Probation/Parole Flashcards
Goals of Probation
Goal: retain control of criminal offender while using community programs to help rehabilitate them
Most probationers are sentenced to confinement but then immediately have their sentences suspended and placed in the custody of a probation officer.
Probation is
A court ordered sanction where a sentence of imprisonment is suspended.
Conditional freedom granted by a judge to a convicted offender, as long as the person meets certain conditions of behavior.
First Signs of Probation
14th Century: English courts established the practice of “binding over for good behavior” where offenders would be entrusted into the custody of willing citizens
In America, John Augustus is recognized as the first probation officer is the world.
By 1925, all 48 states adopted probation legislation.
Probation Stats
Probation is the most common form of criminal sentencing in the U.S.
20-60 percent of those found guilty of crime are sentenced to some form of probation.
As of Jan 1, 2011, 58% of all offenders are under correctional supervision in the U.S.
In 1980, slightly 1 million offenders were supervised yearly on probation.
Today there are about 4.1 million…300% increase.
Percentages of Crimes placed on probation
5% of ppl convicted of homicide were placed on probation.
21% convicted sex offenders
12% convicted robbers
30% convicted aggravated assault
States and Probation Laws
North Dakota has smallest probationary PPP (4206)
Texas reports 426208
Reentry Rates
16% of those discharged from supervision were incarcerated because of a rule violation or new offense.
3% absconded
10% had probation revoked without ordered to serve time.
General Probation Conditions
Apply to all probationers in a given jurisdiction.
Probationers are required to pay a fine to the court designated to reimburse victims for damages and to pay lawyers’ fees and other costs
Specific Probation Conditions
Mandated by judge if he feels probationer needs special guidance or control
-depends on nature of offense
Parole
Supervised early release of inmates from correctional confinement
Purpose is the return offenders gradually to productive lives.
Can act as a stimulus for positive behavioral change by offering early release.
Probation and Parole Differences
- Probationers are avoiding time in jail or prison
- Probation is a sentencing option available to a judge
- Probation is a sentencing strategy
- Parolees have already been incarcerated.
- Parole results from an administrative decision
- Parole is a corrections strategy
Parole Decision-Making Mechanisms
Parole Boards
Mandatory Parole/Statutory Decrees
Discretionary Release
Medical Release
Parole Violations
A parolee doesn’t conform to the conditions of their parole which leads to parole revocation
Disadvantages
Poses risk to community
Increased social costs
Relative lack of punishment
Advantages
- Lower Costs
- Increased employment
- Contribution to free economy by released convicts
- Restitution
- Community support
- Community service
- Opportunity for rehabilitation