CJUS 320 Liberty University Parole and Probation Essay.pdf

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CJUS 320

MINI-PAPER: PROBATION AND PAROLE ASSIGNMENT INSTRUCTIONS

OVERVIEW

The purpose of this assignment is for you to demonstrate your ability to apply a working

knowledge of the theories, terminology, concepts, and strategies covered in this course.

INSTRUCTIONS

Examine the history and development of probation and parole in the correctional system. What

are the four reasons for probation and the goals achieved throughout the process? What are the

types of parole and the conditions that are often assigned to the offender? In addition, what kind

of collaboration and accountability is necessary to ensure the proper execution of these

correctional methods (e.g. probation officers, parole officers)? When answering these questions,

please be sure to consider the impact that these forms of community corrections have on the

correctional process.

Items to include are outlined as follows:

 Length of assignment: the body of the paper must be no more than 3 pages.

o In addition to the body, the paper must include a title page and reference page.

These are required in addition to the 3-page length requirement.

 Format of assignment: current APA format and writing must be supported with properly

formatted in-text citations

 Number of citations: 2 in addition to the Bible

 Acceptable sources: Sources must be scholarly, reliable and relevant to the topic, and

current to within the last 7 years. The intentional and appropriate integration of Scripture

must be present, as it relates to the topic

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

Chapter 8

Parole:

Early Release and

Reentry

Learning Objectives

•Present a brief history of American parole

development.

•Understand the function of parole in the criminal

justice system.

•Define parole and explain the parole decision-making

process.

•Describe the characteristics of the parole population.

•Explain what works in parole supervision.

•Summarize current issues in parole.

Parole

Conditional release of a prisoner, prior to

completion of the imposed sentence, under the

supervision of a parole officer.

Discretionary release: Early release based on

the paroling authority’s assessment of eligibility.

Mandatory release: Early release after a time

period specified by law.

Historical Overview 1

•The parole concept has its roots in an 18th-

century English penal practice—indentured

servitude.

•The first legislation authorizing parole in the

United States was enacted in Massachusetts in

1837.

Historical Overview 2

The Wickersham Commission reported that

parole was logical because it was an inexpensive

way to supervise offenders.

•Parolee earns money, unlike a prisoner who does not

earn anything.

Exhibit 8.2: American Probation

and Parole Association

Position Statement on Parole.

The mission of parole is to prepare, select, and assist offenders who, after a

reasonable period of incarceration, could benefit from an early release while, at the

same time, ensuring an appropriate level of public protection through conditions of

parole and provision of supervision services. This is accomplished by:

•assisting the parole authority in decision making and the enforcement of parole

conditions;

•providing prerelease and postrelease services and programs that will support

offenders in successfully reintegrating into the community; and

•working cooperative with all sectors of the criminal justice to ensure the

development and attainment of mutual objectives.

Source: Reprinted with permission of American Probation and Parole Association.

Reentry

Use of programs for effective reintegration of

offenders back to communities upon release

from prison and jail.

Reasons for ineffectiveness.

•Insufficient parole supervision.

•Parole has shifted from a service orientation to a

surveillance-oriented, control-based strategy.

•Budget constraints affect responses to technical

violations

Women Offenders

Most of them are black, Hispanic, or of other

nonwhite ethnic groups.

Have:

•High rate of prior sexual or physical abuse.

•High rates of positive-HIV status and other sexually

transmitted diseases.

•High alcohol, drug use, and addiction rates at the

time of arrest.

Exhibit 8.3: Service Needs of State

and Federal Prisoners

Area of Need Prevalence (Percentage of All Prisoners)

Substance abuse

Physical or mental disability

No high school diploma

No diploma or G E D

Earned less than $600/month prior to

incarceration

Homeless before or after incarceration

Source: The Council of State Governments.

Reentry Programs to Help the Formerly

Incarcerated

The Second Chance Act provides support for

comprehensive reentry programming to:

•Reduce substance addiction.

•Implement educational practices that work best for

incarcerated persons.

•Allow nonprofit organizations to receive funding for

career training.

•Put accountability measures in place and ensure tax

dollars are spent responsibly.

Granting Parole: The Paroling

Authority

Paroling authority: A person or correctional

agency with the authority to:

•Grant parole.

•Revoke parole.

•Discharge from parole.

Granting Parole: The Hearing

Attended by:

•Victims.

•Applicant.

•Institutional representative.

•Hearing examiners or parole board members.

Conditions of Parole 1

Report upon release.

Maintain employment/training/treatment.

Report monthly.

Obey laws/orders.

Obtain travel permit before traveling.

No firearms/weapons.

Conditions of Parole 2

No drugs.

Report police contact.

Do not work as an informant.

No contact with prisoners or felons.

Cannot leave area.

Obey all orders/special conditions.

Nonrevocable Parole (NRP)

Type of unsupervised parole that cannot be

revoked for technical violations.

•Person does not report to a parole officer.

Introduced by the California legislature.

Eligibility: Offenders convicted of nonviolent,

nonsexual, low-level crimes and those who have

been assessed and determined not to be a

threat to society.

Exhibit 8.10: Selected Characteristics

of Adults on Parole

Source: Bureau of Justice Statistics

Access the text alternative for slide image.

Parole Supervision: What Works?

What Works in Reentry Clearinghouse was

developed for the National Reentry Resource

Center with funding through the Second Chance

Act.

•Purpose: To provide government agencies and

criminal justice practitioners a scientifically solid

basis for deciding which reentry programs work.

Parolee Voting Rights

Arguments for felon

disenfranchisement.

•Should be denied voting rights

as a matter of principle.

•States have the right to deny

felons the right to vote as

added punishment.

•Sends a message about

respect for the law.

•Felons cannot be trusted to

make politically informed

decisions.

Arguments against felon

disenfranchisement.

•Voting is a right guaranteed by

the Constitution.

•Unfair to minorities.

•Not an effective form of

punishment.

•Inconsistent with reentry.

•Would result in groups being

considered ineligible one after

the other.

Reentry Court

Manages the return to the community of individuals

released from prison.

Core elements that a reentry court should have

proposed by the U.S. Department of Justice:

•Assessment and planning.

•Active judicial oversight.

•Case management of support services.

•Accountability to the community.

•Graduated sanctions.

•Rewarding success.

Reintegration Involving Victims

Victims can assist parole boards by:

•Providing parole board members and officers relevant information.

•Offering their experience and expertise.

•Encouraging offender accountability.

Rights given to victims by most states.

•Be notified about parole proceedings.

•Be heard on matters about offender’s parole.

•Be present at parole proceedings.

•Receive restitution as a condition of parole.

Exhibit 8.12: States That Have Abolished

Discretionary Release 1

For All

Offenders

Arizona

California*

Delaware

Florida**

Illinois

Indiana

Kansas***

Maine

For Certain Violent

Offenders

Alaska

Louisiana

New York

Tennessee

*In 1976 the Uniform Determined Sentencing Act abolished discretionary parole for all

offenses except some violent crimes with a long sentence to life.

**In 1995 parole eligibility was abolished for offenses with a life sentence and a 25-year

mandatory term.

***Excludes a few offenses, primarily first-degree murder and intentional second-degree

murder.

****Excludes murder and aggravated murder.

Source: Bureau of Justice Statistics.

Exhibit 8.12: States That Have Abolished

Discretionary Release 2

For All Offenders

Minnesota

Mississippi

North Carolina

Ohio****

Oregon

Virginia

Washington

Wisconsin

*In 1976 the Uniform Determined Sentencing Act abolished discretionary parole for all

offenses except some violent crimes with a long sentence to life.

**In 1995 parole eligibility was abolished for offenses with a life sentence and a 25-year

mandatory term.

***Excludes a few offenses, primarily first-degree murder and intentional second-degree

murder.

****Excludes murder and aggravated murder.

Source: Bureau of Justice Statistics.

Reasons for Abolition of

Discretionary Parole Board Release

•Inability to achieve offender rehabilitation.

•Elimination of discretionary parole appeared

to be tough on crime.

•Parole boards’ lack of openness in the

decision-making process.

•State politicians convinced the public that

parole was the cause of the rising crime

problem and that abolition was the solution.

Prisoner Reentry

Must address the following issues:

•Community corrections officers unable to handle the

number of persons being released.

•Offenders leaving prison unprepared for successful

reentry.

Communities that provide prisoners the services and

environment to transition successfully into the

community will also protect themselves from further

harm.

Community-Focused Parole

Process of engaging the community so that the

community engages parole.

Changes required in the current parole practice.

•A mission statement that the public understands.

•Increase in the visibility of parole work.

•Building partnerships.

Chapter 4

Probation: How

Most Offenders

Are Punished

Learning Objectives

•Define probation and know its goals.

•Explain the reasons for using probation.

•Describe some of the characteristics of adults on probation.

•Explain the different ways that probation is administered.

•Describe the measures used to evaluate probation.

•Describe the investigation and supervision functions of

probation officers.

•Explain revocation hearings.

Probation

Conditional release of a convicted offender into

the community, under the supervision of a

probation officer.

•It is conditional because it can be revoked if certain

conditions are not met.

Reasons for Probation

•Permits offenders to remain in their

communities and facilitates reintegration.

•Avoids the institutionalization and stigma of

imprisonment.

•Less expensive, more humanitarian, and as

effective as incarceration.

•Fair treatment for offenders whose crimes do

not merit incarceration.

Goals of Probation

•Protect the community.

•Carry out court-imposed sanctions.

•Identify the level of supervision and the

services probationers need.

•Support crime victims.

•Coordinate and promote the use of

community resources.

History of Probation

•John Augustus developed conditions of

probation and helped offenders with

employment, education, and housing.

•The National Probation Act of 1925 made

probation a national institution.

Exhibit 4.3: Selected Characteristics of

Adults on Probation

Source: Bureau of Justice Statistics.

Access the text alternative for this image.

Exhibit 4.4: Administration of Adult

Probation in the United States

Source: National Institute of Corrections. Access the text alternative for this image.

Does Probation Work?

Recidivism: Repetition of criminal behavior,

generally defined as rearrest.

•Primary outcome measure for probation.

Combining control-focused strategies with

treatment strategies reduces recidivism rates of

program participants compared with a

treatment-as-usual group.

Guidelines for Effective

Rehabilitation

Target criminogenic needs.

Provide intensive services to high-risk offenders.

Match styles of service delivery to offender responsivity.

Adhere to the principles of social and behavioral learning.

Emphasize positive reinforcers rather than negative ones.

Develop offender coping skills.

Employ staff supportive of offender rehabilitation.

Case Investigation

Interviewing the defendant and

preparing the presentence report (PSR).

Presentence Report

Assists the court in reaching a fair sentencing

decision.

•Includes information on the offender’s:

•Current offense.

•Past adult and juvenile criminal record.

•Family history, background, and personal data.

Outlines a treatment plan for the offender.

Creation Process of a PSR 1

Starts with an interview between the P O and

the defendant.

•Interview follows a structured format to obtain

information about the offense and the offender.

Creation Process of a PSR 2

•P O estimates the offender’s degree of risk to

the community and need factors that impact

criminal behavior.

•P O summarizes the information gathered

and, in most jurisdictions, makes a sentence

recommendation.

Disclosure of Presentence Reports

Reasons for Opposing.

•Might dissuade persons from

giving information if the defendant

will know about it.

•Court proceedings may be delayed

if the defendant challenges the

information.

•Sharing information with the

defendant might be harmful to him

or her.

•PSR is a private and confidential

court document.

Reason for Advocating.

•Fundamental fairness and due

process demand that convicted

persons should have access to

the information in the PSR on

which their sentence is based so

they can correct inaccuracies.

Supervision

Consists of resource mediation, surveillance,

and enforcement.

•Resource mediation: Providing offenders access to a

wide variety of services.

•Surveillance: Monitoring the activities of

probationers.

•Enforcement: Making probationers accountable for

their behavior and making sure they understand the

consequences.

Strategies to Build Rapport between the

Probationer and Probation Officer (P O)

Sincerity.

High service energy.

Knowledge of the probationers’ culture.

Nonjudgmental attitude.

Helping probationers with needed resources.

Exhibit 4.6: Adult and Juvenile

Caseload Standards

ADULT STANDARDS

Case Type

Cases

-to-Staff Ratio

Intensive

20:1

Moderate to high risk

50:1

Low risk

200:1

Administrative

No limit? 1,000?

JUVENILE STANDARDS

Case Type

Cases

-to-Staff Ratio

Intensive

15:1

Moderate to high risk

30:1

Low risk

100:1

Administrative

Not recommended

Source: American Probation and Parole Association, Caseload Standards for Probation and Parole (Lexington, KY: APPA, September, 2006).

Reprinted with permission of Mr. William D. Burrell.

Technology and Supervision

Technology helps probation officers to:

•Track fine and probation payments.

•Be notified when clients are behind on payments.

•Track if probationers have satisfied the conditions of

their sentences.

•Conduct kiosk reporting, alcohol detection, voice

verification, and facial recognition tests.

•Map technology or geographic information systems.

Revocation of Probation

Revocation: Formal termination of an offender’s

conditional freedom.

Revocation hearing: Due process hearing that

determines whether:

•Conditions of probation have been violated before

probation can be revoked.

•Offender can be removed from the community.

Revocation Triggers

Technical violation: Failure to comply with the

conditions of probation.

Absconding: Fleeing without permission of the

jurisdiction in which the offender is required to

stay.

New offense violation: Arrest and prosecution

for the commission of a new crime.

Conditions for Revocation Hearings

Written notice of the charge.

Disclosure of the evidence to the probationer.

Opportunity to be heard in person and to present evidence as well as

witnesses.

Right to confront and cross-examine witnesses.

Right to judgment by a detached and neutral hearing body.

Written statement of the reasons for revoking probation.

Right to counsel under special circumstances.

Parole and Probation

Name

Institutional affiliation

Course

Tutor

Date

Parole and Probation

While it is ordinarily expected that persons convicted of committing crimes are sent to

jail for a specified period, this is not usually the case. There are cases where convicts do not

serve their full sentences or when they do not go to jail at all. This leads to the concepts of

parole and probation. In the course of handing down a sentence, a court may determine that a

convict may not serve any time in jail or only serve a small portion of the sentence. On the

other side, a parole is granted after a convict has served some portion of the sentence in jail

whereupon they get released before completing the term (Trotter, 2013). Since parole and

probation are granted under certain conditions, they may always be revoked when the

subjects do not adhere to the regulations. The concepts of parole and probation are contained

in the Holy Bible as it is recorded that “And besides all this, between us and you there is a

great chasm fixed, so that those who wish to come over from here to you will not be able, and

that none may cross over from there to us’ (English Standard Version Bible, 2001, Luke

16:26).

Source: https://bible.knowing-jesus.com/topics/Probation-Period

While appreciating the differences inherent in probation and parole, there are certain

similarities that they share. One of these similarities is on their origin. Both probation and

parole originally developed as possible interventions to reduce the severity or harshness of

punishments. These were practices in the English and later on in American courts. In the

English courts, the judges had the powers to suspend sentences or vary them so that the

convicts served only a small portion of the time or served no time at all in jail. On the other

side, parole was attributed to the 19th century English and Irish leaders, Captain Alexander

Maconochie, Sir Walter Crofton, respectively, who were of the opinion that jail term should

not be fixed but should be dependent on the level of rehabilitation of convicts (Labrecque,

2017).

There are several reasons for probation. One of the reasons for probation is restitution to the

victims. In some cases, the court may determine that a suspect is not jailed but instead they

pay their victims specific sums of money. The goals of this is to deliver justice to the victims

of crime. The second reason for probation is to allow the convicts to be rehabilitated,

especially when it is their first offence. The goals of this reason is to provide a second chance

to the offenders to change their behavior. Another reasons for probation is to give convicts an

opportunity to integrate into society and to get their lives back on track by giving them some

services that they may require. The final reason for probation is to allow convicts to get the

treatment that they may need. Some convicts may be so unwell that locking them up may

have adverse effects on them or even possibly lead to loss of their life.

There are three major types of parole today. They include discretionary, mandatory, and

expiatory paroles. A discretionary parole that maybe granted on the discretion of the parole

board. It can be denied or it can be granted. Mandatory parole is granted when prisoners hit

some time of their stay in the prison. The final type of parole is expiatory parole and it is

granted when a prisoner has completed a sentence and there were no ‘good days’ factored.

There are some conditions that are usually associated with paroles. One of them is to avoid

contact or communication with either victims or criminals. Additionally, they may be

required to maintain residence and employment. Moreover, the individuals may be required

to avoid substance abuse.

Community corrections have important roles to play in the correctional process and their

impact cannot be ignored. One of the impacts is that they help to reduce the burden on the

criminal justice system. Both parole and probation make sure that people only go to jail when

it is unavoidable and when staying out of prison is likely to harm other member of society

(Schaefer & Brewer, 2022). It is important to note that keeping people in jail is very

expensive and a lot of resources will be expended on the same. Parole and Probation helps to

significantly lower the costs.

In conclusion, in the course of handing down a sentence, a court may determine that a convict

may not serve any time in jail or only serve a small portion of the sentence. On the other side,

a parole is granted after a convict has served some portion of the sentence in jail whereupon

they get released before completing the term. Both probation and parole originally developed

as possible interventions to reduce the severity or harshness of punishments. These were

practices in the English and later on in American courts.

References

Trotter, C. (2013). Parole and probation. In What works with women offenders (pp. 143-160).

Willan.

Labrecque, R. M. (2017). Probation in the United States: A historical and modern

perspective. Routledge Handbook of Corrections in the United States, 155-164.

Schaefer, L., & Brewer, S. (2022). Probation and parole: From control to case management.

In Handbook of Issues in Criminal Justice Reform in the United States (pp. 275-290).

Springer, Cham.

English Standard Version Bible. (2001).

CJUS 320 Liberty University Parole and Probation Essay.pdf

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