearances in court (number of prior failures to appear)

deprivation of liberty (incarceration [jail] pending trial)

-harsh and oppressive -subject defendants to economic and psychological hardship -interferes with their ability to defend themselves -deprives their families of support

role of prosecutor

-investigation of alleged offenses -they review and/or revise criminal charges -charge offenders under appropriate legal statutes prosecute offenders represents the state (victim) in criminal matters -case diversion or mediation

ramifications of tough on crime movement

-local jails became overcrowded -safety and security of staff and inmates was an issue -lawsuits arose because of incidents and conditions local jurisdictions developed alternatives to confinement (jail): pretrial release options and diversion programs

correction in the community

-numerous and diverse types of supervision -treatment (mental health and/or drug and alcohol) -reintegration -control -restoration (restitution) -other supportive programs -both juvenile and criminal justice systems -several levels of community corrections

content: PSI

-offense: official version; defendant's version; co-defendant's version; statement of witnesses, complainants and victims -prior record: juvenile adjudications and adult record -personal and family data: defendant; parents and siblings; marital status; assets; liabilities -evaluation: alternative plans and sentencing data -recommendations -be succinct and summarize data in useful manner

granting probation (prosecutor/defense roles)

-outcomes of a plea bargain negotiated before admission of guilt -the defendant's pleading guilty to a lesser crime, but one that was present in the illegal behavior for which the penalty is considerably more lenient -the frequency of the crime ("number of counts") to which the defendant would plead guilty -number of charges that would be dropped -whether the prosecutor will recommend that the defendant receives probation or be sentenced to incarceration -whether the sentence will be consecutive or concurrent -recommended length of time (months or years) of incarceration -the judiciary (court) tends to accept plea bargain outcomes -judges still decide the sentence; probation being an alternative -process of granting probation begins after the offender pleads guilty or is judged guilty by a trial

three strikes laws

-policies whereby individuals convicted of three felony offenses receive a mandatory life sentence -currently 27 states and the federal government have enacted these, designed to remove offenders convicted of repeated serious offenses from society for a long period of time, if not life

sentencing changes (causes)

-prison uprisings (riots) like in Attica, NM and CA -abuse of discretion (judges, prosecutors, parole boards who were immune from review and practiced arbitrary uses of discretion) -court decisions and orders led to a demand in accountability -idea of rehabilitation was challenged which undermined the rationale of indeterminate sentence's parole after rehabilitation concept

difference between probation and parole

-probation is a sentence ordered by a judge, usually instead of but sometimes in addition to serving time in jail. It allows the convicted person to live in the community under supervision of the probation officer, depending on the circumstances and seriousness of the crime -parole is the conditional release of a prison inmate after serving part or all of his sentence, allowing the inmate to live in the community under supervision of the parole period. The decision to grant parole is the responsibility, in a majority of states, of a board of parole or commission. Violation of the conditions of parole result in revocation and re-imprisonment.

advantages of probation

-provides the least restrictive intervention to affect change in the offender -fiscal savings over incarceration or imprisonment -avoidance of imprisonment, which tends to exacerbate the underlying causes of criminal behavior -keeping offenders' families intact -improved outcomes over jail and prison -sentencing option that can provide "select incapacitation"

justice

-quality of being fair under the law, and demands that the state treats every person equally as possible without regard to gender, religion, race, or other personal status -distributive justice -compensatory justice -retributive justice

general objectives of probation

-reduce offending -protect the community from further criminal behavior -provide probation conditions (and services) necessary to change offenders and to achieve the aforementioned objectives

post-conviction (diversion) programs

-similar to post arrest programs -focus on individuals who would benefit from treatment interventions -start with a conviction and work backward, in exchange for successful completion, final conviction is vacated and record is sealed

public safety- crime and public policy

1. criminal law enforcement 2. prevention 3. harm reduction 4. regulation 5. discriminalitation 6. non-intervention

criminal justice system

1. law enforcement police (prosecution) 2. courts 3. corrections (pre-adjudication components)

community corrections assumptions

1. more effective at reducing future crime 2. more cost-effective 3. more humane

Zebulon R. Brockway

1876 initiated parole (ticket of leave system)

mark system

Captain Maconochie- in 1840 New South Wales (Australia) -this awarded prisoners marks and moved through stages of custody until finally granted release -systems involved indeterminate sentencing with release based upon the number of marks earned for good conduct, labor, and study -five stages of custody, each with increased responsibility and freedom

jail

a confinement facility, usually administered by a local law enforcement agency, intended for adults, that holds persons detained pending adjudication and/or persons committed after adjudication for sentences usually of a year or less -they receive individuals pending arraignment and hold them waiting trial, conviction, and sentencing. They re-admit probation, parole and bail-bond violators and absconders and hold juveniles pending transfer (adult/juvenile) -hold mentally ill persons pending their movement to appropriate health facilities, as well as individuals for the military, for protective custody and contempt, and for court witnesses -they release individuals to the community upon completion of their sentences and transfer inmates to state, federal, and other local authorities -they temporarily incarcerate convicted felons sentenced to prison but for whom there are no bed spaces -they relinquish custody of temporary detainees to juvenile and medical authorities -they sometimes operate community-based programs such as work-release programs

split-sentences

a court imposed sentence that involves a short time in jail followed by a longer period of probation (also called shock incarceration)

arraignment hearing

a formal hearing in a criminal case during which defendants are advised of the charges that have been filed against them - an accused is also advised that they have certain legal and constitutional rights -defendant advised about consequences of a plea -the judge asks accused how they would like to plead

adjudication

a legal ruling or judgement, usually final, but can also refer to the process of settling a legal case through the court or justice system -in juvenile justice, it is equivalent of a trial in adult criminal cases

mandatory minimum sentences

a mandatory minimum sentence means that a person convicted of a crime must be imprisoned for a minumum term, as opposed to leaving the length of the punishment up to a judge

community corrections

a non incarcerative sanction in which offenders serve all or a portion of their sentence in a community

probable cause

a requirement found in the fourth amendment that must usually be met before police... 1. make an arrest 2. conduct a search 3. receive a warrant

recidivism

a return to criminal behavior defined in one of 3 ways: rearrest, re-conviction, re-incarceration

probation

a sentence imposed by the court that does not usually involve confinement and imposes conditions to restrain the offender's actions in the community - the court retains authority to modify the conditions of the sentence or to re-sentence the offender if he or she violates the conditions imposed (trying to get individuals to comply with the order of the court)

probation (adult)

a sentence in which an offender is ordered to follow a set of rules or conditions in exchange for remaining in the community. Ultimately, the sentencing court maintains authority to modify the conditions of probation or impose. sanctions, which could include revoking probation and ordering the offender to either jail or prison for the remaining time of the original sentence -most often used for non-violent offenders -provides front end alternatives to manage incarcerated populations -minimizes the potential for collateral consequences (damage) of jail and prison -both state and federal jurisdictions have statutes that limit the type of offenders eligible for probation -generally individualized

indeterminate sentencing

a sentencing philosophy that encourages rehabilitation and incorporates a broad sentencing range in which discretionary release is determined by a parole board, based on an offender's remorse, insight into their mistakes, involvement in rehabilitation, and readiness to return to society

determinate sentencing

a sentencing philosophy that focuses on consistency for a crime committed, specifying by statute or sentencing guidelines an exact amount for narrow range of time to be served in prison or jail, and mandating a minimum amount of time before an offender is eligible (if at all) for release -also known as presumptive, fixed or mandatory sentence

presumptive sentencing

a statutorily determined sentence that judges are obligated to use. Any deviations (mitigating or aggravating circumstances) must be provided in writing and may be subject to appellate court review - judges can select a term based on the characteristics of the offender as well as mitigating or aggravating factors related to the case

victim impact statement

a written account by a victim as to how a crime has taken a toll physically, emotionally, financially, and/or psychologically in the said victim and victim's family - considered by many states at time of sentencing and at parole board hearings

distributive justive

addresses ownership of goods in a society -requires distinguishing society's benefits and burdens fairly

diversion

an alternative to traditional criminal sentencing or juvenile justice adjudication that provides offenders with a chance to avoid conviction upon successful completion resulting in a dismissal of current charges (also known as adjudication) -commonly referred to as a front door program -the goal is to limit the number of offenders entering the system (criminal justice, juvenile, prison) -these programs generally identify incoming, lower risk individuals (defendants, inmates) to participate in either treatment or intensive supervision programs in the community as a substitute for formal charges or incarceration

guardian ad litem (GAL)

an individual, usually not associated with the justice system, who acts in the best interest of the child. Often they are the voice of the youth, ensuring that his/her interest is heard and taken into consideration by the court

actuarial assessment

an objective way of measuring risk for an event to occur. Found in the field of corrections -statistical modeling, these types of assessments are designed to measure the characteristics of a person and determine the likelihood that the person will engage in a specific event (reoffend) -for the pretrial purposes: a. pretrial history, b. characteristics of current offense, c. crime related variables

deferred adjudication

an offering made by a court to a defendant during the pre-adjudication stage to allow the said defendant to complete community supervision and/or a community based treatment program - successful completion of pre-adjudication supervision or program results in dropped charges and no formal conviction (also known as diversion)

parole board

any correctional person, authority, or board that has the authority to release on parole those adults or juveniles committed to confinement facilities, to set conditions for behavior, to revoke from parole, and to discharge from parole -also recommend executive clemency through pardon of sentence commutation (shortening), as well as setting policies for supervision of parolees

conditions for pretrial release beyond standard

attend substance abuse treatment (if necessary), submitting to regular drug testing, obtain or maintain employment, attend supervision meetings, electronic monitoring (GPS), house arrest

general deterrance

belief that sanction deters potential offenders by actually inflicting punishment on other offenders

commercial bonds

bonding agencies post the full bond amount ordered for a fee to be paid by the defendant (10% of the bond) - depending on the amount of the bond, agencies place a lien on the defendant's personal property as collateral for the full bond amount -bond agencies are then responsible to ensuring defendant returns to court or risks losing their money

american correctional association

cincinnati, OH (1st meeting), adopted new standards and principles addressing new types of buildings to be constructed and an early release system

standard conditions: pretrial release

commit no crimes, have no contact with police for a new criminal offense, maintain current residence or provide updates to the court if their address changes, avoid contact with victim or witnesses

manhattan project

compared defendants release (OR) on their own recognizance to those release on monetary bail - previous pretrial release recommendations to the judge were subjective opinions of an assessor -very institute implemented on objective measure of risk (pretrial assessment) to support recommendation to whether to release -number of individuals released OR increased -time from arrest to final disposition for those released OR significantly quicker, prison sentences significantly less often

compensatory justice

compensates someone for a past injustice or making good some harm he/she has suffered in the past -regulates restoring what a person lost when wronged by another

retributive justice

concerns punishment due a lawbreaker or evildoer -regulates fairness when blaming/punishing persons for doing wrong

sources of clients: probation

courts

restoration

crime control lies with community and that victims and community should be central process of restoration- community service, restitution

personal bonds

defendant's own money or borrowed by family or friends

plea bargaining

defense counsel negotiates the sentence outcome to avoid incarceration of the accused - exchange of prosecutorial and/or judicial concessions, usually a lesser sentence, the dismissal of other pending charges, a recommendation by the prosecutor for a reduced sentence, or a combination thereof, in return for a guilty plea

individualized justice

demands that the sentence fit not only the crime but also the criminal

public safety assessment (PSA)

designed to assess 3 different outcomes: 1. failure to appear, 2. new arrest, 3. new arrest for a violent offense -eliminated need for face to face interview -uses defendant's prior history of violence to predict the likelihood he/she will engage in violence while on pretrial status

parole release

discretionary parole release means that a parole board opted to release an offender before the maximum sentence was met

selective incapacitation

doctrine of isolating the offender, causing social disablement -policy of incarcerating those whose criminal behavior is so damaging or probable that nothing short of isolation will prevent recidivism -current correction technology does not permit us to correctly identify those who require incapacitation

bail reform act 1966

established presumptive releases for all non-capital federal cases who would likely appear in court - federal judges given authorization to release defendants, providing a range of options including bail, cash deposit, house arrest, custody of a third party

eighth amendment of the constitution

excessive bail shall not be required - supreme court has ruled that courts should take into consideration the person's ability to pay when setting bond and that alternatives to incarceration be explored

rehabilitation

focus on changing behavior of offender through treatment and services

pre-sentence investigation (PSI)

for offenders who's crimes fall within the list of probation eligible offenses, or in those states where it is mandated by law, it will be ordered -a major function is to assist the court in determining the most appropriate sentence -recommendation of the probation officer concurrence between the probation officer's PSI and judges sentence is strong

presumptive release

if an individual is arrested, the standard decision to release the person for jail, except for extenuating circumstances - most states are designed to presumptively detain defendants and the defendant or attorney must argue that they should be released -it puts the burden on the state to argue that a defendant must be held (flight risk/dangerous)

concurrent sentence

if an offender is to be sentenced for more than one crime and receives this sentence, he or she would start serving time for all his/her crimes beginning on the day of arrival in prison (jail)

common characteristics of diversion

in lieu of a conviction or in place of a formal charge - criminal justice system can reduce its burden/expense of a trial and incarceration -defendants who complete requirements of the program have charges usually dropped, sometimes reduced in final disposition -defendants ge the benefit of being able to apply for housing, apply for jobs, and loans without having to report the arrest or conviction -most diversion programs target lower-level offenses, first time offenders, or specialized populations (mental health or drug issues)

false positives

incarcerating non-eligible or unnecessary individuals

common principle of diversion programs

individuals with underlying precursors of criminal behavior (mental health issues, substance abuse, coercion) should be given opportunities to undergo alternative intervention in lieu of a conviction

pretrial assessments

integral part of release decision -should be based on whether a defendant is likely to appear for subsequent court hearings or get arrested for a new offense during the pretrial process -provides an objective means to assess both of these factors -short screening instruments done with or without a face to face interview

hedonistic calculus (rational choice theory)

involves weighing the possibility of pleasure derived from committing a crime against the possibility of pain derived from getting caught and punished

pretrial supervision

jail crowding forces courts to find other options for handling defendants prior to hearings -judges (magistrates) set conditions of release and ordered pretrial agencies to monitor compliance (pretrial officer, bondsman)

post adjudication components

jails and prisons, probation, parole

order of events

law enforcement officers arrest suspect, book the suspect into the jail, probable cause hearing (charges are filed, pretrial services start assessment process)

specific deterrance

less concern with potential offenders, more with actual offenders (prevents future crimes)

pretrial detainment (jail)

linked to higher conviction rates, higher incarceration rates, longer sentences

community correction levels

local, state, federal

structured risk assessments

maximizes the number of people that can be released while minimizing the likelihood of defendants failing to appear for subsequent hearing -use of this tool is based on a mix of quantitative and qualitative factors significantly more likely to release more defendants, have fewer failures to appear, and those released are less likely to be arrested

bail credit

money earned for each day in jail (excluding certain offenses). Once the defendant has earned enough money (credit) to either bail himself out of jail or bring the total amount down sufficiently to make a 10% cash bond, the defendant is released -if defendant posts some cash to the court, it is returned if there are no failure to appear charges

pre arrest diversion programs:

most beneficial, most risk -implemented mostly by law enforcement -utilized for individuals that meet criteria -programs typically for mental health, substance abuse or other issues that drive an individual's criminal behavior

post-arrest diversion programs

most common type of diversion program -implemented between being booked into jail and trial -generally handled by the courts, but law enforcement sometimes does -screening process determines eligibility- done by prosecutor/district attorney's office or court staff -programs address underlying problem (abuse/illness)

pretrial detention (detainment)

must balance: 1. community safety (future crimes) 2. likelihood the accused person returns to court to stand trial (flight risk) 3. safety and protection of victims, potential witnesses from retaliation and interference 4. safety of themselves

determination of sentence (judge)

observation of the defendant at trial (hearing): body language, demeanor, evidence of remorse, harm to victim, behavior -recommendation in pre-sentence reports -prosecutor's recommendation for sentence

retribution

offender punished because broke law and needs to be held accountable

sentencing fairness

often contradictory options designed to limit unbridled discretion under the guise of making sentencing fairer, enhancing justice, and lessening discrimination -limited disparity/discretion -abolishing plea bargaining -establishing plea bargaining rules and guidelines -setting mandatory minimum service setting voluntary or descriptive sentencing guidelines or presumptive or prescriptive sentencing guidelines -creating sentencing protocols -requiring judges to provide reasons for their sentences -studies of judicial sentencing found disparity and both racial and class discrimination (conclusion that sentencing practices were unfair) -crime control and corrections became a political football for those seeking public service -setting parole guidelines to limit parole board discretion -abolishing parole -adopting or modifying good-time procedures -routinizing appellate review of sentences

sentencing decisions

often in the hands of the judge

pretrial process

once a suspect is identified and detained, law enforcement officers make the following determinations - whether the individual needs to be arrested -needs to be transported to jail -booked into jail -at any point, law enforcement officers can choose: not to place the suspect under arrest, can offer him a pre-charge program (jurisdictions vary), issue a summons to court, book the individual into jail -pretrial services can begin collecting information from law enforcement officers during the arrest process

pretrial bond, bail, and diversion

one of the most prominent decisions in the criminal justice processing of defendants is whether to release a person from jail prior to adjudication - individuals who are arrested are presumed innocent until proven guilty

pre-sentence report: functions and objectives

ordered when there is disagreement between the prosecutor and defense attorney on the appropriate sentence --whether probation is appropriate (non-agreed recommendation) --disagreement about length of sentence -designed to aid the judge in making the appropriate decision (fines, court costs, restitution, community service, incarceration, etc.) -consider the safety of the community and offender needs

parole vs. probation

parole- offenders spend time incarcerated before release; parole is an administrative decision made by paroling authority; parolees must abide by conditions or risk revocation probation- probationers generally avoid prison time; it is a sentencing decision made by the judge, they must abide by conditions or risk revocation

preventive detention

permits a judge to refuse to release due to the potential harm to the community - generally reserved for individuals who engage in capital murder or other violent crimes for which the defendant is charged -significant departure from innocent until proven guilty- demonstrating community safety can trump individual freedom

types of release: pretrial

personal recognizance bond (PR) or Own recognizance bond (OB)- usually granted by a magistrate or judge, unsecured bond, sometimes supervision required -surety bond or money bond: cash bail or commercial bonds

courts

pivotal role- sentencing decisions - decisions regarding whether to release or detain accused individuals (pre-adjudication) -decisions regarding jail, prison, probation or other alternatives if found guilty, set of conditions of supervision -revoke probation supervision (probation violation) -grant judicial or early release from incarceration

jurisdiction

power of a court to adjudicate cases and issue orders - territory within which a court or government agency may properly exercise its power

pretrial diversion (3 different stages)

pre-arrest diversion, post arrest diversion, post-conviction diversion

bail release

pretrial arraignment hearing -bail schedule: certain jurisdictions -if money can be raised, pretrial release might occur: seriousness of offense, prior failure to appear for hearings

deterrence

prevention of criminal behavior through threat of detention, apprehension and punishment (2 types are general and specific)

sources of clients: parole

prisons

exigent circumstances

probable cause can also justify a warrantless search or seizure - circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other person, the destruction of relevant evidence, the escape of the suspect, or some other consequences improperly frustrating legitimate enforcement efforts

criminogenic needs

problems, habits or deficits that are directly related to an individual's involvement in criminal behavior -producing or tending to produce crime or criminals

key function of pretrial agencies

provide information to the court regarding the defendant's current situation: -criminal history (previous failure on pretrial, criminogenic needs like substance use or employment) -provide supervision for those granted pretrial release like monitoring conditions set forth by the court, sending reminders of upcoming court hearings and reporting back to the court regarding the defendant's compliance

functions of law enforcement

public safety order, prevention, detection and invest of crime, apprehension of offenders, maintain peace, direct apprehensive cases, community service, interface with probation and parole officers

correctional objective of tourniquet sentencing

reintegration or avoidance of criminal activity. Lessen the risk if failure and recidivism

parole

release of an offender from the confinement prior to expiration of his or her sentences on the condition of good behavior and supervision in the community - early privileged release from a penal or correctional institution of a convicted offender, in the continual custody of the state, to serve the remainder of his or her sentence under supervision in the community

false negatives

release to lesser control those eligible or needing incarceration

pre-imprisonment programs

restitution, community service, active probation, intensive supervised probation, house arrest, residential community facilities (halfway houses)

purpose of criminal sanctions

retribution, deterrence, incapacitation, restoration, rehabilitation

sentencing and community corrections (objectives of criminal sentencing)

retribution, deterrence, incapacitation, restoration, rehabilitation

incapacitation

seen in form of incarceration when incarcerated, they are prevented from committing a crime

alternative dispositions (sanctions)

sentencing options of the court other than incarceration in a jail or prison

ticket of leave system (irish)

sir walton crofton -established a 3 stage system, each stage bringing the convict closer to freedom -stage 1: solitary confinement and tedious work -stage 2: assigned to public works on a team, with each member responsible for the behavior of every other member (peer pressure) -stage 3: assignment to a transitional prison with unsupervised day work outside of the prison -if inmate's behavior is good, they are granted a ticket of leave

criminogenic issues

sometimes collected -employment: employed at time of arrest -housing: stability in community; stable housing up to point of arrest -stability in the community: friends/family in the local community -substance use: problems with substance abuse (drugs and alcohol)

community correction

sometimes combined with or continues after incarceration -split sentences (jail followed by probation) -shock incarceration and shock programs -prison furlough programs -work and educational release -shock parole -parole programs and services

pre-adjudication

state in which defendant hasn't pleaded guilty or been found guilty by judge. -defendant is in a pretrial stage or deferred option 1. diversion programs 2. pretrial release programs 3. private sector treatment programs

sentencing disparity

the divergence in this type and lengths of sentences imposed for the same crimes, with no evident reason for the differences -also known as unequal treatment of similarly situated offenders

punishment

the infliction of a penalty

post adjudication

the state in which a defendant has been sentenced by a court after having either pleaded guilty or been found guilty by a judge or jury. -equivalent to conviction

tourniquet sentencing

tightening of increasing the conditions of probation to encourage the probationer (client) to conform to legal and supervisory requirements -probation officer requests the court order additional restrictions or to mandate participation in specific programs -implicit alternative to non-conforming is incarceration/jail

crime

unlawful act punishable by state/authority -act harmful to individuals and whole community, state, and society

pretrial diversion programs

use is on the rise -can range from law enforcement diversion to formal programs operated by pretrial services, probation, or even prosecutor/distinct attorney's offices -diversion programs are different from pretrial release: pretrial release services an alternative to detention and pretrial diversion considered alternatives to adjudication or conviction

arrest

using legal authority to deprive a person of his or her freedom of movement. It is generally made with an arrest warrant. It can be made without a warrant if probable cause and exigent circumstances are present at the time of the arrest

net widening

using stiffer punishment or excessive control for offenders who would ordinarily be sentenced to a lesser sanction -one of the consequences of the war on drugs and other get tough strategies: it entangles more individuals into the criminal justice system

Criminal justice system

varied agencies and actions, along with their philosophical bases and objections

money bail concept

~crucial~ -arrested individual puts up a determined amount of money to ensure his or her return to court for hearing -if the defendant fails to return for court (make an appearance), they risk forfeiting the money