Week One Flashcards
What is community corrections?
Any sanction in which an offender served all or a portion of their sentence in their community. Probation is most common and parole is constituted as community corrections but prison isn’t.
What is pre-adjudication?
Before an individual has been convicted or plead guilty to a crime. Treatment w supervision occurs prior to finding of guilt. Includes pretrial release, pre trial supervision and house arrest.
What is deferred Adjudication
Primarily for juveniles and some adults. Defer trial and finding of guilt until they cooperate with a program. Before conviction or plea. Chance to avoid criminal record and conviction. Not often used in federal system. For juveniles, first time offenders and mental health individuals.
What is post adjudication?
Found guilty or plead before a judge or jury. Probation is in this category. Regular supervision and intensive for high risk. Included mandatory supervised release or parole: released w conditions. Half way houses and release centres: when leave prison go straight back into community and go to halfway at night. Speciality courts: for special offences eg drug courts to specifically deal w offender. Electronic monitoring: limits interactions and movements
Why community corrections?
Less costly than prison
Cut down overcrowding
Offenders pay taxes in community and have responsibilities
Prevent exposure to other criminals
What is societal protection through specific deterrence?
Help deter individuals in society from acting in similar ways. Deterrence isn’t always the most effective though
Rehabilitation through risk/need/responsivity
1990s
Pushed by probation services
Look at persons risk eg low or high
Find programs specific to risk
Low risk: have a better background, support groups, levels of edu and good family. Criminogenic factors considered.
Needs: what do you need to be rehabilitated
Responsivity: looking at risk and needs to decide on best program. Tx matches to learning styles, gender, sexuality etc
What is healing victim through restorative justice
Relatively new and popularity changes. Incorporates victim, offender and community. Focus on offender being part of the community and offence came because community let them down thus bring them together to heal
What are the three decision points
One. Bail: monetary payment deposited w court to ensure defendants return for next hearing in exchange for release. Moved to pretrial supervision.
Two. Sentencing: intermediate sanctions- spectrum of community supervision strategies that varies levels of supervision and treatment
Three. Re-entry: program that prepares prisoners to live in a law abiding manner after release eg half way houses and probation.
What is the offender initiative program (OIP)?
Treatment program.
Requirements: not previously convicted of a FELONY, not previously on probation or court supervision for a FELONY, are first time offenders, have been charged w PROBATION-ABLE felony, felony is not a violent offences eg sexual, hate crime.
There must be consent of defendant and state attorney must be present, must be consent by both parties, case may be suspended while individual is on program
What are the mandatory conditions of a OIP
Cannot violate criminal statues Refrain from possessing a firearm Make full restitutions Pay back all fines etc Obtain employment or complete 30 hrs community service employment Attend educational courses
What is probation?
A sentence of conditional and revocable of an offender to the community under the supervision of a probation officer. It’s the most common.
What are the precursors to probation?
Security: fee paid to state for promise of good behaviour. Moved towards probation to get away from more brutal UK practices. Reimbursement for fee.
Suspended sentence: postponement of a imposition or execution of a sentence eg OIP.
Who is John Augustus
Father of probation. Founder of American probation. 1841.
Noticed offenders were low risk, convinced court to release them into his custody, he paid their security and fines, under court rules would get them work and sober and ensure they went back for their trial.
When did the statute authorising a paid probation officer for Boston come about?
1878
