lec 8 Alternative Sanctions Flashcards
Probation
-sentence that allows offender to serve their sentence in the community
-subject to certain conditions for a designated time period
Mandatory Conditions of Probation (6)
-Remaining within a particular jurisdiction
-reporting to a probation officer (as required)
-keeping the peace
-keeping authorities informed about changes of residence
-refraining from contact with criminal associates
-notifying the court or probation officer of any change in employment or occupation
Optional Conditions of Probation (4)
-Drug counselling
-avoiding contact with children
-community service order
-reporting to probation officer
Conditional Sentence of Imprisonment
-imprisonment of less than 2 years
-served in the community under both optional and mandatory conditions
Mandatory Conditions of Conditional Sentences (4)
-Law abiding behavior
-appearing before court when ordered
-remaining within a specific set of boundaries unless the court grants permission to leave
-informing the court or supervisor of any change in address or occupation
Optional Conditions for Conditional Sentences (7)
-treatment program
-providing support and care for dependents
-curfews
-mandatory medical and psychiatric treatment
-orders preventing offenders from contacting other persons
-home confinement
-electronic monitoring.
Intermediate Sanctions
Increase control over offenders within community setting
include: intensive supervision probation, home confinement, fines, electronic monitoring, restitution orders.
Penal Harm Movement
-punishment paradigm
-believes the root causes of crime cannot be changed
-criminals will only be deterred if the criminal justice system ensures they receive enough pain for their wrongs
Intensive Supervision Probation
-punishment-oriented form of probation
-stricter and more frequent surveillance and control than conventional probation by probation officers with small case loads
Home Confinement and Electronic Monitoring
Restrict offenders to their place of residence while maintaining employment and family ties and providing access to community programs/resources.
Electronic Monitoring
Used to ensure offenders follow probation orders by detecting violations such as curfew breaches or ignoring home confinement agreements.
Fines
-Common sentence-
30-31% of guilty cases
-alone or combined with other sanctions.
what are 4 Conditional Release Programs?
- full parole
-day parole
-statutory release
-temporary absences
Full Parole
Serve a portion of the sentence in the community, applied for after one-third of the sentence or 7 years.
Day Parole
Short periods of release with a maximum of four months, eligibility is six months prior to full parole.
Temporary Absences
Granted for medical, compassionate, administrative reasons, or family/community contact, can be escorted or unescorted.
Statutory Release
Not granted parole, served two-thirds of the sentence with supervision similar to parole.
Recidivism with respect to readmission
measurement that includes technical violations and convictions for new offenses.
how common are full paroles to get approveed? day parole?
-Less than 50% of full parole applicants are approved
-day parole has a significantly higher approval rate.
Community Release
Portion of sentence to be served in the community, often criticized as being ‘soft on criminals’.
Martinson’s Conclusion
In 1974, concluded that rehabilitative efforts had no appreciable effect on recidivism, but later rejected this conclusion in 1979.
Eligibility for Probation
Commonly believed to be for first-time offenders or minor property crimes, but also common for violent crimes due to less serious nature or prior criminal record.
Net-Widening
Occurs when offenders are diverted into a new program even though they are not really the individuals for whom the program was originally intended.
Judicially Administered Sanctions
Intermediate sanctions
-outgrowth of justice model-based policies aimed at reducing prison overcrowding and costs.
