CJC101 Exam 4 (Final)
CJC101 Exam 4 (Final) Criminal Justice 101
Popular in Introduction to American Criminal Justice System
Criminal Justice 101
verified elite notetaker
Popular in Criminal Justice
verified elite notetaker
This 21 page Study Guide was uploaded by Savannah Tipton on Wednesday December 9, 2015. The Study Guide belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 220 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
Reviews for CJC101 Exam 4 (Final)
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 12/09/15
Final Exam Study Guide Chapters 13 - 16 Defined Vocab Chapters 13-16 Court Cases Notes on: Corrections Community Corrections, Probation, and Intermediate Sanctions Incarceration and Prison Society Reentry into the Community _____________________________________________________________________________________ Vocab Chapter 13 Corrections: the variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses Reformatory: an institution for young offenders, emphasizing training, a mark system of classification, indeterminate sentences, and parole Penitentiary: an institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform Contract labor system: a system under which inmates’ labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made saleable and raw materials with which inmates made saleable products in the institution Mark system: a system in which offenders receive a certain number of points at the time of sentencing, based on severity of their crime. Prisoners can reduce their term and gain release by earning marks to reduce these points through labor, good behavior, and educational achievement Rehabilitation model: a model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy Medical model: a model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment Crime control model of corrections: a model of corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision Enlightenment: a movement, during the 18 century in England and France, in which concepts of liberalism, rationalism, equality, and individualism dominated social and political thinking Congregate system: a penitentiary system, developed in Auburn, New York, in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of silence Undocumented immigrants: foreign-born noncitizens present in the United States without proper papers or approval for wither entering the country or remaining beyond a specified date Deportation: formal removal by the federal government of an undocumented immigrant or other noncitizen from the United States for violation of immigration and other laws Lease system: a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for labor. In southern states the prisoners were used as agricultural, mining, logging, and construction laborers Jails: an institution authorized to hold pretrial detainees and sentences misdemeanants for periods longer than 48 hours. Most jails are administered by county governments; in six jurisdictions, they are administered by state governments Prisons: an institution for the incarceration of people convicted of serious crimes, usually felonies Hands-off policy: judges should not interfere with the administration of correctional institutions Separate confinement: a penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from other inmates. All activities, including craft work, took place in the cells Community corrections: a model of corrections based on the goal of reintegrating the offender into the community Chapter 14 Restitution: repayment – in the form of money or service – by an offender to a victim who has suffered some loss from the offense Day reporting center: a community correctional center where an offender reports each day to comply with elements of a sentence Fines: a sum of money to be paid to that state by a convicted person as punishment for an offense Community service: a sentence requiring the offender to perform a certain amount of unpaid labor in the community Home confinement: a sentence requiring the offender to remain inside his or her home during specified periods Community justice: a model of justice that emphasizes reparation to the victim and the community, approaching crime from a problem – solving perspective, and citizen involvement in crime prevention Recidivism: a return to criminal behavior Intensive supervision probation (ISP): probation granted under conditions of strict reporting to a probation officer with a limited caseload. Forfeiture: government seizure of property and other assets derived from or used in criminal activity Net widening: process in which new sentencing options increase instead of reduce control over offenders’ lives Boot camps: a short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration Technical violation: the probationer’s failure to abide by the rules and conditions of probation (specified by the judge), resulting in revocation of probation Chapter 15 Reintegration model: a model of a correctional institution that emphasizes maintaining the offender’s ties to family and community as a method of reform, recognizing that the offender will be returning to society Inmate code: the values and norms of the prison social system that define the inmates’ idea of the model prisoner Custodial model: a model of incarceration that emphasizes security, discipline, and order Classification: the process of assigning an inmate to a category specifying his or her needs for security, treatment, education, work assignment, and readiness for release. Chapter 16 Mandatory release: the required of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate – sentencing law or parole guidelines Civil disabilities: legal restrictions that prevent released felons from voting, serving on juries, and holding public office Parole: the conditional release of an inmate from incarceration under supervision after a part of the prison sentence has been served Probation release: the release of an inmate from incarceration to probation supervision, as required by the sentencing judge Halfway house: a correctional facility housing convicted felons who spend a portion of their day at work in the community but reside in the halfway house during nonworking hours Other conditional release: a term used in some states to avoid the rigidity of mandatory release by placing convicts under supervision in various community setting Discretionary release: the release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law Work and educational release: the daytime release of inmates from correctional institutions so they can work or attend school Expiration release: the release of an inmate from incarceration, without any further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense Tickets of leave: a system of conditional release from prison, devised by Captain Alexander Maconochie and first developed in Ireland by Sir Walter Crofton Conditions of release: conduct restrictions that parolees must follow as a legally binding requirement of being released Pardon: an action of the executive branch of state or federal government excluding the offense and absolving the offender from the consequences of the crime Expungement: process defined by individual state’s laws through which offenders can have their criminal records erased from public records. This process is often focused on youthful offenders who commit nonviolent offenses in their teens or early twenties Furlough: the temporary release of an inmate from a correctional institution for a brief period, usually one to three days for a visit home. Such programs help maintain family ties and prepare inmates for release on parole Court Cases Cooper v. Pate (1964): prisoners are entitles to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement Menpa v. Rhay (1967): probationers have the right to counsel at a combined revocation – sentencing hardened In re Gault (1967): juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment In re Winship (1970): the standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings McKeiver v. Pennsylvania (1971): juveniles do not have a constitutional right to a trial by jury Morrissey v. Brewer (1972): due process rights require a prompt, informal two-part inquiry before an impartial hearing officer prior to parole revocation. The parolee may present relevant information and confront witnesses Wolff v. McDonnell (1974): basic elements of procedural due process must be present when decisions are made about the disciplining of an inmate Breed v. Jones (1975): juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer; to do so violates the protection against double jeopardy Fare v. Michael C. (1979): by examining the totality of circumstances, trial court judges must evaluate the voluntariness of juveniles’ waiving their right to an attorney and to protections against self-incrimination Hudson v. Palmer (1984): prison officials have the authority to search cells and confiscate any material found Schall v. Martin (1984): juveniles can be held in preventive detention if there is concern that they may commit additional crimes awaiting court action New Jersey v. T.L.O. (1985): school officials may search a student if they have a reasonable suspicion that the search will produce evidence that a school rule or a criminal law has been violated Vernonia School District v. Action (1995): to ensure a safe learning environment, school officials may require random drug testing of students involved in extracurricular school sports team Roper v. Simmons (2005): no death penalty for offenders who commit a murder while younger than age 18 Graham v. Florida (2010): juvenile offenders cannot be sentenced to life imprisonment without possibility of parole (LWOP) for non-homicide crimes Miller v. Alabama (2012): juvenile homicide offenders cannot be sentenced mandatory life without possibility of parole (LWOP) imprisonment Chapter 13 Corrections Development of Corrections Corrections: programs, services, facilities, and organizations responsible for the management of people accused or convicted of criminal offenses Examples of punishment o Prisons o Jails o Probation o Halfway houses o Education and work release programs Invention of the Penitentiary Penitentiary Act of 1779 (John Howard) o A secure and sanitary building for offenders to seek “penance” o Inspection to ensure that offenders followed the rules o Abolition of the fees charges offenders for their food o At reformatory regime o New realized in England Pennsylvania Prison System Characteristics Separate confinement to reflect misdeeds No communication of any kind was allowed Solitary labor, bible reading, and reflection were the keys to the moral rehabilitation All activities were conducted in cells Walnut St. Jail The New York (Albany) System Congregate system Prisoners were held in isolation at night, but worked with other prisoners during the day Prisoners worked in silence Contract labor system: inmates contracted out as labor source, originally inmates not paid at all Prisons in the South and West Lease System o Inmates are leased to contractors who provided prisoners with food and clothing in exchange for their labor o Many were slaves – worked to death on the railroad and the cotton fields in the south o In the west, most prisons were federally run until the west was no longer “wild” Lease system used in west, then replaced by state systems once territories were settled Reformatory Movement National Prison Association meeting – Cincinnati OH – 1870 o Declaration of principles Release as reward for reformation Indeterminate sentencing connection w/ parole o Elmira Reformatory – 1876 – Marks System Enter at grade 2 Time, good behavior – move to grade 1 (eligible for release) Lack of progress, rule violations – demotion to level 3 Principles of Early Female Prison Reform Women’s Prison Association formed in New York in 1844 3 principles guided prison reform o Separation of men and women prisoners o Provision of care in keeping with the needs of women o Management of women’s prisons by female staff First women’s prison – in Indiana Rehabilitation “Medical” Model Implemented by progressives who pursued two main strategies: o Improving conditions in social environments that seemed to be the breeding grounds of crime o Rehabilitating individual offenders through individualized treatments: intermediate sentences – must earn release o Rooted in the early Reformatory Movement – 1876 Elmira, NY o Discredited in the 1970’s, the model failed to achieve its goals The Community Model Developed from the civil rights movement 1967 the President’s Commission of Law Enforcement and the Administration of Justice o Purpose of corrections should be to reintegrate the offender into the community This model dominated until the late 1970’s Main goal – keep the offender connected to the community and his/her family Crime Control Model Critique on rehabilitation failures led to emphasis on crime control – switch implemented in early 1980’s Focus on: o Punitive measures o Longer sentences, especially violent offenders o Get tough on crime policies o Determinate sentences grounded in retribution, deterrence and incapacitation Federal Prison System Federal Bureau of Prisons: 114 prisons 218,000 inmates; 26% are from other countries Five different security levels o 1 is minimum security campus, 5 “supermax” prisons Population contains fewer violent offenders than state prisons o Drug offenses make up about 47% o Noteworthy population of white-collar criminals State Prisons Systems Administration falls under the executive branch of government States very considerably in the number, size, type, and location of correctional facilities For men, institutions are usually classified by level of security o Maximum o Medium o Minimum Indiana Minimum – level 1: 6 facilities (campus like – more freedom of movement) Medium – level 2-3: facilities (fences, dorms, or pods) Maximum – level 4: 4 facilities (walls, fencing, razor wire, more isolated) Intake facilities: decide where to place prisoners o Rockville (women) o RDC (men) Super Maximum Security Prisons 40 states have supermax prisons House most dangerous, violent, predatory criminals Extra tight security and isolated conditions are common Critics claim violations of United Nations standards for the treatment of inmates State Institutions for Women 7% of the incarcerated population are women Ratio of arrests 6 men to 1 woman Females more likely sentenced to probation and intermediate punishments 98 institutions for women, 93 coed facilities Private Prisons Many jurisdictions have long contracted with private vendors to provide specific institutional services and to operate facilities and programs for offenders who are released from prison or who are sentenced to community based programs A response to prison and jail overcrowding and rising staff costs comes from private entrepreneurs who argue they can build and run prisons as least as effectively, safely, and humanely as any level of government can, at a profit, and lower cost to taxpayers In 2010 6.8% of state prisons were private and 16.1% of federal prisons were private Pros and Cons for Private Prisons PRO CON Cheaper Poor service and programming Reduce jail and prison overcrowding Lower wages and benefits for officers Receive state and federal governments Poor training of officers burdens Same level of care Moral considerations Constitutional violations Incarcerated Immigrants The United States has experienced an upsurge in the number of noncitizen immigrants during the past 20 years. The number of undocumented immigrants has been estimated at more than 12 million, whereas, since 2000, about 1 million immigrants per year have legally become residents. Complex Jurisdictional and Operational Situations Involving Incarcerated Immigrants Undocumented immigrants – subject to deportation Sentenced undocumented immigrants – some undocumented immigrants have been sentenced to prisons and jails for criminal offenses. Usually serve sentences before being handed over to ICE for deportation Sentenced legal immigrants – subject to deportation upon completion of sentence is offense is serious Jails: Detention and Short Term Incarceration 3376 jails in US; 2700 operate at the county level – over 735,000 inmates are in US jails everyday Bureau of prisons operate 12 jails housing 14,000 Inmates held include: o Pre-trial detention o Offenders awaiting sentencing o Misdemeanors o Hold probation and parole violators o Receive prison overcrowding through contracts with the state Characteristics of Adult Inmates in US Jails Management of Jails Role of jails o Holding offenders awaiting trial or those convicted and waiting prison space in a state or federal facility o Critics: jails are now a major correctional institution Fiscal problems Inmate characteristics o High turnover of personnel o Lack of programs and medical services o High rates of suicide and mental illness The Law of Corrections Prior to the 1960s hands-off policy Since that time offenders have gained access to the courts Case law has defined and recognized constitutional rights of inmates Civil Rights Act of 1871 – state inmates are citizens with certain civil rights – if violated can file o Section 1983 lawsuits; as a result of o Cooper v. Pate (1964) – court decides civil rights act of 1871 is applied to inmates First Amendment Since 1970 courts have extended the rights of freedom of speech and expression to prisoners Procunier v. Martinez (1974) – restricted censorship of inmate mail Turner v. Safley (1987) – ban on mail correspondence between inmates in different facilities Fourth Amendment Hudson v. Palmer (1984) o Prisoners don’t have protection against search and seizure o No right to privacy o Safety is more important – searches are necessary Eighth Amendment Courts consider whether: o The punishments shocks the conscience of a civilized society o The punishment is cruel o The punishment goes beyond legitimate penal aims Estelle v. Gamble (1976) o “deliberate indifference” violates 8 amendment Fourteenth Amendment Due process in prison discipline o Wolff v. McDonnell (1974) Basic procedure rights when decisions are made about the disciplining of inmates Equal protection o Lee v. Washington (1968) Racial discrimination may not be official policy within prison walls Laws and Community Corrections Conditions of probation and parole o Samson v. California (2006) Police do not need to show reasonable suspicion to search as parolee Revocation of probation and parole o Morrissey v. Brewer (1972) Parolees have a right to an attorney and a two-step revocation hearing process Law and Correctional Personnel Civil Rights Act of 1964 o Inmates are protected against discriminatory practices Civil liability o Cooper v. Pater (1964) Prisoners, probationers, and parolees may sue correctional employees who violate their civil rights Correctional Policy Trends There has been a significant increase in the population under correction supervision o Increased correctional budgets o Tougher sentences o War on drugs; war on terrorism o “law and order” election promises Chapter 14 Community Corrections: Probation and Intermediate Sanctions Support for Community Corrections Not all offenders deserve to be incarcerated It is cheaper than incarceration Recidivism rates no higher than for those who go to prison (generally lower) Probation (NOT an intermediate sanction) Conditional release with supervision Most commonly used sanctions, such as fines, restitution, and community service More than 4.2 million offenders are on probation Origins and Evaluation of Probation John Augustus (1841) – Boston – first probation officer o Pay bond for release o Meantime supervise them Massachusetts (1880) o First statewide probation system 1940s – focus was on therapeutic counseling 1960s – providing social services 1970s until current – risk management How Does Probation Work? Sentence is suspended Promise of good behavior for a specified period of time (a contract between the offender and court) Rules/conditions of probation are set Community supervision Functions of a Probation Officer Presentence investigation report Supervise clients o Includes drug tests o Violation of rules Help clients obtain housing, employment, and treatment services Absconding: person on probation does not keep in contact, important to file Probation Revocation Revocation occurs by either: o Technical violation – rules of probation broken o New arrest or conviction Probation officer has discretion to call the violation to the attention of the court Before revocation can occur, a hearing must be held Is Probation Successful? Evidence is mixed recidivism – especially high for drug addicted offenders Electronic monitoring reduces risk of new crime Probation recidivism is lower than prison recidivism Fines as a Criminal Sanction More than $1 billion per year Used more often in lesser offenses or when financial profits were high Fines may discriminate against poor offenders Many fines go uncollected, especially when most offenders are poor Restitution Repay victims or carry out court-ordered community service Is derived from: o Informed agreements between police and offenders o During plea bargaining o The prosecutor’s sentence recommendation Forfeiture as a Sanction Racketeer Influenced and Corrupt Organizations Act (RICO) o Federal seizure of goods and instrumentalities related to the commission or outcome of a federal act Austin v. United States o Limits government ability to seize property of offenders Great potential for abuse Home Confinement House arrest in lieu of incarceration Restrictions o curfews o check-in times o random alcohol and drug testing as a sanction, it offers a great deal of flexibility o Some work, attend school, receive treatment, etc. Electronic Monitoring Ensure compliance with house arrest and other rules Problems o Issues of privacy and liberty o Compliance technologies expensive o Compliance tech vary o Recidivism rates are high Community service orders Offenders work without pay at projects that either benefit their communities or other charities Can be tailored to skills of an offender Symbolic function – allows offender to remain part of the community Day reporting centers A location that non-residential clients report to on a daily basis for supervision and treatments Use of multiple correctional methods Often used for probation failures Success rates vary for different kinds of clients Intensive supervision probation (ISP) More restrictive than traditional community based programs, including regular probation Probation officer have summer caseloads to provide more intensive supervision; all movements are tracked Two specific types: o Probation diversion o Institutional diversion Boot Camps Used mostly for juvenile offenders Also referred to as “shock incarceration” 30-90 days Military style program – focusing on discipline After release, probation officer takes over Research is unsupportive of these programs Three Considerations Which agencies should implement the sanction? Which offenders should be admitted to these programs? Will the “community corrections net” widen? o More sanctions available… more likely to sustain those new programs The Future of Community Corrections Americans under community supervision grew from 3.7 million to 5 million over the past 10 years Lack of legislative support Too many control policies Supervision must be tighter Chapter 15 Incarceration and Prison Society The Modern Prison Prison styles and demographics o Have evolved dramatically over time o More minority offenders convicted of violent and drug related crimes o Over 2 million locked up Goals of incarceration o Custodial model: number 1 today; hold, house, incapacitation o Rehabilitation model: gives skills in order to contribute to society; fix people o Reintegration model: all goals geared toward when the individual will leave; job skills, family, relationships, education Formal Organization of a Prison for Adult Felons Indiana has a superintendent and not a warden Number of deputies of superintendent assistants depends on the size of a prison Warden o Deputy warden: management Budgets and accounts Food service Clothing and laundry Buildings and grounds Canteen Purchasing o Deputy warden: custody Institutional security Guard forces Prisoner discipline Investigations Visiting o Deputy warden: programs Medical and dental services Education Recreation Counseling Classification Religion o Deputy warden: industry and agriculture Industry farm Governing a Society of Captives “a good prison” provides o Order o Amenities o Service and safety 4 factors that make prisons unique 1. Defects of total power 2. Limits to rewards and punishments 3. Cooperation by inmates 4. Strength of inmate leadership The Defects of Total Power Power of officers is limited Prisoners have little to lose Ratio of inmates to officials: sometimes 50 to 1 Rewards and punishments used to control inmates Gaining Cooperation: Exchange Relationships Office may tolerate minor rules violations in order to gain compliance and assistance on order and safety The challenge of governing prison Inmate leadership Reliance on inmate leaders in large prisons Prisons function more effectively now o Riots and violence have declined Modern prisons separate inmates by race, ethnicity, age, and sometimes by gang affiliation Correctional Officer: The Linchpin of Management The officer’s role o Expected to counsel, supervise, protect, and process inmates o Work in a complex bureaucracy o Must act impersonally and follow procedure and protocols Use of Force Corporal punishment and excessive force NOT permitted Certain situations warrant acceptable force: o Self-defense o Defense of a third party o Upholding prison rules o Prevention of a crime o Prevention of escapes Who is in Prison? Majority are minority men, between the ages 25-44 Persistent challenging factors: o Elderly prisoners o Inmates with HIV/AIDS o Large percentage of mentally ill incarcerated o Long term sentence inmates Elderly prisoners Population growing rapidly o From 9%-33% in 5 years Attributed to aging population in the US and more aggressive sentencing Costs to house an elderly inmate $69,000/year which is 3X the norm Age 50-55 elderly; prison ages people Prisoners with HIV/AIDS 1.5% tests positive in 2008 Rate is twice that of general public outside of prison Second leading cause of inmate death, after “natural causes” Percentage higher among female inmates than male offenders Mentally Ill Prisoners 56% inmates have symptoms of mental illness Closing of public hospitals Incarceration rate for mentally ill 2 to 4 times that of general population Long-Term Prisoners More in US than any other Western nation “natural life” sentences have increased 3X since 1992 o 10% of total prison population o Each of these inmates costs roughly $1,000,000 per sentence Management is difficult The Convict World Prison structure o What is the inmate code Do not rat on another, do your time Mimics outside criminal subculture Emotion is seen as a weakness The Prison Economy Demands for goods and services Most prisons have commissaries Underground economy o Specialty foods, drugs, alcohol, sex Certain inmate jobs provide opportunities for profit and favors Women in prison 7% of entire US prison population Growing faster than males since 1980s Drug offenses Facilities differ from males: o Looser security o Fewer locations – distance from families; many female inmates are mothers The Subculture of Women’s Prisons Same-sex relationships appear to be less coerced Tend to form pseudo-families with multiple women taking on certain roles – just like a normal family Tend to be less violent o Less gang activity o Less racial tension o Better programing Issues in the Incarceration of Women Sexual misconduct o On the rise Education and training o Signs of gender bias Medical services o Lack of preventive medical and pregnancy care Mother of their children o 60% have one child, 40% two or more Prison Programs Programs o Educational o Vocational o Prison industries – factories on site o Rehabilitative programs Violence in Prison Assaultive behavior and inmate characteristics o Learned violence o Mental disabilities o Personality disorders 3 Characteristics Underlying Assaultive Behavior 1. Age a. Men 16-24 prone to violence 2. Attitudes a. Socioeconomic and ethnic subcultures of violence b. Importation to prison 3. Race a. Major diverse factor – “convict code” b. Gangs committed to racial segregation Prison Violence Prisoner – prisoner violence o Prison gangs Along racial and ethnic lines o Prison rape Victims young, male, white o Protective custody ONLY solution for about 5,000 inmates Officer – prisoner violence o Decreasing prison violence Adequate supervision Improved architecture Reduction in weapons (searches) Reduce overcrowding and proximity of inmates Prisoner – officer violence o 18,000 acts a year Chapter 16: Reentry into the Community Prisoner Reentry 40% of offenders will return to prison Many released have served long sentences Parole and discretionary release cutbacks – no preparation Rehabilitation and community based services cutbacks – little support Release and Supervision 93% will eventually be released o 77% on parole o 19% complete sentence Parole: conditional release for felons locked-up, but not from legal custody of state Parole rests on 3 concepts: o Grace – parole is a privilege o Contract – rules to follow o Custody – still under state supervision Origins of Parole 1800s from English, Irish, and Australian conditional pardon Alexander Maconochie’s 5 Stages to Liberty: “Ticket to Leave” 1. Strict imprisonment 2. Labor on a government chain gang 3. Freedom in limited area 4. Ticket to leave in conditional pardon 5. Full restoration of liberty upon release Development of Parole in U.S. Elmira State Reformatory (NY) for Young Men, 1876 Initially supervised by volunteers 22 states by 1900 had created theirs, 44 had by 1932 Parole remains controversial for various reasons Release Mechanisms 1920-1973 o Intermediate sentencing o Release by parole boards Four basic mechanisms for release 1. Discretionary release 2. Mandatory release 3. Expiration release 4. Other conditional release a. Probation release The Parole Board Process Governor appoints private citizens or prison officials Jurisdictions differ significantly by state Some boards decide by committee Victim or victim’s family or appointees may make statements at parole hearings Parole Supervision in the Community Condition of release Restrictions facilitate readjustment Leaving prison with items you arrived with Stigma “ex-con” upon release; problematic Period of supervised transition Community programs following release: o Work and educational, furloughs, residential Work and Educational Release Furloughs o “home visits” o Temporary release – family, liberty, etc. o Risky Residential/ halfway house o Transitional for soon-to-be-released o Unwelcomed in some U.S. neighborhood o N.I.M.B.Y. – not in my back yard Parole Officer: cop or social worker? The parole officer as a cop o Restrictive powers o Initiating revocation proceedings when violations occur Parole officer as a social worker o Help locate jobs and restore family ties o Caseworker relationship: coach Adjustment to Life outside Prison From rigid structure to world of decision – making and temptations Must secure a job Must avoid temptations and involvement with criminal element Denied government assistance Public opinion Revocation of Parole Morrissey v. Brewer (1972) o 2-step probable cause hearing process High percentage of parole violations are for new crimes The reentry problem in the U.S. o Early release authority abolished o Rehab/educational program cutbacks o Longer mandatory sentences The Future of Prisoner Reentry What are “civil disabilities” and how do they impact ex-cons? Critics argue for full unconditional reintegration into society, possibly through expungement Public opinion o Parole viewed by many Americans as a symbol of leniency and failure of the CJ system Pardon Clemency can be granted by President or most state governors Recommendations from state boards Pardons serve three main purposes: o Remedy miscarriage of justice o Remove stigma of conviction o Mitigate a penalty
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'