abadinskych 1.pptx

Probation and Parole: Corrections in the Community
Thirteenth Edition
Chapter 1
Probation and Parole
in Juvenile Justice
Copyright © 2018, 2015, 2012 Pearson Education, Inc. All Rights Reserved

Learning Objectives (1 of 2)
1.1 Appreciate the complexity of American criminal justice.
1.2 Understand the existence of probation and parole.
1.3 Know how disease and aging have impacted prison
cost.
1.4 Realize the result of laws limiting probation and parole.

Learning Objectives (2 of 2)
1.5 Know the reason for front-door and back-door
programming.
1.6 Appreciate the difficulty in defining a “nonviolent
offender.”
1.7 Recognize what is meant by “Swift, Certain, Fair” justice
1.8 Understand classical and positive views of justice.

The “Why?” of Probation and Parole
(1 of 4)
• Probation originated for minor offenders
– Now it is a method for controlling the prison population
• Parole originated and is still used as a means to
control the prison population
• 90% of imprisoned offenders are released with or
without supervision
• Incarceration rates have jumped by more than 700%
since the 1970s
• 1.5 million prison inmates in the U.S. with an annual
average cost of $30,000 per inmate each year

(2 of 4)
• Adding to prison costs:
–AIDS
–Tuberculosis
–Hepatitis C
–Geriatric offenders
–“Three-strikes-and-you’re-out”

(3 of 4)
• 5 million adults are under some form of
community supervision
– 80% are on probation
• Front-door programs
• Back-door programs
• Criminal justice is the fastest-growing part of state
budgets
– Increase is not due to the natural consequence of a
spike in crime

(4 of 4)
• Truth-in-sentencing laws reduce early release
• Recent approach is “Swift, Certain, Fair” (SCF)
– Immediate enforcement of probation and parole violation
– Consequences are brief verses long periods of incarceration
• Criminals tend to be uneducated, unskilled, unemployed
– 70% are black or Latino
– 60% are younger than 30
– About half are from single parent homes
– Many have been the victim of abuse

Criminal Justice in America (1 of 2)
• Criminal justice in America is a system that is not
systematic
– Lack of joint planning and budgeting
– Numerous agencies responsible for various aspects of criminal
justice
– Lack a significant level of coordination, but each affects the others
• The largest portion of a criminal justice budgets
goes to the police department (42%)
• The courts receives 22%
• Corrections receives 29%

Criminal Justice in America (2 of 2)
• “Bargain justice” stems from large caseloads
– Example: understaffed probation offices often see the
judge sending marginal cases to prison instead of
using probation
– Example: prison overcrowding leads to inmate release
that may not include supervision or prison inmates may
serve remaining time in local jails
• Criminal law reflects power relations in society
– Example: white collar crimes often receive less harsh
sentences than those sentences for drug crimes

What Is a Crime?
Who Is a Criminal?
• Crime is any violation of the criminal law
• A criminal is a person convicted of a crime
• Most reported crimes do not result in an arrest and
conviction
• National Crime Victimization Surveys reveal most crimes
are not reported to the police
• Only about one crime in four is cleared by an arrest
• Are probationers/parolees being rehabilitated or becoming
better at not getting caught?

Early Responses to Crime
• Lex talionis (an eye for an eye)
– Primitive system of vengeance
• Code of Hammurabi- 4,000 year old written code
of laws
• Romans derided the use of restitution and used
the death penalty extensively
• Early Christianity had the trial by ordeal
– Replaced with compurgation which evolved to
testimony under oath and trial by jury

Classicalism
• Classicalism views human behavior as based on free will
made with a rational choice
– Mens rea
– Humans tend toward hedonism
• Social contract is a mythical state of agreement of equality
and therefore law should be equal for all
• Criminal punishment should include retribution and
deterrence with certainty and promptness
• Classical theory is the basis of our legal system

Neoclassicalism
• Neoclassicalism maintains the belief of free will
but allows for mitigation
– Past criminal record
– Insanity and retardation
– Age
• Determinism- understanding that to varying
degrees the offender’s choices are limited

Positivism
• Positivism attempts to explain the cause of crime and
offers basis for rehabilitating criminals and the
indeterminate sentence
– Lombroso influenced by social Darwinism
– Crime stems from a biological, psychological, or social pathology
– Contradicts the theory of free will
– Criminals must be treated, corrected, or rehabilitated
• Comte introduced concept of applying scientific method to
study social sciences
– Sociology

Entering the System
• Arrest of a suspect requires probable cause
– Reasonable grounds of suspicion supported by facts
and circumstances in which a reasonably cautious
person would believe the person committed the crime
• Probable cause is required for probation/parole
violations
– Lower than beyond reasonable doubt

Levels of Evidence- High to Low (1 of 2)
• Beyond a Reasonable Doubt
– Guilt in a criminal trial
– Finding a delinquency in juvenile court
• Clear and Convincing Evidence
– Used in extraordinary civil cases
– Commitment and child custody cases

Levels of Evidence- High to Low (2 of 2)
• Preponderance of the Evidence
– Most civil cases
– Status offense cases in juvenile court
– Probation and parole revocation hearings
• Probable Cause
– Search warrant/arrest warrants
– Summary/warrantless arrests
– Probation and parole preliminary violation hearing

Pretrial Court Appearances
• First appearance in court to consider address bail
and legal representation
– Being on probation or parole impacts the decision for
bail

Pretrial Hearings
• Pretrial hearings are also knowns as initial
appearance, preliminary hearing, or arraignment
– Official charges are read aloud
– Counsel and bail are reviewed or set
• Misdemeanor offenses may be adjudicated by a
plea of guilty
• Felony cases might have a probable cause
hearing
– If sufficient, prosecutor will file an information bringing
the case to trial

Trials or Guilty Pleas (1 of 2)
• 85% to 95% of all criminal convictions are the
result of a guilty plea
• Defendant waives his or her constitutional right to
a jury trial and pleads guilty often in exchange for
leniency
• Trials are adversarial
• Prosecutor must prove actus reus and mens rea
beyond a reasonable doubt

Trials or Guilty Pleas (2 of 2)
• A jury [or juries] decide guilt, acquit, or there is a
hung jury
• Double jeopardy is prohibited by the Fifth
Amendment
• Those found guilty move to the sentencing stage
and the probation officer enters the case at this
time

Sentences (1 of 2)
• Sentencing reflects societal goals:
– Retribution
– Incapacitation
– Deterrence
– Rehabilitation
– Restitution
• Sentencing should be proportional, equal, and
repair social debt

Sentences (2 of 2)
• A sentence date is set and often a presentence
investigation is ordered to be conducted by the
probation department
• Sentences can include: fine, suspended sentence,
probation, incarceration, or a combination.
• Prison sentences can be determinate or
indeterminate.
– The federal system and many states use determinate
sentencing

Appeals (1 of 2)
• Defendants can appeal guilty verdicts
• The American criminal justice system provides for
extensive post-conviction review procedures
• A prison inmate can appeal through a habeas
corpus
– Claiming a constitutional right was violated
• After exhausting direct and indirect appeals in
state courts, an inmate can move over to federal
courts on the grounds of lack of due process

Appeals (2 of 2)
• Appellate courts do not act as trial courts
– It can consider new theories or legal arguments
– It can uphold the verdict, overturn it, or order it
reversed and remand it to the trial court for a new trial
– It can set a precedent

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