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    0131389033 ppt10 0131389033 ppt10 Presentation Transcript

    • CJ 2011 James A. Fagin Chapter 10:Probation and Parole
    • After completion of this chapter, students should be ableto:Understand why the criminal justice system provides for earlyrelease of inmatesKnow the differences between diversion, probation, parole,mandatory release, good-time release, and pardonExplain the origins, reasons for, and advantages of probationExplain the origins, and the pros and cons of paroleCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 2
    •  Incarceration that includes diversion for defendants, probation or suspended sentence for convicted offenders, and parole or early release for prisonersCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 3
    •  Mandatory Release: law requires prisoners to be released once they have served their entire sentence  Good-Time Credit: a strategy of crediting inmates with extra days served toward early release, in an effort to encourage prisoners to obey rules  Sentencing Reform Act of 1984CJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 4
    •  Executive Pardon: an act by a governor or the president that forgives the prisoner and rescinds the sentence  Commutation of Sentence: reduction in the severity or length of an inmate’s sentence, issued by a state governor or the presidentCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 5
    •  John Augustus (1784-1859)  Boston shoemaker who observed court proceedings and volunteered to take home offenders and provide them with work  By the time Augustus passed away, he had assisted over 2,000 offenders  In 1878, Massachusetts passed legislation establishing first ‘paid’ probation officer positionCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 6
    • 1. A sentence of prison time is an inappropriate punishment 2. Public would not be at serious risk if the offender is released into the community 3. The offender would not benefit from any prison- based rehabilitation program or vocational program 4. The offender can support himself or herself 5. The offender should not be confined due to mental illness 6. The offender will not commit other crimesCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 7
    •  Much cheaper than prison ($1,000/person per year)  Promotes rehabilitation through employment, opportunities for normal social relations, and access to community services and resources  Employment enables offenders to support themselves and to pay taxesCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 8
    •  If offenders test positive for drugs  If offenders are found in possession of a weapon  If offenders commit another crime  If offenders lose employment  If offenders fail to complete a treatment programCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 9
    •  Parole provides for the early conditional release of prisoners  It is decided by parole boards  It is supervised in the community by probation and parole officersCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 10
    •  Parole Board is responsible for deciding whether an inmate is to receive early release  Independent Model: Parole Board is an autonomous administrative unit with the power to make parole release decisions  Consolidated Model: Parole Board is under the authority of the state Department of Corrections as a specialty unit within the department that makes decisions about conditional early releasesCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 11
    •  Parole boards decide who to release when the prison system is ordered to reduce its population due to overcrowding  The conditions of imprisonment caused by overcrowding can be argued as a violation of the Eighth AmendmentCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 12
    •  Can be revoked for violation of a condition of release, a technical violation, or for commission of a new crime  Less than 50% of parolees are successful in maintaining their freedom after release  Morrissey v. Brewer (1972)CJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 13
    •  Probation and parole officers are case workers with law enforcement powers, who supervise convicted offenders in the communityCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 14
    • 1. A case worker to help clients succeed in their reintegration into the community and fulfill the conditions of their release 2. A resource broker to help parolees to obtain services, treatment, social benefits, educational opportunities, and employment 3. A law enforcement officer and officer of the court, empowered to enforce compliance with the court’s orders and obedience to the lawCJ 2011 © 2011 Pearson Higher Education,James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 15