Chapter 4 Notes
Chapter 4 Notes CJ 270
Popular in Introduction to Corrections
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This 4 page Class Notes was uploaded by Michela Spicer on Sunday September 18, 2016. The Class Notes belongs to CJ 270 at University of Alabama - Tuscaloosa taught by Patrick Halliday in Fall 2016. Since its upload, it has received 8 views. For similar materials see Introduction to Corrections in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/18/16
Chapter 4: Diversion and Probation Objectives: 1. Define diversion and know its objectives Diversion is the official halting or suspension, before conviction, of formal criminal proceedings against a person, often conditioned on some form of counterperformance, such as participation in a treatment, counseling, or educational program 2. Explain the rationales for diversion There are 4 rationales for diversion oFormal processing can encourage more criminal behavior o Diversion is cheaper than formally processing an offender through the criminal justice system o Formal processing may seem inappropriate for crimes without perceived victims o Formal arrest, trial, and conviction add to the burdens of certain disadvantaged groups 3. Give examples of stages at which diversion occurs in the criminal justice process Diversion may occur at any stage in the criminal justice process after a criminal complaint has been filed or police have observed a crime. The police, a prosecutor, or a judge may call for diversion 4. Discuss diversion policy issues Issues concerning diversion include oThe legal and ethical issues of protecting a defendant’s rights o The law enforcement question whether diversion encourages violation of the law o The safety question whether diversion protects the community better than traditional processing o The economic question of diversion’s cost- effectiveness 5. Define probation and know its goals Probation is the conditional release of a convicted offender into the community under the supervision of a probation officer. Most probation programs are designed to o Protect the community by assisting judges in sentencing and supervising offenders o Carry out sanctions imposed by the court o Help offenders change o Support crime victims o Coordinate and promote the use of community resources 6. Explain the reasons for using probation Probation is used for 4 reasons o It permits offenders to remain in the community for reintegration purposes o It avoids institutionalization and the stigma of incarceration o It is less expensive than incarceration and more humanitarian o It is appropriate for offenders whose crimes do not necessarily merit incarceration 7. Describe some of the characteristics of adults on probation At yearend 2011 federal, state, and local probation agencies supervised slightly more than 4.0 million adult U.S. resident, with misdemeanor convictions accounting for one-half. 25% of all probationers were women, and 54% of probationers were white 8. Explain the different ways that probation is administered In 29 states, a state or local agency delivers adult probation services In 3 states, adult probation services are delivered exclusively through county or multicounty agencies in the executive branch In 8 states, the judicial branch of government is responsible for adult probation services In 5 states, local agencies in the judicial branch deliver adult probation services And in 5 states, adult probation services are delivered through some combination of state executive branch, local executive agencies, or local agencies in either the judicial or the executive branch 9. Describe the measures used to evaluate probation Corrections professionals urge evaluators to collect data on outcomes other than recidivism, such as amount of restitution collected, number of offenders employed, amounts of fines and fees collected, hours of community service, number of treatment sessions completed, percentage of financial obligations collected, rate of enrollment in school, number of days employed, education attainment, and number of days drug free 10. Describe the investigation and supervision functions of probation officers Case investigation and client supervision are the two major roles of probation officers. Investigation includes the preparation of a presentence report, which the judge uses in sentencing an offender. Supervision includes the functions of resource mediation, surveillance, and enforcement 11. Explain revocation hearings A revocation hearing is 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 is removed from the community. Probation can be revoked when offenders fail to comply with the technical conditions of probation or commit new crimes Key Terms Diversion: the halting or suspension, before conviction, of formal criminal proceedings against a person, conditioned on some form of counterperformance by the defendant Counterperformance: the defendant’s participation, in exchange for diversion, in a treatment, counseling, or educational program aimed at changing his or her behavior Victimless crime: an offense committed against the social values and interests represented in and protected by the criminal law, and in which parties willingly participate 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 Conditional diversion: diversion in which charges are dismissed if the defendant satisfactorily completes treatment, counseling, or other programs ordered by the justice system 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 Recidivism: the repetition of criminal behavior; generally defined as rearrest. It is the primary outcome measure for probation as it is for all corrections programs Case investigation: the first major role of probation officers, consisting of interviewing the defendant and preparing the presentence report Supervision: the second major role of probation officers, consisting of resource mediation, surveillance, and enforcement 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 Revocation: the formal termination of an offender’s conditional freedom Technical violation: a failure to comply with the conditions of probation Absconding: fleeing without permission of the jurisdiction in which the offender is required to sty New offense violation: the arrest and prosecution for the commission of a new crime
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