Exam 2 Study Guide
Exam 2 Study Guide CJ 270
Popular in Introduction to Corrections
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This 4 page Study Guide was uploaded by Michela Spicer on Friday September 23, 2016. The Study Guide belongs to CJ 270 at University of Alabama - Tuscaloosa taught by Patrick Halliday in Fall 2016. Since its upload, it has received 48 views. For similar materials see Introduction to Corrections in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/23/16
10 questions Describe community corrections acts A philosophy of correctional treatment that embraces: 1.Decentralization of authority 2.Citizen participation 3. Redefinition of the population of offenders for whom incarceration is most appropriate 4. Emphasis on rehabilitation through community programs Community policing: a law enforcement strategy to get residents involved in making their neighborhoods safer by focusing on crime prevention, nonemergency services, public accountability, and decentralized decision making that includes the public Community-based prosecution: a prosecution strategy that uses a combination of criminal and civil tactics and the legal expertise, resources, and clout of the prosecuting attorney’s office to find innovative solutions to a neighborhood’s specific problems Community-based defender services: a defender strategy that provides continuity in representation of indigent defendants and helps defendants with personal and family problems that can lead to legal troubles Community courts: a judicial strategy of hearing a criminal case in the community that is most affected by the case and including that community in case disposition Definition of diversion The halting or suspension, BEFORE conviction, of formal criminal proceedings against a person, conditioned on some form of counter performance by the defendant Definition of probation The conditional release of a convicted offender into the community, under the supervision of a probation officer. It is conditional because it can be revoked if certain conditions are not met Revocation hearing A due process hearing that must be conducted to determine whether the conditions of probation have been violated before probation can be revoked and the offender removed from the community 4 rationales of diversion Legal and Ethical Issues o Unconditional diversion: the termination of criminal processing at any point before adjudication with no threat of later prosecution. Treatment, counseling, and other services are offered and use is voluntary Affords the best protection for a defendant’s legal rights because dismissal of charges does not require any counter performance (defendant has everything to gain and nothing to lose) Voluntary treatment is said to be more likely than coerced treatment to have beneficial effects o Conditional diversion: diversion in which charges are dismissed if the defendant satisfactorily completes treatment, counseling, or other programs ordered by the justice system Provides greater protection against prosecutorial defendant than does diversion by the police or the prosecutor Conditional diversion does not eliminate the possibility of more severe penalties for divertees who fail the program Law Enforcement Issues o If unconditional diversion is limited to the first or second charge, then increases in violations are less likely o Conditional diversion requiring supervision and counter performance does not seem more likely to encourage crime than the dispositions it most often replaces- fines, suspended sentences, and probation Safety Issues o Some argue that diversion can protect the community better than traditional processing can o Diversion drug courts and veterans courts hold regularly scheduled status hearings, monthly or more frequently, with the offender, prosecutor, defense attorney, treatment providers, probation agents, and others At these hearings, judges monitor the progress of the offender, provide continuing court supervision, keep the offender in treatment, and proscribe sanctions for noncompliance and rewards for compliance In other words, the court has the ability to respond immediately to positive or negative behavior, which protects the community better than traditional criminal processing Economic Issues oDiversion is less conducive to recidivism than is traditional processing o Costs of both diversion and its alternatives include the costs of arriving at a decision, the costs of implementing decisions, and the costs of undesired consequences of decisions, such as reinstatement of prosecution, leveling of new charges, or revocation of probation or parole because of a new charge or violation o Diversion is not always the appropriate response to criminal behavior When diversion fails to bring about the wanted changes in an offender’s behavior, probation is usually the next step in the corrections process 3 questions regarding the different types of intermediate sanctions (chapter 5) Intensive supervision probation (ISP): control of offenders in the community under strict conditions by means of frequent reporting to a probation officer whose case-load is generally limited to 30 offenders Drug courts: a special court that is given responsibility to treat, sanction, and reward drug offenders with punishment more restrictive than regular probation but less severe than incarceration Fine: a financial penalty used as a criminal sanction Day fine: a financial penalty scaled both to the defendant’s ability to pay and the seriousness of the crime Community service: a sentence to serve a specified number of hours working in unpaid positions with non-profit or tax- supported agencies Day reporting center (DRC): a community correctional center to which an offender reports every day or several days a week for supervision and treatment Remote-location monitoring: technologies, including Global Positioning System (GPS) devices and electronic monitoring (EM), that probation and parole officers use to monitor remotely the physical location of an offender Residential reentry centers (RRC): a medium-security correctional setting that resident offenders are permitted to leave regularly- unaccompanied by staff- for work, education or vocational programs, or treatment in the community but require them to return to a locked facility each evening Boot camp: a short institutional term of confinement that includes a physical regimen designed to develop self-discipline, respect for authority, responsibility, and a sense of accomplishment The number of adults on probation in the US at the end of 2011 is 3,971,319 John Augustus Became interested in the operation of the courts in 1841, and that is when the practice of probation began to emerge Started in Boston, Massachusetts Particularly sensitive to the problems of persons charged with violating Boston’s vice or temperance laws He was a member of the Washington Total Abstinence Society- an organization devoted to the promotion of temperance By the time of his death in 1859, Augustus had won probation for almost 2,000 adults and several thousand children He investigated the age, character, and work habits of each offender He identified persons he thought redeemable and “whose hearts were not fully depraved, but gave promise of better things” Augustus made probation recommendations to the court He developed conditions of probation and helped offenders with employment, education, and housing He supervised offenders during their probation, which lasted, on average, about 30 days
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