Probation In America

Question 1

Define Probation

Answer 1

A conditional sentence that diverts offenders from jail or prison, allowing the individual to remain in the community in exchange for following a set of conditions

Question 2

Functions of Probation

Answer 2

-Provides a means to divert offenders from prison
.Still maintains oversight
-Probation can refer to as a type of sentence or the agency that monitors the person
.While probation officers have a range of roles, in most agencies they monitor conditions, conduct assessments, and provide services to offenders under supervision

Question 3

What was early probation designed for what

Answer 3

Originally designed to serve low risk offenders- those that can self correct with little support.

Question 4

What two early forms of probation where there?

Answer 4

-1841 – one of the earliest documented examples of probation
-1878 – first in US, Judge Peter Oxenbridge Thacher of Boston, MA

Question 5

Who is the father of Probation?

Answer 5

-John Augustus

Question 6

What is the Philosophy of Probation

Answer 6

Developed to balance the harshness of the criminal justice system with an understanding of the person’s situation

Question 7

Who argued for a more humanistic system?

Answer 7

-Cesare Beccaria (Classical School of Criminology)
-Argued that people are inherently good

Question 8

Prior to the Revolutionary war offenders were seen as inherently evil, deserving punishment to “get right with god” what was the shift?

Answer 8

After the Civil War, shift to people being a product of societal ills, not individual evils

Question 9

1st law for juvenile probation in Massachusetts

Answer 9

Juvenile probation was more appealing to many, given they were working with youth and not adults

Question 10

In 2005, probation populations at an all-time high. How many people were on supervision?

Answer 10

4 Million

Question 11

In 1901, what happened in New York?

Answer 11

1st statute authorizing probation for adult offenders in New York

Question 12

Federal Probation

Answer 12

-Slower to be developed than at the state level
-Before 1916, federal judges often suspended sentences but there was no legal mechanism to offer supervision

Question 13

What happened with Killits Decision (Ex Part United States 242, 1916)

Answer 13

-Stated that federal judges could not constitutionally suspend a sentence indefinitely.
.Cannot interfere with the legislative and executive authority fixed by the Constitution
-Bill signed into law for federal probation system on March 4th, 1925 by President Coolidge

Question 14

Adults in probation: Which is the most offense commonly committed?

Answer 14

-Property offense

Question 15

What are the 3 Objectives of Probation

Answer 15

1. Reduce Reoffending
2. Protect the community from further criminal behavior
3. Provide probation conditions necessary to change offenders and achieve the other two objectives

Question 16

What are some advantages of Probation?

Answer 16

-Least restrictive intervention
-Keeps families intact
-savings over prisons
-Improved outcomes over prison and jail
-Avoidance of imprisonment
-Selective incapacitation

Question 17

What 6 possible outcomes are there for Negotiating between prosecutor and defense attorney prior to sentencing

Answer 17

1. Plead to a lesser crime
2. Frequency of the crime that will be pleaded guilty
3. Number of charges dropped
4. Either probation or incarceration
5. length of incarceration
6. Sentence to be either consecutive or concurrent

Question 18

What is a Pre-Sentence Investigation

Answer 18

-A Pre-Sentence Investigation (PSI) is written review or assessment of the crime and the offender’s situation
.Used in most jurisdictions and are often completed by probation officers
-Judges often follow the recommendations of the probation officer

Question 19

When are PSIs used?

Answer 19

-Often used when there is a disagreement between the defense attorney and prosecutor
.The disagreement is often whether or not to offer probation versus prison or the length of sentence

Question 20

What does the PSI include?

Answer 20

-Includes information about the current offense, victim statement, previous probation and technical violations, employment history, and information on family and friends
-Also Allows judges to understand the factors associated with the offender

Question 21

Why does recommendation of probation/prison important?

Answer 21

Latessa (1993) found that judges followed the recommendation of the probation officer in 86% of the cases in which probation was recommended and 66% when prison was recommended

Question 22

What are the 5 distinct purposes of the PSI?

Answer 22

1. Aiding the court in determining the sentence
2. Determining the length of sentence
3. Assisting correctional authorities in classification and treatment in release planning
4. Giving the parole board useful information
5. Aiding the probation officer in rehabilitation efforts during probation

Question 23

What should PSI reports be doing?

Answer 23

-Should summarize succinctly the pertinent information
-Summary data with 5 to 6 primary points appears to the most effective in helping judges make decisions

Question 24

PSI Evaluation and recommendations

Answer 24

-In making recommendations, probation officers should consider:
The offense
Pattern of behavior?
Weapon?
Motive?
-Protection of the community
-Any special problems or needs of the offender

Question 25

What are conditions of Probation?

Answer 25

Conditions of probation are “rules” the individual on supervision must follow to successfully complete probation.

Question 26

Define General and Specific conditions?

Answer 26

-standard conditions for everyone to follow
-required for an individual due to the nature of the offense or specific need of the individual

Question 27

What are some General Conditions?

Answer 27

-Commit no new law violations
-Report to probation officer as directed
-Submit to a drug test
-Complete community service hours
-Remain employed or in school
-Do not leave the jurisdiction
-Pay fees/fines

Question 28

What are some Specific Conditions?

Answer 28

-Consume no alcohol
-No contact with a specific person or place
-Engage in treatment, including residential treatment
-Electronic monitoring
-Restitution
-Curfew
-Vocational training
-Substance abuse counseling

Question 29

What are Probation Fees?

Answer 29

-Fees are often assessed to individuals
-They are seen as a means of accountability as well as a way to support services
-Fees can include general supervision fees, costs to maintain monitoring devices, or for treatment services

Question 30

Define Restitution and Community Service

Answer 30

1. Restitution is the payment to a victim to offset damages done during the criminal act
2. Community service is also used to restore the community or for the offender to give back to the community

Question 31

Why Community Service?

Answer 31

1.It is a punishment that can fit many crimes
2.The costs of imprisonment are high and are getting higher.
3.Our jails and prisons are already full.
4. Community service requires an offender to pay with time and energy.

Question 32

What are some Alternative Probation Procedures?

Answer 32

1. Prosecutorial diversion
2. Court-monitored pretrial diversion without adjudication
3. Shock probation
   4.Intermittent Incarceration
4. Split sentences
5. Modification of sentence

Question 33

Pretrial intervention and Prosecutorial diversion

Answer 33

-District Attorney’s office diverts the offender prior to conviction
.Includes a contract between the defendant and the prosecutor
-Have specific expectations that must be met

Question 34

Revoking Probation

Answer 34

A probation revocation is when a person on probation violates or breaks one of the conditions of supervision and his or her probation is revoked
Generally, the court has a wide array of options at the time of revocation

Question 35

Probation can be revoked for technical or law violations, define both.

Answer 35

Technical violations– when a rule or condition is not followed
Law violation—when the individual commits a new crime

Question 36

What is the Revocation process

Answer 36

-Probation is a privilege, not a right—therefore probation can be revoked with lessor requirements than a traditional court hearing
.Evidence is offered to district attorney’s office, who then files a motion to revoke. The judge hears the motion and makes a determination

Question 37

Judges have a wide array of options including but not limited to: Revocation process

Answer 37

Reinstate with modified conditions
Provide more intensive sanctions
Revoke probation