Intro to cj ch 11 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 11: Probation and Parole



11.1

11.2

11.3

11.4

Explain why the criminal justice system provides for early release of inmates and the differences between

diversion,probation, and parole and between mandatory

release,good-time release, and pardon or commutation of

sentence.Identify the origins of, reasons for, processes of, and

prosand cons of probation.

Identify the origins of, reasons for, processes of, and pros

and cons of parole.

Summarize how people on probation and parole aresupervised.

CHAPTER OUTCOMES



11.1Explain why the criminal justice system provides for early release of inmates and the differences between diversion, probation, and parole and between mandatory release, good-time release, and pardon or commutation of sentence.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



Reasons for Early Release11.1

Prisons are expensive, and many states are forced to evaluate whether they can afford to continue

locking up criminals for long periods of time.

Many states are finding that prison spending competes with other needs. Taxpayers are

reluctant to keep spending money on corrections if that means less money to spend on schools.

Studies suggest that long-term incarceration may not be the best use of public resources

for nonviolent/non-sexual offenders.

Many states are turning to greater use of probation and parole as a means to curtail costs.



Diversion vs. Suspended Sentence11.1

Diversion An alternative to

criminal trial and a prison sentence

offered to a defendant, such as

drug court, boot camp, or a treatment

program

Suspended Sentence

Another term for probation, a sentencebased on the fact that

convicted offenders must serve their full

sentence if they violate their terms of

release

vs.



Early Release Options11.1

• Parole is the release of an inmate before his or her maximum sentence has been served.

• Mandatory release is the release of prisoners required by law after they have served the entire length of their maximum sentence.

• Good-time credit is a strategy of crediting inmates with extra days served toward early release in an effort to encourage them to obey rules and participate in programs.



Early Release Options11.1

• Executive pardon is an act by a governor or the president that forgives a prisoner and rescinds his or her sentence.

• Commutation of sentence is a reduction in the severity or length of an inmate's sentence issued by a state governor or the president of the United States.



11.2Identify the origins of, reasons for, processes of, and pros and cons of probation.




History of Probation11.2

• The roots of probation can be traced to the efforts of John Augustus (1785–1859), a wealthy Boston shoemaker who devoted himself to bringing reform to the eighteenth-century criminal justice system.

• As a private citizen, he used his personal finances to guarantee bail for defendants selected for diversion from jail.

• In 1841, Augustus initiated what came to be known as probation.



History of Probation11.2

• Probation is the conditional release of a convicted offender prior to his or her serving any prison time.

• A probation officer is a state or federal professional employee who reports to the courts and supervises defendants released on probation.



Decision to Grant Probation11.2

When sentencing offenders to probation or suspended sentences, judges assume the following:



Pros and Cons of Probation11.2

Pros:•Cheaper than incarceration•Sentences vary from judge to judge•Promotes rehabilitation through employment•Employment offers offenders means to support themselves

Cons:•Fear of further criminal activity•Lack of punishment for the crime•Costs of new crimes if committed by the offender while on probation

vs.



Decision to Revoke Probation11.2

Probation status can be revoked at any time if offenders fail to conform to their conditions of probation.

Reasons for revocation include:•Testing positive for drugs•Possessing weapons•Committing a new crime•Losing a job•Failing to complete a treatment program



Decision to Revoke Probation11.2

• Offenders are entitled to a hearing and compared to a trial. Different rules of evidence apply to the probation revocation hearing.

• A technical violation is grounds for imprisonment of a probationer or parolee based on his or her violation of a condition of release.



11.3Identify the origins of, reasons for, processes of, and pros and cons of parole.




History of Parole11.3

• The term parole comes from the French phrase parole d'honneur, the practice of releasing a prisoner for good behavior based on his word of honor that he would obey the law upon release.

• Alexander Maconochie often is credited with developing the mark system, a forerunner of the parole system. In the mark system, prisoners demonstrated their rehabilitation by earning points for good behavior.




• Ticket of leave - In the mark system, the unconditional release from prison was purchased with marks earned for good behavior.

• The Irish system was an early form of parole invented by Sir Walter Crofton based on the mark system, in which prisoners were released conditionally on good behavior and were supervised in the community.




• The development of parole came with the use of indeterminate sentencing and efforts to address the correctional needs of youthful offenders.

• An indeterminate sentence is a sentence in which the defendant is sentenced to a prison term with a minimum and maximum number of years to serve.

• Prior to the twentieth century and the adoption of the juvenile court system, youthful offenders were not entitled to special treatment in the criminal justice system.



Pros and Cons of Parole11.3

Pros:•Cheaper than incarceration•Sentences vary from judge to judge•Promotes rehabilitation through employment•Approx. 4 out of 5 complete parole successfully

Cons:•Public opposition •Fear of further criminal activity•Less successful than probation•Costs of new crimes if committed by the offender while on probation•20 states have eliminated or restructured parole

vs.



State Parole Boards11.3

• The sentencing judge has the authority to grant probation but not parole.

• The parole board, not the judge, is responsible for deciding whether an inmate is to receive early release.

• The legislature retains oversight through its powers of lawmaking and budget approval.



State Parole Boards11.3

• The governor appoints the director of the parole board, and often the members as well.

• The state supreme courts and the U.S. Supreme Court have oversight powers in that they can declare certain parole practices unconstitutional.



State Parole Board Models11.3

Independent ModelThe parole board is an

autonomous administrative

unit with the power to make parole release

decisionsand to supervise all

conditionally released inmates.

Consolidated Model

The parole board is under the authority of

the state Department of Corrections as a

specialty unit within the department that makes

decisions about conditional

early releases.



Federal Parole Boards11.3

• The U.S. Congress created the U.S. Board of Parole in 1930, creating the first federal parole board.

• In 1976, the Parole Commission and Reorganization Act retitled the agency the U.S. Parole Commission (USPC).

• The commission consists of a chairperson and commissioners appointed by the president; regional offices are staffed by hearing examiners, case analysts, and clerical staff.



Federal Parole Boards11.3

• Today, the USPC continues to operate, but as a much smaller federal agency.

• The USPC is a semiautonomous agency within the Department of Justice that handles all matters of parole for eligible federal and District of Columbia (D.C.) prisoners.



Parole Hearings11.3

• Generally, parole hearings are brief, are private rather than public, and are held in the prison where the prisoner is housed.

• A parole hearing is a meeting with an inmate, his or her attorney, and others in which the parole board decides whether to grant, deny, or revoke parole.



Parole Hearings11.3

• There is no standard judicially mandated burden of proof for the parole board to adhere to in deciding whether to grant early release.

• Ultimately, the decision reflects the best guess of the parole board members.

• Board members often rely on feelings, common sense, and a sense of what the community would think.



Standard Conditions of Release11.3

These 14 standards require the parolee to report to his or her parole adviser within three days of release, restrict where the parolee can live and work, require him or her to abide by all laws, and report contact with the police to his or her parole officer.

The conditions prohibit consumption of alcoholic beverages to excess, the use of illegal drugs, association with criminals, and possession of firearms.



Revocation of Parole11.3

• Similar to probation, parole is revocable and can be revoked for violation of a condition of release, for a technical violation, or for commission of a new crime.

• Revocation of parole is more common than revocation of probation.

• The U.S. Supreme Court has decided that parolees are entitled to certain due process rights, although these rights are substantially less than those of defendants in a trial.

• Morrissey v. Brewer secured the right to notice and a revocation hearing for parolees.



11.4Summarize how people on probation and parole are supervised.




Supervision of Parole and Probation11.4

• The actual supervision of defendants released on probation and inmates released on parole is the work of state and federal probation officers and parole officers.

• Probation and parole officers enforce compliance with the terms of release and oversee the client's lifestyle for potential signs of danger to the community.



Supervision of Parole and Probation11.4

• The responsibilities of the probation and parole officer strongly emphasize social work and rehabilitation skills, as opposed to investigative and police skills.

• As a community resource broker, the probation and parole officer helps his or her clients secure the services and necessities that are required for successful reentry.



The Three Roles of Probation and Parole Officers11.4



In probation, the offender is diverted from prison time and given a suspended sentence. In parole, the

offender is released before the maximum term of the sentence is completed. Another method for reducing a prisoner's sentence is through the application of good-time credit. Here, a prisoner's sentence is reduced for

obeying institutional rules and participating in rehabilitation programs.

Probation can be traced back to the efforts of John Augustus (1785–1859), a Boston shoemaker who used his personal finances to guarantee bail for defendants selected for diversion from jail. Today, probation is a common sentencing option for judges. A shortcoming

with probation is the fear of future criminal activity by the offender and the lack of perceived punishment for

the crime committed. However, by remaining in the community, the probationer avoids the negative

effects of prison and maintains family relationships and employment—at a cost much lower than that of

imprisonment.

11.1

11.2

CHAPTER SUMMARY



The historical roots of parole can be traced to practices of the French, the English, and the Irish of releasing prisoners for good behavior and their word

of honor to obey the law. Parole serves to reduce prison overcrowding. In today's society, the public is

strongly opposed to the use of parole. The public fears the release of parolees into the community because of the significant number of crimes they

commit.

Probation and parole officers enforce compliance with the terms of release and oversee a client's lifestyle for potential signs of danger to the community. In addition to their role as law enforcement officers,

probation and parole officers also perform as social workers and community resource brokers.

11.3

11.4

CHAPTER SUMMARY

Law

Intro to cj ch 11 ppt