Components of Criminal Justice: Probation and Parole

1. Chapter 1 Criminal Justice System Components: Locating Probation and Parole

2. Criminal Justice System Components: Locating Probation and Parole • The criminal justice system consists of law enforcement, the courts, and corrections • Personnel who work in probation, parole, and community corrections are heavily involved in offender supervision and operate programs designed to rehabilitate or reintegrate offender-clients • These personnel are also expected to supervise and assist clients with the purpose of making them law-abiding citizens

3. Criminal Justice System Components: Locating Probation and Parole • Probation officers and parole officers often fail to achieve these personal and departmental objectives • The reasons their clients fail, however, are often beyond their direct control

4. An Overview of the Criminal Justice System • Entry into the criminal justice system begins with the commission of a crime, followed by an arrest • If there are successful prosecutions of defendants by prosecutors, they will be found guilty and sentenced by judges

5. An Overview of the Criminal Justice System • Probation is a sentencing option imposed by judges in lieu of incarceration • Probationers are allowed to remain free in the community but must adhere to certain probation conditions for a period of time • Parole, on the other hand, is an early release from prison or jail permitting convicted offenders back into the community again with restrictions and conditions

6. An Overview of the Criminal Justice System • Regardless of whether an offender is on probation or parole, there are certain program conditions that must be obeyed…If not, probation or parole can be revoked • A parole revocation means that parolees may be returned to prison for some or all of the remainder of their original sentences • A probation revocation may also mean incarceration, or it can mean a more intensive form of supervision by probation officials

7. Probation Officers and Parole Officers (POs) • Enforcing the conditions of probation and parole are probation and parole officers, often referred to as POs • Offenders are required to report to their PO regularly and to comply with rules and regulations • POs often collaborate with community agencies that provide special services for offenders

8. Probation Officers and Parole Officers (POs) • Depending on the jurisdiction, POs may be assigned to supervise: • (1) adult probationers and/or parolees • (2) juvenile probationers and/or parolees and/or • (3) offenders with special needs • POs therefore perform many duties, but their primary responsibility is the management and supervision of nonincarcerated offenders

9. All Probationers and Parolees Are a Part of Corrections • Corrections is the aggregate of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses • Some offenders may receive treatment for their needs or problems in a jail or prison

10. All Probationers and Parolees Are a Part of Corrections • More often than not, inmates are influenced by those they associate with while they are confined • These association may not be positive or therapeutic • The criminogenic environment of prisons and jails and social interactions with other inmates often leads to and explains probation and parole program failures

11. Types of Offenses Felonies • Major crime that carries a potentially severe penalty of one or more years in prison or jail and fines • Usually statutory penalties are associated with all felonies and include both fines and/or incarceration in a state or federal prison • Includes arson, murder, rape, burglary, robbery, vehicular theft, and aggravated assault

12. Types of Offenses Misdemeanors • Minor or petty offenses that carries less severe penalties compared with felonies • May result in fines and/or incarceration for less than one year • A misdemeanant is someone who commits a misdemeanor • Includes making false financial statements, prostitution, shoplifting to name a few

13. Types of Offenses Violent crimes • Characterized by extreme physical force, including homicide, forcible rape, child sexual abuse, assault and battery by means of a dangerous weapon, robbery, and arson • Also referred to as crimes of violence or crimes against the person • Persons are directly involved as victims and affected emotionally and physically as a result of the crime

14. Types of Offenses Property crimes • Nonviolent offenses such as burglary, vehicular theft, embezzlement, fraud, forgery, and larceny • Although persons are victimized by such offenses, their lives and physical well being are not directly jeopardized by these offenses

15. Classifying Offenders Prisons and Jails • Officials use various classification schemes to determine the level of institutional custody for inmates: • Who should be isolated (Violent) • Mentally Ill • Suicide Risks • Escape Risks • Predators

16. Classifying Offenders Probation and Parole • PO’s have a vested interest in classifying offenders for the appropriate level of community supervision • Type of Criminal History • Mental or Physical Impairment • Personality Disorders • Alcohol or Drug Dependency • Treatment Needs

17. Traditional Offender Categorizations First offenders • Those offenders who commit one or more crimes but have no previous history of criminal behavior • No useful generalizations can be made other than they have no prior history of offending

18. Traditional Offender Categorizations Recidivists • Offenders who continue to commit new Crimes • Even after they have been apprehended, prosecuted, and incarcerated, these are the many offenders who continue their criminal activity when released

19. Traditional Offender Categorizations Career criminals • Offenders who earn their living from the crimes they commit • Career Criminal have reached a stage where they view crime as an occupation • Their criminal activity is a craft that requires expertise and special training • Many, however, are more bothersome than dangerous, thieves, burglars, vandals

20. Criminal Justice System Components Law enforcement • Arrest—taking a suspect into custody • Booking—administrative procedure to gather information on offenders for law enforcement officials • Bail—surety to procure the release of those under arrest to ensure they will appear to face charges in criminal court

21. Criminal Justice System Components Prosecutorial decision making • Prosecutions—examination of case by prosecutor to determine if enough evidence exists for prosecution: • Screening and prioritizing cases—determining which cases are most worthy of prosecution as well as which have the highest probability for conviction • Plea bargaining—preconviction agreement where the defendant pleads guilty in exchange for leniency or concessions

22. Criminal Justice System Components Courts and judges Judicial workloads—court calendars are full of cases in many jurisdictions Case processing—defendants are entitled to a jury trial as a matter of right in criminal proceedings, most convictions are obtained through a plea Sentencing—those defendants found guilty are sentenced by a judge, who has several options, including incarceration or probation

23. Criminal Justice System Components Corrections • Jail and prison overcrowding—frequently there is little room in prisons and jails • By 2006, 33 states were under court order to reduce their prison inmate populations

24. Criminal Justice System Components Corrections • Availability of community services—Most citizens equate criminal punishment with incarceration, despite the fact that a majority of offenders are never incarcerated • Depending on availability of community services, these offenders are allowed to remain in their communities doing community service, paying restitution, and attending educational or vocational training