1 / 23

Chapter 12

Probation and Parole. Chapter 12. Probation. Court ordered Suspended Sentence 59% of convicted criminals are on probation. Abide by conditions General – applies to all probationers Specific – applies to one specific probationer. Probation History.

vilmos
Download Presentation

Chapter 12

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Probation and Parole Chapter 12

  2. Probation • Court ordered • Suspended Sentence • 59% of convicted criminals are on probation. • Abide by conditions • General – applies to all probationers • Specific – applies to one specific probationer

  3. Probation History • English courts began the practice of “binding over for good behavior.” • Offenders were placed in the custody of willing citizens. • John Augustus – • Boston shoemaker who observed court proceedings and volunteered to take home drunkards. • He was considered the world’s first probation officer. • By the time Augustus passed away, he had supervised over 2,000 offenders.

  4. Probation Statistics • 4.2 million men and women were on federal state or local probation at the end of 2005. • 23% of probationers are women • On average about 60% successfully complete probation • Year end 2005 Tennessee had 49,300 people on probation.

  5. Probation statistics • PERCENTAGE OF PEOPLE ON PROB. BY CRIME • 5% of people convicted of homicide • 21% of convicted sex offenders • 12% of convicted robbers • 30% of those convicted of aggravated assault. (Mote shot fiance in chest for canceling their wedding)

  6. Probation Conditions • General conditions • Maintain employment • Obey laws • No guns • Stay within the state/county • Pay fine • Home visits from probation officer

  7. Probation Conditions • Specific Conditions • Surrender driver’s license • Be subject to blood, urine, breath tests • Community service • GED • No contact with co-defendants/ victims

  8. Parole • A convicted offender is conditionally released from prison before his/her sentence expires. • Parole Board decides. • Discretionary • May be returned to prison if they violate the terms of their parole

  9. Parole Conditions • Similar to Probation conditions • Don’t leave the state • Report to parole officer • Employment • Surprise visits from parole officer • Pay restitution

  10. Parole statistics • At year end 2005, nearly 784,400 people were on parole. • 94% of those on parole had a sentence > 1 year • Women are 12% of parolees • 45% successfully complete parole, 38% return to jail/prison 11% abscond (run-off).

  11. Searches of Probationers • Griffin v. Wisconsin • Probation officers can search a probationers home without a warrant or probable cause. – probation is a form of imprisonment. • Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

  12. Searches of Probationers • Pennsylvania Board of Prob. And Parole v. Scott • Exclusionary rule doesn’t apply to parole officer searches.

  13. Searches of Probationers/Parolees • U.S. v. Knights • Search of a probationers home by police officers on reasonable suspicion does not violate the 4th Amendment.

  14. Probation Revocation • If someone violates the terms and conditions of his/her probation he or she can be ordered to serve the original sentence • Probation violation hearing in front of the judge. • Plea bargain.

  15. Parole Revocation • Don’t abide by the conditions. • Most common: • Failure to report • Failure to participate in rehabilitation program • Alcohol/drug abuse • Revocation hearing in front of the paroling authority. • Serve out the remainder of the sentence.

  16. Revocation Hearings • Mempa v. Rhay(1967) • U.S. Supreme Court held that in probation revocation decisions both notice and a fair hearing are required and probationer must have the opportunity to be represented by counsel.

  17. Revocation Hearings Gagnon v. Scarpelli • U.S. Supreme Court held that probationers are entitled to two hearings: • A preliminary hearing to determine whether or not the probationer should remain in jail. • A more comprehensive hearing prior to the final decision about revocation.

  18. Parole Revocation hearings Morrissey v. Brewer • Right to notice of violation • Evidence disclosed • Neutral and detached hearing body • Chance to appear and offer a defense • Cross examine witnesses • Written decision • ** right to attorney if indigent.**

  19. Advantages to probation/parole • Lower cost • Increased employment • Restitution • Community support – family support • Reduced risk of criminal socialization – prisons • Increased use of community services - counseling • Increased opportunity for rehabilitation

  20. Disadvantages of Probation and Parole • Lack of punishment • Increased risk to the community • Increased social costs – child support, welfare, health care, etc.

  21. ProbationQuestions • 5% of murderers and 21% of sexual offenders are sentenced to probation.. • Should murderers or sexual offenders be sentenced to probation? • Would there be any crimes for which you would exclude probation as a sentencing option? • Why???

  22. Questions • Do communities have the right to be informed when ex-convicts are released? • What competing rights must parole boards weigh? • Whose rights or needs should be given the greatest consideration? • Should parole boards have immunity for “bad decisions?”

  23. Parole??? • Parole is used to reduce overcrowding… • Should parole be eliminated? • Are there other mechanisms states can use to reduce prison populations? What are they??

More Related