Intro to Criminal Justice Chapter 10 Vocab & Notes
Intro to Criminal Justice Chapter 10 Vocab & Notes CCJ 2020
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This 10 page Class Notes was uploaded by Ryan Desjardins on Wednesday March 23, 2016. The Class Notes belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 31 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
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Date Created: 03/23/16
Chapter 10 Vocab & Notes Vocab 1. Probation-A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court (in the person of a probation officer), subject to certain conditions for a specified time. 2. Judicial Reprieve- The common law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior. 3. Recognizance-The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior. 4. Sureties- During the Middle Ages, people responsible for the behavior of an offender released before trial. 5. Probation Rules- Conditions or restrictions mandated by the court that must be obeyed by a probationer. 6. Revocation- An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer. 7. Suspended Sentence- A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated. 8. Presentence Investigation- An investigation performed by a probation officer attached to a trial court after the conviction of a defendant. 9. Intake- The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings; also, the process in which a juvenile referral is received and a decision is made to file a petition in the juvenile court, release the juvenile, or refer the juvenile elsewhere. 10. Risk Classification- Classifying probationers so that they may receive an appropriate level of treatment and control. 11. Motivational Interviewing- A technique that increases the probationers' awareness of their potential problems by asking them to visualize a better future and learn strategies to reach their goals. 12. Day Fees- A program requiring probationers to pay some of the costs of their treatment. 13. Intermediate Sanctions- Punishments that fall between probation and prison ("probation plus"). Community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration. 14. Fine- A money payment levied on offenders to compensate society for their misdeeds. 15. Day Fine- A fine geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process. 16. Forfeiture- The seizure of personal property by the state as a civil or criminal penalty. 17. Zero Tolerance- The practice of seizing all instrumentalities of a crime, including homes, boats, and cars. It is an extreme example of the law of forfeiture. 18. Restitution- A condition of probation in which the offender repays society or the victim of crime for the trouble and expense the offender caused. 19. Monetary Restitution- A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out of pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs. 20. Community Service Restitution- An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence. 21. Shock Probation- A sentence in which offenders serve a short prison term before they begin probation to impress them with the pains of imprisonment. 22. Split Sentence- A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community. 23. Intensive Probation Supervision (IPS)- A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis. 24. House Arrest- A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own home-such as from 5 pm Friday until 8 am Monday. 25. Electronic Monitoring (EM)- Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court ordered limitations on their freedom. 26. Residential Community Corrections (RCC)- A nonsecure facility, located in the community, that houses probationers who need a more secure environment. Typically, residents are free during the day to go to work, school, or treatment, and they return in the evening for counseling sessions and meals. 27. Day Reporting Center (DRC)- A nonresidential community based treatment program. 28. Restorative Justice- A view of criminal justice that advocates peaceful solutions and mediation rather than coercive punishments. 29. Sentencing Circle- A type of sentencing in which victims, family members, community members, and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community. PowerPoint Notes Probation and Parole Notes Community Sentencing "use of a variety of officially ordered program based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence" Composed of probation, parole, and intermediate sanctions (sanctions means punishment) Probation Suspension of imprisonment It is a court ordered sanction*** Goal of probation is the maintain control of criminals while they're still involved in the community to help rehabilitate them History of Probation Medieval Times o Judicial Reprieve (common law practice allowing judges to suspend sentences so that offenders could seek a pardon, gather new evidence, or prove they have changed their ways) o Recognizance (form of bail bond allowing convicted offenders to go unpunished if they agree to refrain from further criminal activity) o Sureties (says another person is responsible for the behavior of offenders before they get convicted) In 14 Century England, courts established the practice of 'binding over for good behavior' o This means the offender could be entrusted into the custody of willing citizens John Augustus- the Father of Corrections o From Boston o Used his own money to watch over certain groups of offenders instead of giving them jail time o In 1878, the city of Boston hired its first probation officer Probation Today Probation is the most common form of criminal sentencing About 2,000 probation agencies in the United States The Extent of Probation BJS Statistics show that it's not just minor offenses, offenders convicted of homicide, sex offenders, robber's, and aggravated assault were placed on probation Probation Conditions Awarding probation must include a contract between the offender and the court and offender must agree to abide by court mandated conditions (failure to oblige leads to probation revocation, meaning the court takes away your status as being on probation). Types of probation sentences include... 1. Direct sentence to probation 2. Suspended Sentence 3. Split Sentence 4. Other Two Conditions of Probation.... 1. General a. Applies to all probationers b. Probationers are required to pay a fine to the court which is designated to reimburse victims for damages and to pay lawyers fee's and other court costs 2. Specific a. Tailored to a specific individual b. Mandated by a judge who feels that the probationer is in need or particular guidance or control, usually depends on the nature of the offense. Ex: If you got a DUI, your license is removed. Elements of Probation Preforms 5 primary tasks 1. Pre-sentence Investigation (If the offender is a good fit for probation) 2. Intake (probation officer makes initial appearance) 3. Diagnosis/Risk Classification (Reevaluate the offender and determine the amount of risk that they will reoffend, this helps determine what kind of treatment and amount of supervision the offender needs) 4. Supervision 5. Treatment (services given to the offender in the community to deter them from reoffending) Legal Rights Civil Rights o Minnesota v. Murphy (the relationship between the probationer and the officer is NOT confidential and can be used against them in a court of law) o Griffin v. Wisconsin (probationers home may be searched without a warrant) o Pennsylvania Board of Probation and Parole v. Scott (exclusionary rule does not apply to parole officers) o United States v. Knights (probationers home may be searched without a warrant for the purpose of collecting evidence for a crime IF the search is based on reasonable suspicion and if the search was originally part of the court order) Revocation Rights o Rights when revoking an offenders parole o Escoe v. Zerbst (probation comes as an active grace, don’t need a hearing) o Mempa v. Rhey (Entitled to council during the revocation process) o Morrissey v. Brewer (Has to be a hearing to determine probable cause exists for a revocation hearing) o Gagnon v. Scarpelli (a judge may deny a probationer access to an attorney/council if a case does not result in an actual revocation) o Beardon v. Georgia (Judge can't revoke probation if they don’t pay fines) o US v. Granderson (a revoked probationer can't be given a longer sentence than the original suspended sentence How Successful is Probation? 60% are successful Most probation is revoked because of a technical violation, not a new offense, within the first 3 months If a probationer is married with children, adequately employed, and or educated they're most likely to succeed with probation. Parole Purpose of parole is to return offenders gradually to productive lives The supervised early release of inmates from correctional confinement Parole acts as a stimulus for positive behavioral change Probation vs. Parole Probationers avoid serving time in prison/jail when people on parole have already served time. Parole Decision-Making Mechanisms 1. Parole Boards 2. Mandatory Parole/Statutory Decrees a. Discretionary Release 3. Medical Parole (serious physical or mental health issues cause offenders to be released early) Parole Violations Parolee does not conform to the conditions of their parole which leads to parole revocation Advantages of Probation and Parole 1. Lower cost than incarceration 2. Increased Employment because they can stay in jobs 3. Offenders still able to contribute to the 'free economy' 4. Restitution 5. Community Support-they're still able to keep relationships with family and friends 6. Increased Use of Community Services 7. Increase Opportunity for Rehabilitation Disadvantages of Probation and Parole 1. Relative Lack of Punishment 2. Poses a risk to the community letting offenders back into the community 3. Increased social costs (unemployment, living off other people's taxes) Intermediate Sanctions and Restorative Justice Notes Intermediate Sanctions The use of several community based correctional sanctions in lieu of other more traditional sanctions, such as imprisonment and fines The philosophy behind intermediate sanction is when judges are offered well-planned alternative to imprisonment for offenders who appear to represent little or no continuing threat to the community, the likelihood of a prison sentence is reduced Tailored to the individual offender and the community he/she lives in Three Distinct Advantages of I.S. 4. Less expensive to operate per offender than imprisonment 5. They are 'socially cost effective' 6. They provide flexibility in terms of... 7. Resources 8. Time of Involvement 9. Place of Service Types of Indeterminate Sanctions 10.Split Sentencing- Explicitly requires the convicted offender to serve a period of confinement in a facility, followed by a period of probation 11.Shock Probation- Resembles split sentencing, offender serves a relatively short period of time in custody (PRISON RATHER THAN JAIL) and is release on probation by court order.***Difference between these two is that shock probation clients ust apply for probationary release from confinement and cannot be certain of the judges decision. Thus if probationary release is ordered it may well come as a 'shock' to the offender.*** 12.Shock Parole- An administrative decisions ordered by a paroling authority. Parole boards or their reps may order an inmates early release, hoping that the brief exposure to prison has reoriented the offender's life in a positive direction. 13.Shock Incarceration- a sentencing option that makes use of 'boot camp' type prisons to impress on convicted offenders the realities of prison life. It provides highly well ordered environments involving strict discipline, physical training, and hard labor. Usually made for younger, first time offenders. ***Has a very insignificant effect*** 14.Mixed Sentencing- Requires that convicted offenders serve weekends in a confinement facility (usually a jail) while undergoing probationary supervision in the community. 15.Community Service- An alternative that requires offenders to spend at least part of their time working for a community agency. Are usually minor criminals, drunk drivers, and youthful offenders. 16.IPS- Intensive Probation Supervision. A form of probation supervision involving frequent face to face contact. "The strictest form of probation for adults in the US". Designed to achieve control in a community setting over offenders who would otherwise go to prison. IPS caseloads are much lower than the national average of probation caseloads. 17.Home Confinement- aka house arrest, a sentence imposed by the court in which offenders are legally ordered to remain confined to their own residences. Usually makes use of a system of remote location monitoring (ankle bracelets). Restorative Justice "If crime is a wound, justice should be healing" -Howard Zehr The concept of restoration believes the justice policy should repair the harm caused by crime. Restorative Justice is a view of criminal justice that focuses on crime as an act against a community rather than the state. Justice should involve all parties affected by the crime-victims, criminals, law enforcement, and the community Restoration Programs Recognition by offenders that they have caused injury and their acceptance of responsibility. ***CORE CONCEPT OF RESTORATIVE JUSTICE*** Commitment to both material reparation and symbolic reparation. Determination of community support and assistance for the victim and the offender R.J. Requires a Paradigm Shift Retributive Justice Asks: 18.What rule was broken? 19.Who broke it? 20.What punishment is warranted? Restorative Justice Asks: 21.Who was harmed? 22.What are the needs and responsibilities of those affected? 23.How do all affected parties together address needs and repair harm? Where RJ Dialogue fits in the Justice System 24.Diversion 25.Pretrial or Pre Adjudication 26.Probation 27.Prison or Confinement 28.Parole and Re-Entry
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