Week Two Flashcards
What is the first offender probation program?
For drug offenders only to be eligible you cannot be previously convicted or placed on probation or court supervision. Found guilty of possession of controlled substance. Court and person must both consent. If no judgement passed before placement it is pre Adjudication. Probation has to be for 1 year, not violating laws, no firearms, periodic drug testing (not less than 3) and 30hr community service
What is second chance probation?
Requirements: not previously convicted, placed on probation or conditional discharge, no prior successful completion of OIP, must have defendant and state attorney consent, no violent offences.no sentence needed.
Madatory conditions: not violate statutes, no firearms, full restitution, obtain or attempt to employment, pay all fines and costs, drug testing and 30hr community service.
What are the standard contains of probation?
Don't violate laws Report to probation officer or the court No firearms or dangerous weapons Don't leave state w/o permission Permit officer visits Pay fines and costs and restitution Attend counselling and treatment and assessments for latter Support dependants Geographic restrictions Restrict associates Pay probation services fee
What are the basic duties of probation officers?
Conduct PSI
Notify court of previous convictions or probation
Keep complete records
Watch over probationers
Do probation officers need a warrant to search probationers?
U.S. V Knights
People v Thornburg
Most sign that officer can search their residence at any time.
What are administrative sanctions for probation violation?
A condition of probation that permits the probation officer to impose a consequence for an alleged violation without formal court proceedings. Probationer must agree or it is forwarded to court proceedings, they must fully cooperate and will go to court if don’t.
Illinois: sanctions used for technical violations eg anything but criminal offence. Used for misdemeanour offences, it should be asap, and accomplish able in a short amount of time eg a week of treatments.
Gives probationers a second chance and helps stop recidivism as it is immediate
What is a petition to revoke probation?
Must prove violation by a preponderance of the evidence. When sanctions don’t work. More evidence showing they did something than didn’t and burden is on the state. Probation is resentenced.
What is rule to show cause?
Not used often in juvenile court but to show parents and prove person was in direct violation or criminal contempt of the court. Burden is beyond a reasonable doubt as it is criminal. Indirect: outside of judges view. Direct: inside of judges view. Can be up to 6 mos jail or $500 fine.
What is release on recognisance? ROR or PR
No monetary amount posted but failure to appear for trial results in warrant for apprehension. Those not released will have a bond hearing to determine conditions for release. The law favours defendant release before trial but considers safety of public and offender likelihood to return.
What is preventive detention?
When no amount of bond can assure the defendant appearance and or safety of community
What is a bond?
When money is deposited by the defendant to gain release. State keeps the money if the individual doesn’t return for court.
What is pretrial supervision?
Court ordered supervision of a defendant not yet convicted and defendant participates in activities such as house arrest etc.
What are the factors favouring pre trial release and pre trial supervision!
Innocent until proven guilty
They have employment they need to keep
Family life and responsibilities
Easier to meet w attorney
Research that those detain before trial are more likely to go into prison
What is sentencing
Post conviction stage when a judge imposed a formal judgement. To sentence to community corrections look at if the offence is eligible, can the offender meet the requirements, what resources are available to assist the offender in the community
What is the purpose of a psi
Provides judge w info prior to sentence Summaries a case and provides evidence Assist jails and prison w programming choices Useful to prison parole boards Finding right case worker
