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HISTORY of PROBATION & ALTERNATIVES

HISTORY of PROBATION & ALTERNATIVES. Kevin Winter Nov. 14, 2011. The History of Community Sentencing. Traced to the Middle Ages Judicial reprieve (suspended punishment) Recognizance (refrain from further bad behavior) John Augustus (originator). Probation Today.

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HISTORY of PROBATION & ALTERNATIVES

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  1. HISTORY of PROBATION & ALTERNATIVES Kevin Winter Nov. 14, 2011

  2. The History of Community Sentencing • Traced to the Middle Ages • Judicial reprieve (suspended punishment) • Recognizance (refrain from further bad behavior) • John Augustus (originator)

  3. Probation Today • Criminal sentence that suspends or delays a correctional term • Subject to rules and conditions • Supervised by a probation officer

  4. Annual Probation Population and Entries to Population Yearend 4,000,000 3,000,000 Annual entries Number of probationers 2,000,000 1,000,000 0 1995 1999 2003 2006 Year

  5. Philosophy of Probation • The average offender is not actually dangerous • Institutionalization prohibits successful adjustments of behavior once returned to society • Even dangerous offenders can be rehabilitated in the community given the proper balance of supervision, treatment, and control • It is cheaper than imprisonment

  6. Awarding Probation • Subject to a set of rules or conditions mandated by the court • Violation of these conditions may result in revocation of probation requiring the original sentence to be served • Technical violations are the major cause of revocations

  7. How Successful is Probation? • Most commonly used alternative sentence • Less expensive than incarceration • About 40 percent fail on probation – most for technical violations of rules

  8. Punishment Ladder Death penalty Prison Split sentencing Residential community center Electronic monitoring House arrest Intensive probation Restitution Probation Forfeiture Fines Pretrial release Restorative justice

  9. Fines • Used more often in lesser offenses or when financial profits were high • May discriminate against the poor • Many go uncollected • Day fines – make the fine fit the offender’s income Back

  10. Forfeiture • Used in civil and criminal cases • Civil forfeiture can be done without probable cause or any proof of a crime • Racketeer Influenced and Corrupt Organization Act (RICO) • Zero tolerance Back

  11. Restitution • Monetary restitution or community service restitution • Benefits the victim, the offender, and the community • Most restitution clients successfully complete and do not recidivate Back

  12. Shock Probation and Split Sentencing • Shock probation - offenders serve a short prison term before they begin probation • Split sentence - spend a portion of their sentence behind bars and the remainder in the community • Disagreement over whether these sanctions are useful Back

  13. House Arrest • Offender required to spend extended periods of time at home as an alternative to incarceration • Little standardization throughout U.S. • No definitive data indicating effectiveness Back

  14. Probation Sanctions

  15. Revoked Probation

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