Probation In America Flashcards
(37 cards)
Define Probation
A conditional sentence that diverts offenders from jail or prison, allowing the individual to remain in the community in exchange for following a set of conditions
Functions of Probation
-Provides a means to divert offenders from prison
.Still maintains oversight
-Probation can refer to as a type of sentence or the agency that monitors the person
.While probation officers have a range of roles, in most agencies they monitor conditions, conduct assessments, and provide services to offenders under supervision
What was early probation designed for what
Originally designed to serve low risk offenders- those that can self correct with little support.
What two early forms of probation where there?
-1841 – one of the earliest documented examples of probation
-1878 – first in US, Judge Peter Oxenbridge Thacher of Boston, MA
Who is the father of Probation?
-John Augustus
What is the Philosophy of Probation
Developed to balance the harshness of the criminal justice system with an understanding of the person’s situation
Who argued for a more humanistic system?
-Cesare Beccaria (Classical School of Criminology)
-Argued that people are inherently good
Prior to the Revolutionary war offenders were seen as inherently evil, deserving punishment to “get right with god” what was the shift?
After the Civil War, shift to people being a product of societal ills, not individual evils
1st law for juvenile probation in Massachusetts
Juvenile probation was more appealing to many, given they were working with youth and not adults
In 2005, probation populations at an all-time high. How many people were on supervision?
4 Million
In 1901, what happened in New York?
1st statute authorizing probation for adult offenders in New York
Federal Probation
-Slower to be developed than at the state level
-Before 1916, federal judges often suspended sentences but there was no legal mechanism to offer supervision
What happened with Killits Decision (Ex Part United States 242, 1916)
-Stated that federal judges could not constitutionally suspend a sentence indefinitely.
.Cannot interfere with the legislative and executive authority fixed by the Constitution
-Bill signed into law for federal probation system on March 4th, 1925 by President Coolidge
Adults in probation: Which is the most offense commonly committed?
-Property offense
What are the 3 Objectives of Probation
- Reduce Reoffending
- Protect the community from further criminal behavior
- Provide probation conditions necessary to change offenders and achieve the other two objectives
What are some advantages of Probation?
-Least restrictive intervention
-Keeps families intact
-savings over prisons
-Improved outcomes over prison and jail
-Avoidance of imprisonment
-Selective incapacitation
What 6 possible outcomes are there for Negotiating between prosecutor and defense attorney prior to sentencing
- Plead to a lesser crime
- Frequency of the crime that will be pleaded guilty
- Number of charges dropped
- Either probation or incarceration
- length of incarceration
- Sentence to be either consecutive or concurrent
What is a Pre-Sentence Investigation
-A Pre-Sentence Investigation (PSI) is written review or assessment of the crime and the offender’s situation
.Used in most jurisdictions and are often completed by probation officers
-Judges often follow the recommendations of the probation officer
When are PSIs used?
-Often used when there is a disagreement between the defense attorney and prosecutor
.The disagreement is often whether or not to offer probation versus prison or the length of sentence
What does the PSI include?
-Includes information about the current offense, victim statement, previous probation and technical violations, employment history, and information on family and friends
-Also Allows judges to understand the factors associated with the offender
Why does recommendation of probation/prison important?
Latessa (1993) found that judges followed the recommendation of the probation officer in 86% of the cases in which probation was recommended and 66% when prison was recommended
What are the 5 distinct purposes of the PSI?
- Aiding the court in determining the sentence
- Determining the length of sentence
- Assisting correctional authorities in classification and treatment in release planning
- Giving the parole board useful information
- Aiding the probation officer in rehabilitation efforts during probation
What should PSI reports be doing?
-Should summarize succinctly the pertinent information
-Summary data with 5 to 6 primary points appears to the most effective in helping judges make decisions
PSI Evaluation and recommendations
-In making recommendations, probation officers should consider:
The offense
Pattern of behavior?
Weapon?
Motive?
-Protection of the community
-Any special problems or needs of the offender
