Download - Chapter 12
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Community Sentences: Probation & Intermediate Sanctions
Chapter 12
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Community Sentencing
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Community SentencingCommunity sentences are popular
because: Less costly Help the offender maintain family and
community ties Can be structured to maximize security
and maintain public safety Scaled in severity to correspond to the
seriousness of the crime Can feature restoration and reintegration Can act as a “second chance”
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Probation
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ProbationJohn Augustus:
From Boston 1840’s-1900’s Was a leading reformer of probation in the
United States Credited with originating the modern
probation concept His work inspired Massachusetts legislature
to appoint paid probation officers
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Probation Probation
A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time
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ProbationThe common law practice of judicial
reprieve Allowed judges to suspend punishment so that
convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior
The practice of recognizance Enabled convicted offenders to remain free if
they agreed to enter into a debt obligation with the state
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ProbationCurrently about 4 million people are
on probation More than 2 million people are being
placed on probation annually – a slightly larger number than exit their probation sentence Probation rules are a set of conditions or
restrictions mandated by the court that must be obeyed by a probationer
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Probation Revocation
An administrative act performed by a parole authority that removes a person from parole due to a violation on part of the parolee.
Probation may be revoked if a probationer fails to comply with rules and disobeys reasonable requests to meet their treatment obligations
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Probation Probation officers usually
have five tasks:a. Investigation
Presentence investigation serves as the basis for sentencing
a. Intake b. Diagnosis
Used to select appropriate treatment modes
a. Treatment supervisionb. Risk classification
Assessment of the risk level probationers pose to the community and themselves
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Probation The U.S. Supreme Court has ruled
that probationers have a unique status and they are entitled to fewer constitutional protections than other citizens Minnesota v. Murphy Griffin v. Wisconsin United States v. Knights
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Probation Because placing a person on probation
implies that probation will continue unless the probationer commits a major violation, the defendant has been given certain procedural due process rights at this stage of the criminal process Mempa v. Rhay Morrissey v. Brewer Gagnon v. Scarpelli Beardon v. Georgia United States v. Granderson
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Probation United States v. Granderson (1994)
Significant case in that it helped clarify what can happen to a probationer whose community sentence is revoked Granderson was eligible for a 6 month prison
sentence but was given 60 months probation instead.
He tested positive for drugs his probation was revoked.
Statute required he serve 1/3 of his sentence so the trial court gave him 20 months in prison
He appealed and Supreme Court found it unfair, ruled he should have been given 1/3 of the 6 months (2 months), not 60 months.
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Probation Probation is cost effective
Annual cost of incarceration: Approximately $25,000
Annual cost of probation: Approximately $2,000
National research suggests: 60% of probationers successfully complete
their probationary sentence 40% are arrested, violate probationary rules,
or abscond
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ProbationEven the most serious criminals who
receive probation are less likely to recidivate than those who are sent to prison for committing similar crimes Young males who are unemployed or who
have a very low income, a prior criminal record, and a history of instability are most likely to be rearrested
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Probation Current initiatives that may shape the
future of probation Making probationers pay Hot spot probation Area needs Specialized probation Privatization Swift and sure
punishment
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Intermediate Sanctions
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Intermediate Sanctions Intermediate sanctions include programs
that are usually administered by probation departments Group of punishments falling between
probation and prison House arrest Intensive supervision
Serve as alternatives to incarceration
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Intermediate SanctionsAdvantages of Intermediate Sanctions
Cost benefits Equitable community sentences Increased control Reduced overcrowding Use with different classes
of offenders
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Intermediate Sanctions Fine
Money owed by offenders to compensate society for their misdeeds
A day fine (common in European nations) Geared to the average daily income of the
convicted offender in an effort to bring equity to the sentencing process
Many judges continue to incarcerate offenders for noncompliance with financial orders, despite the U.S. Supreme Court ruling Tate v. Short (1971)
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Intermediate SanctionsForfeiture
The seizure of personal property by the state as a civil or criminal penalty More than 100 federal statutes use forfeiture
of property as a punishment
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Video: Forfeiture
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When can the government seize assets?
Why is the government allowed to seize assets in some criminal justice cases?
Can you see this being a useful criminal justice sanction in any circumstances?
Video: Discussion Questions
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Intermediate SanctionsRestitution
A condition of probation in which the offender repays society or the victim of the crime for the trouble the offender inflicted May be monetary or in the form of community
service restitution Restitution does not reduce recidivism What about the wealthy…
To avoid wealthy individuals from merely writing a check, judges can order that compensation be paid from income derived from low paying social service or public works jobs.
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Intermediate Sanctions Shock probation and split sentences
Alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life
A split sentence Requires convicted criminals to spend a portion of
their sentence behind bars and the remainder in the community
Shock probation Puts offenders in prison for a short term before
they begin probation, to impress them with the pains of imprisonment
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Intermediate Sanctions Intensive probation supervision
Involves small probation caseloads and strict monitoring on a daily or weekly basis
Goals are typically: Decarceration Control Reintegration
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Intermediate SanctionsThe house arrest concept
Requires convicted offenders to spend extended periods of time in their own home as an alternative to an incarceration sentence Electronic monitoring frequently
accompanies house arrest to ensure compliance
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Intermediate SanctionsResidential community corrections
facility sentence This is a nonsecure facility that houses
probationers who need a more secure environment
Day reporting centers Nonresidential community based
treatment programs