Chapter 11 Notes
Chapter 11 Notes CRJU 101 001
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CRJU 101 001
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This 2 page Class Notes was uploaded by Richard Martin on Friday April 8, 2016. The Class Notes belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 20 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 04/08/16
Chapter 11: Probation and Parole Wednesday, March 30, 2016 9:38 AM Diversion and Probation • Diversion: defendant is offered an alternative to a criminal trial and prison sentence ○ Drug court: get clean, stay clean, participate in society off drugs ○ Boot camp: short term effectiveness ○ Treatment program: non-serious crimes, first time offenders, juvenile offenders • Probation: sentencing option of the trail judge, diverts the offender after being convicted but prior to servingprison time ○ Suspended sentence: when a defendant is convicted but prison term is suspended and defendant does not have to serve prison time Parole • Offender has been sentenced to prison, serves portion of time, releasedbefore max term of sentence • Decision made by a parole board • Under supervisionin community and can go back to prison if they violate terms of their release • Other forms: ○ Good-Time Release ○ Mandatory Release ○ Pardon • Mandatory Release:defendant serves complete sentence, ○ No supervisionor restrictions ○ Releasedregardless of the danger the may pose to community • Good-Time Release:shortens length of the inmate's sentence based on good behavior while incarcerated ○ Motivates inmates to obey institutional rules, refrain from violence and drug use, and use rehabilitationprograms ○ Some violent crimes cannot get good-time credit while nonviolent offenders can • Pardons: early releaseor exempted from serving sentence ○ Only performed by governor of state for state prisoners or by president of the US for federal and military prisoners ○ Acts of mercy, does not mean inmate is not guilty • Commutation of Sentence: reduction in severity or lengthof a sentence, granted by governorsor the President Probation • Probation in Local Courts ○ Often handled in courts of LimitedJurisdiction ○ Limited access to probation services • State Probation Officers ○ State probation may be handledin a number of ways • Probation Officers ○ Probation officers are not law enforcement officers in the traditional sense ○ Some states allow officers to carry weapons, others do not ○ In some ways, probation officers have more freedom than police officers • Granting probation ○ Can be used for minor and serious crimes ○ Mandatory minimumsentences reduce judicial discretion ○ Two key assumptions in granting probation: public safety and lack of effectiveness ○ Various conditions of parole will be in place • Pros and Cons of Probation ○ Pros: low cost, probationers have attachment to the community ○ Cons: fear of future criminal activity, lack of punishment for offender • Probation Revocation ○ Probation can be revoked at any time, technical violations common ○ If revoke, offender serves time remaining in prison ○ Due process rights apply to probation revocation ○ Lower legal standard "more likelythan not" applies to hearings (51% sure you had a technical violation) Parole • The Mark System: precursor to the current parole system that worked very similarto good-time credit (got marks for being good prisoner) ○ Established by Alexander Maconochie (Ticket to Leave: once marks were met, received ticket to leave to get out) • Sir Walter Crofton's Irish System ○ Similar to Maconochie's mark system but used a "continuum of freedom" instead of marks for prisoners to earn their release ○ Solitary confinement to work programs outside of prison • Pros and Cons of Parole ○ Pros: promotes rehabilitation, helps alleviateprison overcrowding Cons: public opposition, recidivism,absconding Notes Page 1 ○ Cons: public opposition, recidivism,absconding • State and Federal Parole Boards ○ Parole board grant parole, not judges ○ State level:director and members appointed by the Governor ○ Federal level:operated by US Parole Commission(USPC) but this agency is inthe process of shutting down Only federal inmates convicted before November 1987 are eligiblefor parole • Parole Hearings:similarto trial but without many of the due process rights afforded at trial ○ Witnesses, appeals, public vs private, right to counsel, location ○ No burden of proof needs to be met by the parole board Reliance on feelings,common sense and community expectations • Conditions and Revocation of Parole ○ Like probationers, parolees are subject to conditions of release ○ State level:grant variation in conditions ○ Federal level:makes use of the "standard conditions of release" Associations, drug and alcohol use, obeying of laws, reporting to police contacts and other offender specific conditions ○ Parole may be revoked but parolees are entitled to a revocation hearing (Morrissey vs Brewer, 1972) Notes Page 2
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