Introduction to Criminal Justice

Introduction to Criminal Justice Chapter 11

The growth of Community Corrections • Not enough space in prisons to incarcerate all those convicted (even felonies) • Costs of incarceration have been astronomical ($25,000/yr./inmate) • More than 4 million adults on probation • One of every five on probation for a violent felony crime

Reintegration of the Offender into the Community • Reintegration: Achieved when the offender is no longer a danger to the community • Building ties between the offender and the community • Reintegrating offender into community life • Restoring family ties • Obtaining employment and education • Constantly balancing rights of offender vs. rights of law abiding citizens

Diversion From the System • Definition: Directing those offenders who qualify for jail or prison to community based and intermediate sanctions • Saves resources and prison space • Avoids labeling minor offender as “criminal” • Only most serious offenders are incarcerated

Question??? • Should we be attempting to keep people out of prison? • Or should we just continue to build more prisons and incarcerate more people?

Probation– Most Common Form of Punishment in U.S. • More humane and less costly than imprisonment • Offender remains in community under supervision of probation officer • Must abide by rules or “conditions of probation” • If conditions are violated, can be revoked and sentenced to jail or prison

Types of Alternative Sanctions • Suspended sentence: Offender is convicted and sentenced, but is not ordered to begin serving the term immediately • No conditions or supervision requirements are placed on offender • He may remain living in community • Judges keeps open option of revoking suspended sentence and ordering offender to prison, if circumstances require due to behavior

Types of Alternative Sentences • Split sentence probation: offender is sentenced to specific amount of time in prison or jail followed by probation (nearly 30% of felons) • Shock incarceration: offender sentenced to prison with understanding he may petition court to be released early on probation (not much shock) • Intermittent confinement: spends a certain amount of time each week in jail (usually weekends)

Most Likely to be Denied Probation: • If convicted on multiple charges • Were on probation or parole at time of arrest • Have two or more prior convictions • Are addicted to narcotics • Seriously injured the victim • Used a weapon • Most important factor– seriousness of the offense

Conditions of Probation • Ordered by the judge, recommended by the probation officer • If not followed, probation may be revoked • Serve dual purposes of probation: • Rehabilitation of offender • Protection of community • Often involve probationer giving up some constitutional rights (home searches)

Types of Conditions • Standard conditions: For all probationers, include: • Reporting (personal and in writing) • Not traveling without permission • Remaining employed • Reporting changes of address • Not possess a firearm (felons)

Special Conditions • Drug or alcohol testing and treatment (most common) • Mental health treatment • Anger management treatment • Attendance in school or training • Not to engage in certain employment • No gang affiliation • No gambling

Punitive Sanctions • Fine • Community service • Restitution • Home confinement • Community correctional facility

Role of Probation Officer • Performs presentence investigation reports (PSIR’s) for the court to assist in sentencing • Supervises offenders in community on probation, parole or supervised release • Officer of the court • Helper, counselor, service broker • Important to establish trusting relationship • Must exercise authority if violations occur

Violations of Probation • Technical violation: although not a criminal act, a condition of probation is not complied with • “Judgment call” for probation officer as to whether to request revocation • Often will seek revocation if offender represents threat to the community • Law violation: a new criminal act committed by a person on probation or parole

Revocations of Probation • Recent trend since 2004 for a larger number of revocations • Probationer have only “conditional liberty” – depends on their compliance with restrictions

Due Process Rights of Probation Violators • Right to counsel during any revocation proceeding (Mempa v Rhay) • Does not have usual rights under Miranda • Right to a 3-stage process in revocation– (Morrissey v. Brewer; Gagnon v. Scarpelli) • Preliminary hearing—Before neutral person to determine if probable cause • Revocation hearing– Probation officer presents evidence of violations; offender may present his own case as well

Due Process Rights of Probation Violators • Revocation sentencing (Disposition)– If court finds a violation, must decide whether to impose imprisonment

Issues • Should probation officers exercise discretion and “give probationers a break” on some minor violations, or should all violations result in some type of revocation or sanction? • What is the most important role of the probation officer? Helper or law enforcement official?

Effectiveness of Probation-- Challenges • Huge caseloads limit effectiveness of officers to provide full services • “Helper role” is first to be abandoned • Average caseload of 175 nationwide • Also difficult to adequately monitor compliance and enforce conditions

Effectiveness of Probation • Majority of probationers successfully complete their terms • Fewer persons were re-arrested who were granted probation than of those who were incarcerated (skewed) • Need more long-term studies, 3, 5, 10 years out • Persons on probation commit a larger number of subsequent crimes than controls

Intermediate Sanctions • Court has need for more sentencing options between probation and imprisonment • To better address the diversity of crime and criminals • Can match the punishment and treatment of the individual offender with a corrections program • A number of different, innovative programs proliferated in last 15 years

Intermediate Sanctions • Forfeiture: Process whereby the government seizes property used for or gained from criminal activity • Judge can order seizure of vehicles used in cocaine distribution • Pretrial diversion: Alternative to trial, offered by judge or prosecutor, whereby defendant participates in a program in exchange for dismissal of charge • Day reporting centers: Offender is allowed to remain in community, but must spend all or most of each day in reporting center

Intermediate Sanctions • Shock incarceration: Is no longer used as first intended– Has lost its “punch” • Idea is that offender will be so repulsed by prison, he will avoid future crime as to not re-enter custody (Surprised by release) • Idea came from old “Scared Straight” program in the 1970’s • Little lasting impact on recidivism

Intermediate Sanctions • Home confinement: offenders serve their terms of incarceration in their homes • Used by totalitarian regimes for years for political prisoners • Now more practical, as we can accurately monitor compliance electronically • Has assisted in removing some offenders from overcrowded jails

Home Confinement Includes: • Home detention– at home except for employment, education, treatment • Home incarceration– locked down in home, except for medical emergencies • Curfew– home during specific hours

Home Confinement Serves Several Goals of Intermediate Sanctions: • Protects the community • Save public funds and space in prisons • Meets the public expectations for just punishments • Recognizes the advantages of keeping the offender in the community (family ties, employment, pays taxes)

Question??? • Is home confinement adequate punishment? • Too comfortable?

Electronic Monitoring • Definition: offenders’ whereabouts are kept under surveillance by electronic devices, often used in conjunction with home confinement • Programmed contact: Offender is contacted periodically by telephone or beeper to verify his whereabouts, usually through voice or visual identification

Electronic Monitoring • Continuous signaling: a device worn on the ankle or wrist sends out continuous signals to a receiver-dialer located at the offender’s home. If the receiver does not get a signal, it informs a central computer and the probation officer is notified. (most popular format) • Satellite tracking (GPS): a satellite monitors the offenders’ movements and notifies the computer if he violates authorized boundaries

Are We “Widening the Net?” • Concern by some that we are imposing intermediate sanctions on people who would previously have only received straight probation • Not really reducing the jail or prison population • Increases rather than decreases the amount of control the state exerts over individuals • Also “strengthens” the net by increasing government’s power to intervene in lives of citizens

Drug Courts • Offenders charged with drug possession given option of participating in a court program requiring treatment and testing • If they complete the program, charges are dropped** • Diverts non-violent, drug dependent offenders from the system • Judge remains very active in case from start to finish • Recidivism rates have been lower than non-participants (skewed)

Introduction to Criminal Justice