Assignment

Flo20thebest

Chapter6Corr.pptx

Home >Law homework help >Criminal homework help >Assignment

Chapter 6: Community Corrections: Probation and Intermediary Sanctions

Stohr, Corrections: The Essentials 4e

The Origins of Probation (1 of 4)

Probation: Sentence that allows convicted offender to remain in the community under supervision.

From Latin probare, to prove.

Conditional release into community.

About 90% of sentences handed down are probation.

Imprisonment relatively modern and expensive.

6.1: Explain the origins and purpose of probation.

Probation: A sentence imposed on convicted offenders that allows them to remain in the community under the supervision of a probation officer instead of being sent to prison.

From Latin probare, “to prove.”

Convicted persons must prove they are capable or remaining in the community and living up to its legal and moral standards.

90% of all sentences in United States courts are probation orders.

Imprisonment is a relatively modern and costly mode of law enforcement. Historical punishments included:

Execution.

Corporal punishment (like disfigurement or branding).

Humiliation in the stocks.

All punishments were a community spectacle, and some, such as stocks, involved community participation.

The only kinds of offenders typically subjected to this kind of community shaming are sex offenders.

Stohr, Corrections: The Essentials 4e

The Origins of Probation (2 of 4)

Historic punishments could be brutal and unjust.

Judicial reprieve: Practice of delaying sentencing following a potentially permanent conviction, depending on the offender’s behavior.

Used by British and early American courts.

Predecessor to the idea of release on a defendant’s “own recognizance,” or with a promise to return for court to answer criminal charges.

6.1: Explain the origins and purpose of probation.

Judicial reprieve: British and early American practice of delaying sentencing following a conviction that could become permanent, depending on the offender’s behavior.

Predecessor in some ways to parole and release on a defendant’s “own recognizance.”

In the United States, an “own recognizance” release allows the release of an arrested person without bail payment, so long as the individual promises to appear in court to answer criminal charges.

Stohr, Corrections: The Essentials 4e

The Origins of Probation (3 of 4)

John Augustus, a Boston cobbler, developed first real probation system in the 1840s.

Appeared in court.

Offered to take carefully selected offenders into home, supervise, and do what he could to help them reform.

Volunteers joined him in saving over 2,000 convicts from imprisonment by the time of his death in 1859.

Salaried probation officers appeared in Boston by 1878, as demand for service exceeded volunteers.

6.1: Explain the origins and purpose of probation.

John Augustus, a Boston cobbler, was the first real probation officer in the 1840s.

He would appear in court and take certain offenders into his home, where he would attempt to rehabilitate them in lieu of imprisonment.

Volunteers joined him, and by the time of his death in 1859 they had saved more than 2,000 convicts from imprisonment.

Salaried probation officers then appeared in Boston by 1878.

Stohr, Corrections: The Essentials 4e

The Origins of Probation (4 of 4)

In 1916, the Supreme Court ruled judges could not indefinitely suspend a sentence.

Jeopardized the unofficial probation system.

Probation was at the time a popular idea with legislators, who moved to establish a program.

National Probation Act of 1925: Allowed judges to suspend sentences and place convicted offenders on probation.

6.1: Explain the origins and purpose of probation.

In 1916, the Supreme Court ruled judges could not indefinitely suspend a sentence.

This threatened the system as no official probation system existed.

Probation was at the time a popular idea with legislators, who quickly moved to establish a federal law.

National Probation Act of 1925: The act that initiated the legal use of probation in the United States.

Stohr, Corrections: The Essentials 4e

Number and Demographic Characteristics of Offenders on Probation (1 of 2)

2016: 1 in 55 U.S. adults under community supervision (1.1% decrease.)

2,012,200 entries and 2,043,200 exits from probation.

50.8% of probation exits were successful.

84.2% of federal probationers were successful.

50.2% of state probationers were successful.

Across both systems (state and federal):

12.1% incarcerated, 2.5% absconded, 0.62% “discharged to warrant or detainer,” 13.6% exited “other unsatisfactory.”

6.2: Describe the demographics and characteristics of offenders on probation.

At the end of 2016, 1 in 55 adults in the United States were under community supervision.

A total of 4,357,100, which represents a 1.1% decrease from 2015.

2016 had 2,012,200 entries and 2,043,200 exits from probation.

50.8% did so successfully.

84.2% of federal probationers and 50.2% of state probationers were successful.

Across both federal and state systems:

12.1% incarcerated.

2.5% absconded.

0.62% “discharged to warrant or detainer.”

13.6% exited “other unsatisfactory,” which includes failure to meet conditions like fines and restitution by the end of the probation period.

Stohr, Corrections: The Essentials 4e

Number and Demographic Characteristics of Offenders on Probation (2 of 2)

Demographics:

Males constituted 75% of adult population.

55% were white.

28% were black.

14% were Hispanic.

2% American Indian, Alaska Native, Asian, or Pacific Islander.

Probation numbers have decreased substantially since 2008, but parole numbers have slightly increased.

6.2: Describe the demographics and characteristics of offenders on probation.

Gender

75% men.

Race

55% White.

28% Black.

14% Hispanic.

2% American Indian, Alaska Native, Asian, or Pacific Islander.

Probation numbers have decreased substantially since 2008, but parole numbers have increased slightly.

Stohr, Corrections: The Essentials 4e

Why Do We Need Community Corrections? (1 of 2)

Community corrections: Any activity performed by agents of the state to assist offenders in reestablishing functional community roles, while also monitoring their behavior.

Views of general public:

Permissive and soft on crime.

Uncaring about crime victims.

Blindly advocating rehabilitation without considering the reality of violent, predatory criminals.

Allowing criminals to “get away with it.”

6.3: Describe the advantages of probation over incarceration for some offenders and for community offenders.

Community corrections: A branch of corrections defined as any activity performed by agents of the state to assist offenders in reestablishing functional law-abiding roles in the community while at the same time monitoring their behavior for criminal activity.

Monitoring and assisting theoretically protects society from criminals while avoiding the cost of incarceration.

General public is poorly disposed to the idea of probation because it is seen as:

Soft on crime.

Permissive.

Uncaring about crime victims.

Blindly advocating a rehabilitative ideal while ignoring the reality of violent, predatory criminals.

Allowing criminals to “get away with it.”

However, allowing minor felony offenders to remain in the community under supervision benefits both the offenders and their communities.

Stohr, Corrections: The Essentials 4e

Why Do We Need Community Corrections? (2 of 2)

Monitoring and assisting balances protecting society from criminals with the substantial cost of incarceration.

Probation is not necessarily easy:

Felons still have a sentence, it’s just suspended.

“Experienced” offenders prefer incarceration.

Benefits: lower cost, probationers pay taxes, less social & community disruption.

6.3: Describe the advantages of probation over incarceration for some offenders and for community offenders.

Probation is not necessarily easy:

Felons placed on probation receive a prison sentence.

Sentence is suspended while the person with probation proves they can live a law-abiding life.

More “experienced” offenders actually prefer prison to more demanding forms of probation because offenders under probation must meet many conditions such as work and submitting to treatment and education.

Less criminally involved offenders prefer probation as it allows them to retain jobs and live in the community.

Benefits of probation:

Costs less than imprisonment.

Employed probationers stay in their communities and continue to pay taxes.

For offenders with a partner and/or children, maintains the integrity of the family.

Prevents felons from being further embedded in a criminal lifestyle by the chronic offenders in prison.

More offenders get in trouble due to deficiencies (lack of education, substance abuse) than pathologies.

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (1 of 6)

Two common roles:

Protect community.

Assist probationers and parolees to become productive and law-abiding citizens.

Dual roles mark them as law enforcement officers and social workers.

Responsibilities:

Enforcing court orders (adherence to treatment and developing plans for transition.)

Making arrests.

Performing searches.

6.4: Analyze the probation officer role and models of probation supervision.

Roles of probation and parole officers:

Protect the community.

Assist probationers and parolees in becoming productive, law-abiding citizens.

Dual role as law enforcement and social workers.

Responsibilities of probation officers:

Enforcing court orders:

Monitoring adherence to drug and alcohol treatment.

Developing plans to assist them in transitioning to a free society.

Making arrests.

Performing searches.

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (2 of 6)

More responsibilities:

Seizing evidence of wrongdoing.

Appearing in court to present evidence of violation of probation orders, and offer their recommendations for termination or continuation of probation.

Required to carry firearms (35 states).

Learn about community culture, customs, and values.

Stay up-to-date on available community resources for rehabilitation.

6.4: Analyze the probation officer role and models of probation supervision.

Seizing evidence of wrongdoing.

Appearing in court to present evidence of violation of probation orders.

Also expected to justify their recommendations for either termination of probation and imprisonment or continued probation with additional conditions.

35 states require probation officers to carry firearms.

Must learn about the community’s culture, customs, and values.

Staying up to date on available resources to assist with rehabilitation.

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (3 of 6)

Models of Probation Supervision

Difficulties include gaining trust of often-economically disadvantaged and minority clientele.

Most officers are White and middle class.

About half of officers are women.

Contradictory community roles:

Protecting the community from their caseload (law enforcement role).

Supporting offenders’ rehabilitation (social work role.)

6.4: Analyze the probation officer role and models of probation supervision.

Difficult to establish trust and develop rapport with probationers/parolees.

Most officers are White and middle class, which contrasts with often-economically disadvantaged and minority clients.

About half of probation officers are women, which creates a gender divide.

Sometimes fill seemingly contradictory roles in the community:

Protecting the community from offenders on their caseload (law enforcement role).

Supporting offenders in resolving criminogenic problems and becoming decent, law-abiding citizens (social work role.)

Some officers fill strictly law-enforcement roles and some act more as counselors

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (4 of 6)

Models of Probation Supervision

Differing models of supervision:

Law enforcement role.

Social-worker (counselor) role.

“Hybrid” role.

6.4: Analyze the probation officer role and models of probation supervision.

Some officers follow a “hybrid approach,” following each model when appropriate.

Hybrid officers follow an “authoritative” approach, which psychology has established as the most effective parenting style.

They are firm but fair, establishing clear and proportional consequences but offering guidance and support to assist probationers in meeting their guidelines.

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (5 of 6)

Models of Probation Supervision

Law enforcement role:

Emphasize strict compliance.

Hold offenders strictly accountable.

Authoritarian.

Social worker (counselor) role

Provide offenders with whatever is available to bring about change of behavior.

Permissive.

6.4: Analyze the probation officer role and models of probation supervision.

Law enforcement officers are authoritarian, which requires unquestioning compliance and tends to lead to hostility and rebellion in children (and perhaps probationers.)

More counseling-oriented officers can be permissive, setting few rules and feeling reluctant to enforce violated rules. This can invite lack of respect and noncompliance.

Probationers with hybrid probation officers have just a 6% rate of new convictions.

Stohr, Corrections: The Essentials 4e

The Probation Officer Role and Models of Probation Supervision (6 of 6)

Models of Probation Supervision

“Hybrid” role approach:

Authoritative, neither permissive nor authoritarian.

Firm but fair, with clear and proportional consequences tempered by supportiveness.

Probationers have just a 6% rate of new convictions when supervised by hybrid officers.

6.4: Analyze the probation officer role and models of probation supervision.

Some officers follow a “hybrid approach,” following each model when appropriate.

Hybrid officers follow an “authoritative” approach, which psychology has established as the most effective parenting style.

They are firm but fair, establishing clear and proportional consequences but offering guidance and support to assist probationers in meeting their guidelines.

Probationers with hybrid probation officers have just a 6% rate of new convictions.

Stohr, Corrections: The Essentials 4e

Probation Violations and Graduated Sanctions (1 of 3)

Public cost-cutting has led to evidence-based research to reduce probation revocations.

15% of probationers were ultimately incarcerated in 2012.

Uniform strategies for responding to violations reduce courtroom visits and revocations.

Also equalizes the two types of officers who may over- or under-correct probationers.

6.5: Explain the purpose of graduated sanctions for technical violations of probation.

Budget cuts and cost-conscious politicians have turned the public gaze to evidence-based research to reduce probation revocations.

15% of probationers were ultimately incarcerated in 2012 (600,000 individuals).

Uniform strategies for responding to probation violations reduce courtroom visits and revocations (saving money) and also correcting the tendencies of law-enforcement oriented officers and social-work oriented officers to over- and under-correct.

Stohr, Corrections: The Essentials 4e

Probation Violations and Graduated Sanctions (2 of 3)

Parole officer careers:

Median income $53,020.

Federal, state, and local benefits often better than the private sector.

Demanding and sometimes dangerous job, with less than adequate conditions; 35% to 55% of officers had been victims of threatened or actual violence.

6.6: Identify sources of stress commonly encountered related to the job duties of a probation officer.

Parole officer careers:

Median annual income $53,020.

Lowest 10% made $34,630.

Highest 10% made $94,770.

Federal, state, and local benefits are typically better than those of the private sector.

Paid vacation.

Sick leave.

Pension.

Health, dental, and life insurance.

Demanding and sometimes dangerous job, with less than adequate conditions.

35% to 55% had been victims of threatened or actual violence.

Stohr, Corrections: The Essentials 4e

Probation Violations and Graduated Sanctions (3 of 3)

Greatest stressors to parole officers:

Poor salary, no advancement opportunities.

Excessive paperwork and large caseloads.

Lack of community resources.

Frustration with the inadequacies of the system.

Stressors may lead to psychological withdrawal, which impacts probationers and the greater community through absenteeism and turnover.

Participatory management (workplace democracy) strategies have shown promise in reducing stress.

6.6: Identify sources of stress commonly encountered related to the job duties of a probation officer.

Potential for high levels of stress due to:

Poor salary.

Poor promotion opportunities.

Excessive paperwork.

Lack of community resources.

Large caseload.

Frustration with the inadequacies of the criminal justice system.

Stressors may lead to psychological withdrawal from the job, shortchanging both probationers and the community.

Frequent absenteeism.

High turnover.

Participatory management (workplace democracy) strategies have experimentally shown promise in improving employee empowerment and reducing stress.

Stohr, Corrections: The Essentials 4e

Engaging the Community to Prevent Recidivism (1 of 2)

Probation in Japan:

High numbers of volunteer officers, with an average of 2.5 probationers for every officer.

Being a probation officer confers high status.

Social bonds and social capital are powerful barriers against offending.

Connections to others promote prosocial/discourage antisocial behavior.

People who lack bonds lack a stake in community conformity.

6.7: Describe the benefits of engaging the community in offender rehabilitation.

Japan has high rates of volunteer probation officers due to the high status the position confers (average ratio of 2.5 probationers to 1 probation officer.)

Social bonds and social capital are powerful barriers against criminal offending.

Connections to others promote prosocial and discourage antisocial behavior.

Lack of social bonds results in a lack of stake in community conformity.

Stohr, Corrections: The Essentials 4e

Engaging the Community to Prevent Recidivism (2 of 2)

Felons are deficient (lacking good things) rather than pathological (being bad people.)

The community is a bank of social capital:

People apply for a “loan” to receive this social capital and improve their lives.

Time spent in employment and prosocial groups decreases time spent with antisocial others who may plan criminal activities.

Good case management requires community involvement.

6.7: Describe the benefits of engaging the community in offender rehabilitation.

Felons as deficient (lacking good things) rather than pathological (being bad people):

The community is like a bank, with social capital instead of money.

Education.

Employment.

Networks of prosocial individuals (organizations and clubs like churches and hobby centers.)

Offenders may apply for a “loan” to receive this social capital to improve their lives.

Time spent in steady employment and prosocial groups decreases time in which antisocial others may plan antisocial and potentially criminal activities.

Thus, good case management requires community involvement.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (1 of 7)

Intermediate sanctions: Innovative alternative sentences to prison or probation.

Less punitive than prison.

More punitive than straight probation.

Way of easing prison overcrowding and financial costs without endangering community.

1-year recidivism rates are actually similar to those of offenders released from prison.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Intermediate sanctions: A number of innovative alternative sentences that may be imposed in place of the traditional prison/probation dichotomy.

Theoretically eases overcrowding and financial expenditure while still protecting the community.

However, recidivism rates are not too different from offenders released from prison within the first year.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (2 of 7)

Work Release

Work release programs: Designed to control offenders in secure environment while allowing them to maintain employment.

Typically in or adjacent to jails.

Offenders only allowed out for work purposes.

May save taxpayer money by charging offender for accommodations.

Least likely of community-based corrections offenders to be rearrested within 5 years.

Still likely to recidivate: 64% of successfully released and 71% of unsuccessfully released reoffended within 5 years.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Work release programs: Programs designed to control offenders in a secure environment while at the same time allowing them to maintain employment.

Typically in or adjacent to county (and sometimes state) jails.

Allowed out only when working.

May save taxpayer money of offender pays the cost of accommodations with their earnings.

Least likely of community-based corrections offenders to be rearrested within 5 years.

However, 64% of successfully released and 71% of unsuccessfully released offenders were still rearrested within 5 years.

Percentages are consistent year to year.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (3 of 7)

Intensive Supervision Probation

Intensive supervision probation (ISP): Involves more frequent surveillance and is limited to serious offenders that nonetheless have a chance for rehabilitation.

Daily meetings and frequent testing/surveillance.

May coerce offenders into prosocial activity, resulting in lower probabilities of reoffending.

Negative connotations of “coercion,” but coerced treatment has better outcomes than voluntary.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Intensive supervision probation (ISP): Probation that involves more frequent surveillance of probationers and that is typically limited to more serious offenders in the belief that there is a fighting chance that they may be rehabilitated (or to save the costs of incarceration).

Closely supervised, with daily meetings and frequent drug testing/surveillance.

May coerce offenders into prosocial activity, which still results in lower probabilities of reoffending.

While “coercion” has negative connotations, probationers and parolees typically don’t volunteer for programs and activities that would benefit them and society.

“Judicious use of carrots and sticks.”

Coerced treatment often has more positive outcomes than voluntary, perhaps due to the threat of criminal justice sanctions.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (4 of 7)

Shock Probation and Parole and Boot Camps

Shock probation/parole is a brief prison sentence followed by community corrections.

Correctional boot camps: Young and nonviolent offenders subjected to military-style discipline and physical and educational programs.

More punitive than prison.

Both designed to literally shock offenders into quitting criminal lifestyles with brief exposures.

Early research in the 1970s and the 1980s concluded shock probationers/parolees had lower recidivism.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Correctional boot camps: Facilities modeled after military boot camps where young and nonviolent offenders are subjected to military-style discipline and physical and educational programs.

Surprisingly, more punitive than prison. Both offenders and judges agreed that offenders would rather spend a year in prison than go to boot camp for less than six months.

Research in the 1970s and the 1980s when these programs began concluded shock probationers/parolees had lower recidivism rates.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (5 of 7)

Victim–Offender Reconciliation Programs

Victim–offender reconciliation programs: Designed to bring offenders and victims together and reconcile wrongs caused.

Many victims seeking justice, not revenge.

Used most frequently in juvenile justice.

Rarely used in any age group for violent crime.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Victim–offender reconciliation programs (VORPs): Programs designed to bring offenders and their victims together in an attempt to reconcile the wrongs offenders have caused.

Many crime victims are seeking their vision of fairness, justice, and restitution rather than punishment or revenge.

Used most often in the juvenile system.

Rarely used for violent crimes in any age group.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (6 of 7)

Victim–Offender Reconciliation Programs

Integral part of restorative justice philosophy.

Restorative justice: An approach that equally weights community protection, offender accountability, and offender.

Balanced approach: 3-pronged goal of juvenile justice system: protecting community, holding youths accountable, providing treatment and positive role models.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Restorative justice: A system of justice that gives approximately equal weight to community protection, offender accountability, and the offender.

Balanced approach: A three-pronged goal of the juvenile justice system: (a) to protect the community, (b) to hold delinquent youths accountable, and (c) to provide treatment and positive role models.

Stohr, Corrections: The Essentials 4e

Intermediate Sanctions (7 of 7)

Victim–Offender Reconciliation Programs

90% of VORP sessions result in restitution contracts:

80%-90% of sessions completed satisfactorily.

Offenders agree to pay an average of 95% more than court would grant.

Benefits to victims:

Reduces fear and provides insight into the offender’s situation.

Satisfying to tell offenders how they felt and participate in the justice process.

Receipt of restitution.

6.8: Identify the various intermediate community sanctions and what they have to offer.

Benefits to victims:

Reduces fear of revictimization.

Opportunity to tell offenders how they felt.

Satisfaction of participating in the justice process.

Insight into the crime and the offender’s situation.

Receipt of restitution.