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Chapter 12
- 1. Chapter 12 Community Sentences: Probation & Intermediate Sanctions
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- 3. Community Sentencing Communitysentences are popular because: Less costly Help the offender maintain family and community ties Can be structured to maximize security and maintain public safety Scaled in severity to correspond to the seriousness of the crime Can feature restoration and reintegration Can act as a “second chance”
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- 5. Probation John Augustus: From Boston 1840’s-1900’s Was a leading reformer of probation in the United States Credited with originating the modern probation concept His work inspired Massachusetts legislature to appoint paid probation officers
- 6. Probation Probation A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time
- 7. Probation The commonlaw practice of judicial reprieve Allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior The practice of recognizance Enabled convicted offenders to remain free if they agreed to enter into a debt obligation with the state
- 8. Probation Currently about4 million people are on probation More than 2 million people are being placed on probation annually – a slightly larger number than exit their probation sentence Probation rules are a set of conditions or restrictions mandated by the court that must be obeyed by a probationer
- 9. Probation Revocation An administrative act performed by a parole authority that removes a person from parole due to a violation on part of the parolee. Probation may be revoked if a probationer fails to comply with rules and disobeys reasonable requests to meet their treatment obligations
- 10. Probation Probation officersusually have five tasks: a. Investigation Presentence investigation serves as the basis for sentencing a. Intake b. Diagnosis Used to select appropriate treatment modes a. Treatment supervision b. Risk classification Assessment of the risk level probationers pose to the community and themselves
- 11. Probation The U.S.Supreme Court has ruled that probationers have a unique status and they are entitled to fewer constitutional protections than other citizens Minnesota v. Murphy Griffin v. Wisconsin United States v. Knights
- 12. Probation Because placinga person on probation implies that probation will continue unless the probationer commits a major violation, the defendant has been given certain procedural due process rights at this stage of the criminal process Mempa v. Rhay Morrissey v. Brewer Gagnon v. Scarpelli Beardon v. Georgia United States v. Granderson
- 13. Probation UnitedStates v. Granderson (1994) Significant case in that it helped clarify what can happen to a probationer whose community sentence is revoked Granderson was eligible for a 6 month prison sentence but was given 60 months probation instead. He tested positive for drugs his probation was revoked. Statute required he serve 1/3 of his sentence so the trial court gave him 20 months in prison He appealed and Supreme Court found it unfair, ruled he should have been given 1/3 of the 6 months (2 months), not 60 months.
- 14. Probation Probation iscost effective Annual cost of incarceration: Approximately $25,000 Annual cost of probation: Approximately $2,000 National research suggests: 60% of probationers successfully complete their probationary sentence 40% are arrested, violate probationary rules, or abscond
- 15. Probation Even themost serious criminals who receive probation are less likely to recidivate than those who are sent to prison for committing similar crimes Young males who are unemployed or who have a very low income, a prior criminal record, and a history of instability are most likely to be rearrested
- 16. Probation Current initiativesthat may shape the future of probation Making probationers pay Hot spot probation Area needs Specialized probation Privatization Swift and sure punishment
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- 18. Intermediate Sanctions Intermediatesanctions include programs that are usually administered by probation departments Group of punishments falling between probation and prison House arrest Intensive supervision Serve as alternatives to incarceration
- 19. Intermediate Sanctions Advantagesof Intermediate Sanctions Cost benefits Equitable community sentences Increased control Reduced overcrowding Use with different classes of offenders
- 20. Intermediate Sanctions Fine Money owed by offenders to compensate society for their misdeeds A day fine (common in European nations) Geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process Many judges continue to incarcerate offenders for noncompliance with financial orders, despite the U.S. Supreme Court ruling Tate v. Short (1971)
- 21. Intermediate Sanctions Forfeiture The seizure of personal property by the state as a civil or criminal penalty More than 100 federal statutes use forfeiture of property as a punishment
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- 23. Video: Discussion Questions When can the government seize assets? Why is the government allowed to seize assets in some criminal justice cases? Can you see this being a useful criminal justice sanction in any circumstances?
- 24. Intermediate Sanctions Restitution A condition of probation in which the offender repays society or the victim of the crime for the trouble the offender inflicted May be monetary or in the form of community service restitution Restitution does not reduce recidivism What about the wealthy… To avoid wealthy individuals from merely writing a check, judges can order that compensation be paid from income derived from low paying social service or public works jobs.
- 25. Intermediate Sanctions Shock probation and split sentences Alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life A split sentence Requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community Shock probation Puts offenders in prison for a short term before they begin probation, to impress them with the pains of imprisonment
- 26. Intermediate Sanctions Intensiveprobation supervision Involves small probation caseloads and strict monitoring on a daily or weekly basis Goals are typically: Decarceration Control Reintegration
- 27. Intermediate Sanctions Thehouse arrest concept Requires convicted offenders to spend extended periods of time in their own home as an alternative to an incarceration sentence Electronic monitoring frequently accompanies house arrest to ensure compliance
- 28. Intermediate Sanctions Residentialcommunity corrections facility sentence This is a nonsecure facility that houses probationers who need a more secure environment Day reporting centers Nonresidential community based treatment programs
Editor's Notes
- #7 Learning Objective One
- #10 Learning Objective One & Two
- #11 Anil Kumar (right) hugs his lawyer as he leaves the federal court after being sentenced in New York on July 19, 2012. Kumar received a probation sentence for testifying in a securities scheme fraud case. Do you believe it is ethical to reward a defendant with a more lenient sentence in exchange for their testimony against other conspirators? Might this allow more serious offenders to get off lightly while minor actors wind up in prison?
- #12 Learning Objective Seven
- #15 Learning Objective Eight - Attorney Dean Zabriskie, left, appears with his client, Joseph Berg, for his sentencing hearing at the 4th District Court in Provo, Utah. Berg, who last year kidnapped and assaulted his longtime girlfriend, was sentenced to 180 days in jail followed by 36 months of probation, including anger management and substance abuse treatment. Such treatment outcomes are not unusual in domestic violence cases.
- #17 Learning Objective Eight - People fail on probation for many reasons. Many are drug and alcohol abusers who find it difficult to confront their habits. On July 20, 2010, Lindsay Lohan arrives at the courthouse in Beverly Hills, California, with her lawyer Shawn Chapman Holley, right, to begin a 90-day jail sentence. Lohan was arrested for driving under the influence and thereby violating the terms of her probation in connection with a prior (2007) DUI conviction. In accordance with a policy of early release of nonviolent offenders to reduce jail overcrowding, however, she was released after serving 14 days of the sentence. She was immediately taken to an inpatient rehabilitation facility, where she was expected to stay another 90 days. Lohan was instead released after serving 23 days, but she was required to undergo outpatient therapy, to submit to random drug and alcohol screenings, and to attend psychotherapy and behavior therapy twice a week. On March 29, 2012, Lohan was released from her probation order (though she will remain on informal probation for taking a necklace without permission in 2011). At her final hearing, she told the judge, “I just want to say thank you for being fair. It’s really opened a lot of doors for me.”
- #20 Learning Objective Nine - Intermediate sanctions are often used when those convictions do not pose a danger to society. Here, former KB Home chief executive Bruce Karatz, his wife, philanthropist Lilly Tartikoff, and his attorney, John Keker, leave U.S. District Court after Karatz’s conviction on four criminal charges following an investigation into alleged stock manipulation in Los Angeles. Karatz was sentenced to five years of probation and eight months of home detention with electronic monitoring for a stock- option backdating scam.
- #21 Learning Objective Nine
- #23 Learning Objective Nine
- #25 Restitution is sometimes used as a part of sentence to compensate the injured parties. Here, in a Los Angeles Criminal Court, former student midwife Katharine McCall, right, listens as she is sentenced to three years of probation for practicing medicine without a license after she delivered a baby without supervision. McCall was ordered to complete 280 hours of community service and pay $10,000 in restitution.