it is possible to consider ________to be one of the earliest forms of community corrections.
probation
probation
The conditional freedom granted an alleged or adjudged adult or juvenile o?ender in lieu of incarceration.
Even before probation had evolved into its current form, certain legal remedies allowed accused and convicted criminals alike to prove they deserved a second chance. Those remedies�the forerunners of modern probation� included _________
judicial reprieve, bail, and release on one's own recognizance.
judicial reprieve
was the suspension of a penal sanction for a ?xed time. It gave an o?ender time to petition the Crown for mercy, which was the only way a sentence�usually the death penalty� could be permanently set aside.
Originally used only as a stay of execution, later courts used the ________ to delay any sentence inde?nitely.
judicial reprieve
By the _________ English judges began suspending sentences in return for a speci?ed period of good behavior.
eighteenth century,
Bail
is money or property pledged to or held by the court to ensure that an arrested and charged individual will appear for trial.
release on recognizance (ROR)
operated much like modern bail: the accused posted a bond or surety deposit with the court.
release on recognizance (ROR) operated much like modern bail: the accused posted a bond or surety deposit with the court. Its formalization can be traced to the ________ of 1679 ,
Habeas Corpus Act
Habeas Corpus Act of 1679
A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or o?ences for which by law the Prisoner is not bailable
In 1830, release on recognizance ROR came to mean release from custody based solely on one's ______to return for trial.
personal word
in 1830, Boston Municipal Court Judge _______allowed Jerusha Chase, a defendant he had found guilty of thievery, to leave the court's custody with the promise that she would return when her pres-ence was required
Peter Oxenbridge Thatcher
Who was the father of probation?
John Augustus
_____ was the ?rst to conduct presentence investigations, to set conditions of release, to make supervision mandatory, to report on probationers' progress, and to revoke the conditional release.
Augustus
After Augustus died, volunteers continued to provide probation for Boston's courts until the city hired a professional probation o?cer in ______, the year the Commonwealth of Massachusetts adopted a probation statute.
m
1878
Missouri, adopted a ________authorizing its courts to suspend sentences under certain conditions. The Missouri statute also provided that a "parole o?cer" supervise this misnamed form of probation
bench parole
in most jurisdictions, responsibility for probation services lies with the _______branch of the state government.
executive
_______is the only jurisdiction that places control of probation with the local executive (New York City Probation Department) and state executive (O?ce of Probation and Correctional Alternatives, under the New York State Division of Criminal Justice Serv
New York
The Supreme Court ruled in ________(1970) that probation is a privilege, not a right.
United States v. Birnbaum
both federal and state statutes actually prohibit probation for certain types of o?enses. For example, most states deny probation to o?enders convicted of________
murder, kidnapping, or rape
presentence investigation (PSI)
is a detailed examination, prepared by a probation o?cer, caseworker, or other court o?cer, of a criminal defendant's life.
reviews the o?ender's records (school, police, and, with a court order, medical records) and the thoughts of people who had regular contact with the o?ender (family members, friends, coworkers, teachers, coaches, religious leaders).
presentence investigation (PSI)
judges follow PSI recommendations between ______percent of the time
70 and 90
In the PSI, probation o?cers answer three questions.
First, what circumstances promote a sentence other than prison?
Second, what aggravating circumstances suggest that prison, rather than a community-based sentence, is the best alternative for this o?ender?
Third, does the defendant�now a convicted criminal�have special needs or problems that the free community can meet best?
Much of the PSI's content is legally ______: that is, someone other than the informant either saw or heard the defendant do or say something.
hearsay
Two factors may intervene between a probation o?cer's recommendation and the trial court's sentence.
plea bargaining
overcrowding
Rather than simply dividing caseloads into felony or misdemeanor probationers, most probation departments make use of________
risk-management classi?cations.
risk-management classi?cations
administrative
minimum supervision
medium supervision
intensive supervision
Administrative
is for the lowest risk o?enders, who are generally viewed as posing no serious public safety threat, along with virtually no history of crime. Probation o?cers' contacts with these probationers are minimal and are generally reactive-only, not proactive.
Minimum supervision
is for o?enders who pose no signi?cant public safety threat and have no history of serious crime (that is, their o?enses mainly are misdemeanors or, in fewer instances, property felonies). These low-risk probationers generally contact their probation o?cer by mail or phone once a month or even less frequently.
Medium supervision
is for o?enders who pose no signi?cant threat to public safety but who do have histories of serious crime. These releasees must report in person at least once a month, and the o?cer may make occasional visits to their places of work or residence.
Intensive supervision
is for o?enders who have histories of violent behavior. They must report to their probation o?cer several times a month and are subject to even more frequent work-place and home visits than are probationers under medium supervision.
workload
refers to the amount of time needed to complete various tasks associated with supervising one's clients.
caseload
The number of clients assigned to a given supervision o?cer
Using a _______ approach, the number of cases supervised is typically determined in accordance with the supervision level assigned to the probationers
caseload
Using a _______method, the time spent on an individual case may vary according to supervision level, type of o?ense, and supervisee needs, a much more individualized approach that can lead to much less predictability as to an individual o?cer's output per
workload
mixed caseload
both misdemeanants and felons among the probationers they supervise.
conditions of probation
The probationer will report in person to the probation authority when released from custody and regularly for a stipulated period afterward; subsequently, the probationer will make written reports on a regular (often monthly) basis. ? The probationer will not violate state or federal statutes. ? If the police arrest or detain the probationer, he or she will make a report to the probation o?cer within a certain time (usually 48 to 72 hours). ? The probationer will not drink alcohol to excess (or at all, if this is a condition of release) and will not use, buy, possess, give, sell, or administer any controlled substances. ? The probationer will not own or have under his or her control any type of ?rearm. ? The probationer will not change his or her job or place of residence without the prior approval. ? The probationer will not leave the jurisdiction of the court without obtaining a travel permit. ? The probationer will not apply for a driver's license or a marriage license without prior approval. ? The probationer will not associate with people who have criminal records. ? The probationer will cooperate with the probation o?cer at all times, which includes providing correct and true information verbally and in writing.
Intensive supervision programs (ISPs)
Curfews, multiple weekly contacts with case managers, strict enforcement of conditions, unscheduled drug testing, and community service requirements are common elements
zero tolerance for drug use
intensive probation for juvenile o?enders conducted by RAND
found little support for the idea that a coordinated e?ort between probation o?cers, nonprobation service coordinators, child and family services social workers, alcohol and drug treatment specialists, mental health social workers, city recreation sta?, mentors, police o?cers, community outreach workers, and restorative justice advocates would reduce recidivism
The authors also maintained that the most compelling reason for the continued use of ISPs is the concept of ________ , or letting the punishment ?t the crime:
just deserts
Jalbert, Rhodes and Flygare
found that ISP did indeed "have a salutary e?ect on probation outcome" and concluded that their study provided strong evidence that "case triage coupled with reduced caseloads for higher risk o?enders have bene?cial e?ects on probation outcomes.
Between 1990 and early in the twenty-?rst century, approximately ______ percent of probationers successfully completed their sentences�early, late, or on schedule
60
About ______ have what is described as an "unsatisfactory exit," which includes failing to meet all conditions of probation�normally only ?nancial conditions�or early terminations;
one in ten
_____ percent, are incarcerated following a conviction for a new o?ense or a violation of one or more conditions of probation, the latter being called a technical violation
16
In the wake of two Supreme Court decisions, Mempa v. Rhay (1967) and Gagnon v. Scarpelli (1973), probation services nationwide adopted a standardized process for revocation.
The probationer receives formal notice of the speci?c charges and a preliminary hearing date.
The _______determines probable cause that a violation has occurred.
preliminary hearing
revocation hearings and criminal trials are di?erent in at least two important ways.
a preponderance of evidence applies.
hearsay evidence, often is used in revocation hearings.
Probation accounts for ________ of all adults under some form of correctional supervision in the United States.
four in seven
Texas and Georgia had ______ percent of all probationers.
20
2009 and 2010, ______ was one of ?ve states that helped account for half of all the nation-wide decreases in probationers
Texas
(along with California, Florida, Maryland and Minnesota);
The average probationer in 2010 was a ________, a characterization that had not changed in more than a decade
white male
Women, who constituted only 7 percent of those convicted of crimes, made up ______ percent of state probationers.
24
Although blacks accounted for a smaller proportion of probationers than of those in jail or prison inmates, they were still present in the probation population at a percentage _______ that was more than twice their proportion in the general population.
30 percent
_______of all probationers in 2010 committed felonies; most (47 percent) of the rest committed a misdemeanor, with only about 2 percent on proba-tion for some other kind of legal infraction
Half
A property crime was the most serious crime for ____ percent of the probationers, followed closely by drug law violations (26 percent).
28
extrainstitutional punishment . It means criminal sanctions administered outside a secure correctional facility.
Copyright | Wiley-Blackwell | Essentials of Corrections | Edition 5 | lostinspace@ymail.com | Printed from www.chegg.com
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Intermediate sanctions
are extrainstitutional punishments: they include all types of correctional programming between traditional probation and prison. These sanctions expand the scope of corrections programs in the United States;
Diversion
is the process of removing individuals from the formal system of prosecution and adjudication, and placing them in a less-formal treatment setting.
Criminologists tie the modern concept of diversion to Edwin Lemert's (1951) work on _______
labeling
labeling
the process through which individuals adopt the characteristics of whatever it is they have been designated by those powerful enough to make the new status stick.
sursis
In European civil law, the unsupervised release of a convicted o?ender conditioned solely on good behavior.
Many types of diversion programs exist. Here we look at two categories that focus on self-awareness:
educational or informational programs, and counseling or self-help programs
Most diversion programs target _______o?enders.
?rst
Counseling or self-help programs also can be informational. They tend to stress
self-discovery and coping skills�anger management and problem solving
net widening
The idea that the more options a correctional program�or any criminal justice agency�has, the more people will be brought under some form of social control.
_______ is said to occur when a diversionary program designed to reduce the overall volume of contacts with and depth of penetration into the justice system does just the opposite.
Net widening
criticism facing diversion programs
net widening and the evaluation of program e?ectiveness.
types of intermediate sanctions
fines, asset forfeiture, resititution
asset forfeiture
has been a weapon in the war against organized crime and Federal prosecutors frequently use it under the Racketeer In?uenced and Corrupt Organizations (RICO) statutes
restitution
either alone or with probation� serves as an economic sanction. In some instances, it is a stand-alone extrainstitutional sanction, but courts use it even for individuals sentenced to jail or prison time.
_______are among the fastest-growing penalties in community corrections.
Economic sanctions
benefits economic sanctions
saves money/bed space
generate revenue
community service
A form of community corrections, usually recommended in cases of vandalism and minor property o?enses. The intent is to secure some bene?ts for the public from the o?ender, increase o?ender accountability, and reduce the need for incarceration.
Benefits of community service for the offender
this sanction holds the o?ender accountable for the o?ense, which should help this person take responsibility for his or her future actions.
Second, the o?ender bene?ts by avoiding incarceration and by not incurring a ?nancial cost
Three issues plague community service endeavors
First, ensuring o?enders' accountability presents many problem
Second, there are questions about the supervision of o?enders involved in community service projects.
House arrest is a relatively old punishment concept that has been combined with a new enforcement mechanism: _______
electronic monitoring
In April 1983, Albuquerque, New Mexico, District Court Judge _______ordered the use of an electronic anklet for a probation violator.
Jack Love
Surveillance of?cers
are typically sworn peace o?cers or other probation employees with limited arrest powers
What is house arrest with electronic monitoring intended to achieve?
an alternative to incarceration, house arrest should save jail and prison bed space.
house arrest should save institutional space and should minimize the stigma and trauma faced by jail and prison inmates.
______, as a form of extrainstitutional punishments, share the goal of diverting o?enders from deeper and more lasting movement through the labyrinth of contemporary criminal justice.
Intermediate sanctions
Many but not all forms of intermediate sanctions function as diversion from the system; some, especially ?nes and restitution, are viewed as______ sanctions for both probationers and incarcerated o?enders.
add-on