Judicial Reprieve
The common law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence or demonstrate that they had reformed their behavior.
Recognizance
The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior.
Sureties
In the middle ages, people responsible for the behavior of an offender released before trial.
Probation
A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court (in person of a probation officer), subject to certain conditions for a specified time. An alternative to incarceration. Violation o
Probation Rules
Conditions or restrictions mandated by the court that must be obeyed by a probationer.
Revocation
An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer.
Suspended Sentence
A prison term that is delayed while the defendant undergoes a period of community treatment if the treatment is successful, the prison sentence is terminated.
Pre-sentence Investigation
An investigation performed by a probation officer attached to a trial court after the conviction of a defendant. The report contains information about the defendant's background, education, previous employment, and family; his or her own statement concern
Intake
The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings; also, the process in which a juvenile referral is received and a decision is made to file a petition in the juvenile court, r
Minnesota v. Murphy
Probation Officer/Client relationship is not confidential. Probation officers and Police officers communicate and share information.
Griffin v. Wisconsin
Probationer's home may be searched without a warrant because probation departments have in mind the welfare of the probation and must respond quickly to evidence of misconduct.
Risk Classification
Classifying probationers so that they may receive an appropriate level of treatment and control.
Day Fees
A program requiring probationers to pay some of the costs of their treatment.
Intermediate Sanctions
Punishments that fall between probation and prison ("Probation Plus"). Community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration.
Fine
A money payment levied on offenders to compensate society for their misdeeds.
Day Fine
A fine geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process.
Forfeiture
The seizure of personal property by the state as civil or criminal penalty.
Zero Tolerance
The practice of seizing all instrumentalities of a crime, including homes, boats, and cars. It is an extreme example of the law of forfeiture.
Restitution
A condition of probation in which the offender prepays society or the victim of crime for the trouble and expense the offender caused.
Monetary Restitution
A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out-of-pocket losses caused by the crime.
Community Service Restitution
An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence.
Shock Probation
A sentence in which offenders serve a short prison term before they begin probation, to impress them with the pains of imprisonment.
Split Sentence
A practice that requires convicted offenders criminal to spend a portion of their sentence behind bars and the remainder in the community.
Intensive Probation Supervision
A type of intermediate sanction involving small probation caseload and strict monitoring on a daily or weekly basis.
House Arrest
A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own home-- such as from 5:00pm Friday to 8:00am Monday.
Electronic Monitoring
Requiring convicted offenders to wear a monitoring device as part of their community sentence.
Residential Community Corrections
A non secure facility, located in the community, that houses probationers who need a more secure environment.
Day Reporting Center
A nonresidential community based treatment program.
Restorative Justice
A view of criminal justice that focuses on crime as an act against the community rather than the state. Justice should include all parties affected by--victims, criminals, law enforcement, and the community.
Sentencing Circles
A type of sentencing in which victims, family members, community members, and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community.