Probation is an alternative to incarceration that involves court-imposed sanctions and conditions for a specific period of time. It originated in the 1800s in the US as a way to divert offenders from prison. Today, 60% of those under correctional supervision are on probation. Probation officers have discretion in conducting presentence investigations, providing casework and services, conducting surveillance of offenders, and setting standard and special conditions of probation. Intensive probation supervision involves greater community supervision for offenders who pose a greater threat. Conditions of probation can be fulfilled early and probation revoked for violations. Evaluations have found probation to be cost-effective and that surveillance alone is not enough for success.
111620151American Policing and Court Systems-SSantosConleyha
11/16/2015
1
American Policing and Court
Systems
-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and
modified by Manning (2007, & 2015).
The Criminal Justice System overview
• The Process of Justice
– From initial contact, through post-release
• Crime committed - investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.
England’s Policing History
• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.
– So successful all counties were required to have
them by 1856.
– Police officers must have a perfect command of
temper.
– Critics said these agencies were created to control
the poor.
11/16/2015
2
American Policing History
• Colonial America
– Used system like England's
• America’s first uniformed police
– Boston in 1838 and New York in 1844
• Progressive Era – lead by T. Roosevelt
– 1895—tried to reform police by removing them from
politics.
• Today more than 20,000 separate agencies in US
– 708,022 sworn officers
Federal Law Enforcement
• First Federal police force 1790
– US Coast Guard.
• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,
organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.
• Captured Baby Face Nelson, Pretty Boy Floyd.
– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.
Federal Policing cont’d
• Drug Enforcement Administration DEA
• Immigration and Naturalization Service
– INS largest group of federal police.
– Now called ICE:
• US Immigration and Customs Enforcement
• United States Marshall Service
– Witness protection, federal court security
• Treasury Department: Secret Service
11/16/2015
3
Department of
Homeland Security
• Five divisions created after 911:
– Border and Transportation Security
– Emergency Preparedness & Response
• Make sure were prepared and able to recover from
terrorism
– Science and Technology
– Information Analysis and Infrastructure
– Management
State, County and Municipal Law
Enforcement
• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police
• Highway Patrol
• County Police (Sheriff’s Department)
– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.
• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a
cost of about $2.5 trillion
Special Purpose Policing
and Private Police
• Special Purpose Police ...
11/16/2015
1
American Policing and Court
Systems
-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and
modified by Manning (2007, & 2015).
The Criminal Justice System overview
• The Process of Justice
– From initial contact, through post-release
• Crime committed - investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.
England’s Policing History
• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.
– So successful all counties were required to have
them by 1856.
– Police officers must have a perfect command of
temper.
– Critics said these agencies were created to control
the poor.
11/16/2015
2
American Policing History
• Colonial America
– Used system like England's
• America’s first uniformed police
– Boston in 1838 and New York in 1844
• Progressive Era – lead by T. Roosevelt
– 1895—tried to reform police by removing them from
politics.
• Today more than 20,000 separate agencies in US
– 708,022 sworn officers
Federal Law Enforcement
• First Federal police force 1790
– US Coast Guard.
• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,
organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.
• Captured Baby Face Nelson, Pretty Boy Floyd.
– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.
Federal Policing cont’d
• Drug Enforcement Administration DEA
• Immigration and Naturalization Service
– INS largest group of federal police.
– Now called ICE:
• US Immigration and Customs Enforcement
• United States Marshall Service
– Witness protection, federal court security
• Treasury Department: Secret Service
11/16/2015
3
Department of
Homeland Security
• Five divisions created after 911:
– Border and Transportation Security
– Emergency Preparedness & Response
• Make sure were prepared and able to recover from
terrorism
– Science and Technology
– Information Analysis and Infrastructure
– Management
State, County and Municipal Law
Enforcement
• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police
• Highway Patrol
• County Police (Sheriff’s Department)
– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.
• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a
cost of about $2.5 trillion
Special Purpose Policing
and Private Police
• Special Purpose Police ...
To hear the recorded version of this webinar, visit http://bit.ly/1JqXkox
Our panel discusses developments in government enforcement of health care anti-fraud laws. This will include recent court decisions, settlements and OIG/DOJ pronouncements and public statements. The focus will be on development in 2015 year to date. The panel will also discuss significant "cases to watch" that are in active litigation and could result in decisions that impact the industry.
On our agenda:
Overview of recent government enforcement efforts
Highlight of significant False Claims Act decisions in 2015
Discussion of pending cases and their implications for the industry
Presenters:
Jeffrey Fitzgerald, Shareholder, Polsinelli
Brian Bewley, Shareholder, Polsinelli
111620151American Policing and Court Systems-SSantosConleyha
11/16/2015
1
American Policing and Court
Systems
-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and
modified by Manning (2007, & 2015).
The Criminal Justice System overview
• The Process of Justice
– From initial contact, through post-release
• Crime committed - investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.
England’s Policing History
• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.
– So successful all counties were required to have
them by 1856.
– Police officers must have a perfect command of
temper.
– Critics said these agencies were created to control
the poor.
11/16/2015
2
American Policing History
• Colonial America
– Used system like England's
• America’s first uniformed police
– Boston in 1838 and New York in 1844
• Progressive Era – lead by T. Roosevelt
– 1895—tried to reform police by removing them from
politics.
• Today more than 20,000 separate agencies in US
– 708,022 sworn officers
Federal Law Enforcement
• First Federal police force 1790
– US Coast Guard.
• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,
organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.
• Captured Baby Face Nelson, Pretty Boy Floyd.
– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.
Federal Policing cont’d
• Drug Enforcement Administration DEA
• Immigration and Naturalization Service
– INS largest group of federal police.
– Now called ICE:
• US Immigration and Customs Enforcement
• United States Marshall Service
– Witness protection, federal court security
• Treasury Department: Secret Service
11/16/2015
3
Department of
Homeland Security
• Five divisions created after 911:
– Border and Transportation Security
– Emergency Preparedness & Response
• Make sure were prepared and able to recover from
terrorism
– Science and Technology
– Information Analysis and Infrastructure
– Management
State, County and Municipal Law
Enforcement
• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police
• Highway Patrol
• County Police (Sheriff’s Department)
– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.
• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a
cost of about $2.5 trillion
Special Purpose Policing
and Private Police
• Special Purpose Police ...
11/16/2015
1
American Policing and Court
Systems
-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and
modified by Manning (2007, & 2015).
The Criminal Justice System overview
• The Process of Justice
– From initial contact, through post-release
• Crime committed - investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.
England’s Policing History
• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.
– So successful all counties were required to have
them by 1856.
– Police officers must have a perfect command of
temper.
– Critics said these agencies were created to control
the poor.
11/16/2015
2
American Policing History
• Colonial America
– Used system like England's
• America’s first uniformed police
– Boston in 1838 and New York in 1844
• Progressive Era – lead by T. Roosevelt
– 1895—tried to reform police by removing them from
politics.
• Today more than 20,000 separate agencies in US
– 708,022 sworn officers
Federal Law Enforcement
• First Federal police force 1790
– US Coast Guard.
• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,
organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.
• Captured Baby Face Nelson, Pretty Boy Floyd.
– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.
Federal Policing cont’d
• Drug Enforcement Administration DEA
• Immigration and Naturalization Service
– INS largest group of federal police.
– Now called ICE:
• US Immigration and Customs Enforcement
• United States Marshall Service
– Witness protection, federal court security
• Treasury Department: Secret Service
11/16/2015
3
Department of
Homeland Security
• Five divisions created after 911:
– Border and Transportation Security
– Emergency Preparedness & Response
• Make sure were prepared and able to recover from
terrorism
– Science and Technology
– Information Analysis and Infrastructure
– Management
State, County and Municipal Law
Enforcement
• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police
• Highway Patrol
• County Police (Sheriff’s Department)
– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.
• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a
cost of about $2.5 trillion
Special Purpose Policing
and Private Police
• Special Purpose Police ...
To hear the recorded version of this webinar, visit http://bit.ly/1JqXkox
Our panel discusses developments in government enforcement of health care anti-fraud laws. This will include recent court decisions, settlements and OIG/DOJ pronouncements and public statements. The focus will be on development in 2015 year to date. The panel will also discuss significant "cases to watch" that are in active litigation and could result in decisions that impact the industry.
On our agenda:
Overview of recent government enforcement efforts
Highlight of significant False Claims Act decisions in 2015
Discussion of pending cases and their implications for the industry
Presenters:
Jeffrey Fitzgerald, Shareholder, Polsinelli
Brian Bewley, Shareholder, Polsinelli
role of women and girls in various terror groupssadiakorobi2
Women have three distinct types of involvement: direct involvement in terrorist acts; enabling of others to commit such acts; and facilitating the disengagement of others from violent or extremist groups.
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
7. Mass.
1841: John Augustus (father of probation)
-public drunkenness
1843-women and juveniles
1102 people: 1 -20 forfeited bail
1878: first probation law in US
8. Today:
60% of 7 million under correctional supervision
Men 77%/23% women
22. Day fines; not paid daily
-reasonable terms
-incentives
-swift action
Editor's Notes
Community corrections acts (CCAs) are state laws that use financial incentives to encourage local agencies to develop and operate alternatives to incarceration.
Community probation remains the most popular form of alternatives to incarceration used today.
It is community supervision of an offender under court-imposed sanctions for a specific time period and with conditions the probationer must follow in order to remain on probation.
Pretrial diversion: courts impose supervision before a guilty plea so the person can assist in case preparation, and court is assured defendant will appear.
Deferred adjudication: Defendant enters into an agreement with the court to complete conditions of probation within a time period. If they do this successfully the charges will be dropped. One free “bite of the apple”. This does not get offered multiple time. Usually reserved for youthful, non-violent offenders.
Suspended sentence: community supervision of offender on deferred adjudication
Suspended execution of sentence: Probation instead of prison. For example three years in prison suspended to two years probation.
The precursors to probation:
Benefit of clergy: if you were an member of the clergy you could request to have your criminal case transferred to church courts (ecclesiastical). Many times the punishment of death was not imposed in these courts and even imprisonment was not put on clergy despite the attempts of the English Kings to change this rule.
Judicial reprieve/suspended sentence: When a convicted person applied for a pardon to the Crown their sentence would be suspended or held off until they heard from the appeal.
Recognizance: The defendant promises to appear in court and released into community with no supervision. Reserved for minor crimes and first time offenders.
In Massachusetts:
1841 John Augustus owned a store near the court house and used to observed the court proceedings. He saw many people who were simply charged with alcohol related offenses being sentenced to prison. He offered the court the chance to release those charged with public drunkenness into his care promising they would appear in court when required. He eventually included females and juveniles in his charges.
By his claim in 1102 people he handled only 1 ever failed to appear but a friend stated it was more like 10 out of 2000 people. Still good odds.
Today 60% of the 7 million people under the supervision of courts or correctional departments are on probation so it is the most often used form of alternative to incarceration.
77% of the people on probation are male and 23% women.
Probation has certain components:
Presentence investigation-conducted by the probation department. This is where they find out who you really are.
Crime accused of
Past criminal history
Educational/social/economic
Family life
Employment
Basically are you a threat to the community?
Once on probation the probationer is assigned to a caseworker who works with the person to be sure they are on track for meeting the conditions of probation.
The probationer is referred to what court ordered services they need such as substance abuse treatment, parenting, anger management.
Finally is surveillance whereby the probationer is required to report and the case worker checks up to be sure the person is doing what they are supposed to be and more importantly not doing what they are not supposed to be doing.
All probation comes with conditions. Some are standard: For a detailed list refer to page 167 in your text.
Special may include: attending needed treatment, avoiding certain people.
Intensive Probation Supervision (IPS): provides greater community supervision for offenders who pose a greater risk to the community. This is reserved for about 4% of those on probation. If a person poses a great threat to the community they would most likely not get probation.
Probation Enhancement IPS: Reduces the caseload of the Pos to allow for the greater supervision. If a PO has a case load of 100 + they certainly can not effectively supervisee all of those probationers. By reducing the case load the Pos have less people and more time.
They are finding that under this type of supervision there are more technical violations versus legal ones. It is because the Pos can watch every move a probationer makes. Not many people can survive scrutiny like that.
How does one get released from probation?
You serve the time successfully
You fulfill all the imposed conditions early and the PO and court agree
You are revocated. That means you did not meet your conditions or you violated one or more the conditions.
Revocation:
Legal violation: you committed another crime while on probation (DUH on you for doing that)
Technical: failing to follow one or more of the conditions of probation for example attending classes, staying away from certain places/people.
In the case of Memphis v. Rhay (1976) the Court ruled that probationers who are facing revocation have the right to legal counsel.
In Gagnon v. Scarpelli the Court ruled the probationer has the right to:
Written notice of charges
Disclosure of the evidence against them
Be heard and present witnesses
Confront witness against them and cross examine
A neutral and detached hearing body
Written statement by fact-finders as to the evidence relied on and reasons for revoking the probation
It basically gave the probationer the same rights as in a criminal court.
Evaluating probation: It is cost effective when compared to how much it costs to house inmates in prison.
It does provide a measure of punitiveness (punishment) since you are not completely free to do what you want.
Surveillance alone is usually not enough and needs to combined with treatment for whatever specific issue the probationer may have.
Community service is a condition of probation imposed to try and pay back the community:
It is important that site is correct for the person. You do not want someone on probation for crimes against children to be working in a day care.
The intake is also important as it must be sure the community service will serve the probationers needs as well.
Placement falls under the same concern as listed above.
Termination of community service is usually measured in hours rather than a job being completed.
Restitution is court ordered payment of money to the victim by the offender to try and compensate them for their loss.
In the time of 1925-1980’s if you were sentenced to prison the restitution was forfeited.
As victim rights became an issue there have been victim compensation funds developed. These are government operated funds that victims can apply for to try and recoup financial losses due to a crime.
Fines are a fixed amount of money an offender must pay to the court. They are punitive and yet flexible. You would not impose a fine of $1 million on a person who makes $10k a year. This is part of other sanctions usually such as probation and do provide a source of income for the court.
Day fines: these are not paid every day.
Day fines:
Offenses are broken down into punishments units. These units are then converted into days of pay. The offenders income is then broken down into daily units and this is multiplied by the punishment units.