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Chapter 12

Probation and Parole. Chapter 12. Probation. Court ordered Suspended Sentence 59% of convicted criminals are on probation. Abide by conditions General – applies to all probationers Specific – applies to one specific probationer. Probation History.

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Chapter 12

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  1. Probation and Parole Chapter 12

  2. Probation • Court ordered • Suspended Sentence • 59% of convicted criminals are on probation. • Abide by conditions • General – applies to all probationers • Specific – applies to one specific probationer

  3. Probation History • English courts began the practice of “binding over for good behavior.” • Offenders were placed in the custody of willing citizens. • John Augustus – • Boston shoemaker who observed court proceedings and volunteered to take home drunkards. • He was considered the world’s first probation officer. • By the time Augustus passed away, he had supervised over 2,000 offenders.

  4. Probation Statistics • 4.2 million men and women were on federal state or local probation at the end of 2005. • 23% of probationers are women • On average about 60% successfully complete probation • Year end 2005 Tennessee had 49,300 people on probation.

  5. Probation statistics • PERCENTAGE OF PEOPLE ON PROB. BY CRIME • 5% of people convicted of homicide • 21% of convicted sex offenders • 12% of convicted robbers • 30% of those convicted of aggravated assault. (Mote shot fiance in chest for canceling their wedding)

  6. Probation Conditions • General conditions • Maintain employment • Obey laws • No guns • Stay within the state/county • Pay fine • Home visits from probation officer

  7. Probation Conditions • Specific Conditions • Surrender driver’s license • Be subject to blood, urine, breath tests • Community service • GED • No contact with co-defendants/ victims

  8. Parole • A convicted offender is conditionally released from prison before his/her sentence expires. • Parole Board decides. • Discretionary • May be returned to prison if they violate the terms of their parole

  9. Parole Conditions • Similar to Probation conditions • Don’t leave the state • Report to parole officer • Employment • Surprise visits from parole officer • Pay restitution

  10. Parole statistics • At year end 2005, nearly 784,400 people were on parole. • 94% of those on parole had a sentence > 1 year • Women are 12% of parolees • 45% successfully complete parole, 38% return to jail/prison 11% abscond (run-off).

  11. Searches of Probationers • Griffin v. Wisconsin • Probation officers can search a probationers home without a warrant or probable cause. – probation is a form of imprisonment. • Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

  12. Searches of Probationers • Pennsylvania Board of Prob. And Parole v. Scott • Exclusionary rule doesn’t apply to parole officer searches.

  13. Searches of Probationers/Parolees • U.S. v. Knights • Search of a probationers home by police officers on reasonable suspicion does not violate the 4th Amendment.

  14. Probation Revocation • If someone violates the terms and conditions of his/her probation he or she can be ordered to serve the original sentence • Probation violation hearing in front of the judge. • Plea bargain.

  15. Parole Revocation • Don’t abide by the conditions. • Most common: • Failure to report • Failure to participate in rehabilitation program • Alcohol/drug abuse • Revocation hearing in front of the paroling authority. • Serve out the remainder of the sentence.

  16. Revocation Hearings • Mempa v. Rhay(1967) • U.S. Supreme Court held that in probation revocation decisions both notice and a fair hearing are required and probationer must have the opportunity to be represented by counsel.

  17. Revocation Hearings Gagnon v. Scarpelli • U.S. Supreme Court held that probationers are entitled to two hearings: • A preliminary hearing to determine whether or not the probationer should remain in jail. • A more comprehensive hearing prior to the final decision about revocation.

  18. Parole Revocation hearings Morrissey v. Brewer • Right to notice of violation • Evidence disclosed • Neutral and detached hearing body • Chance to appear and offer a defense • Cross examine witnesses • Written decision • ** right to attorney if indigent.**

  19. Advantages to probation/parole • Lower cost • Increased employment • Restitution • Community support – family support • Reduced risk of criminal socialization – prisons • Increased use of community services - counseling • Increased opportunity for rehabilitation

  20. Disadvantages of Probation and Parole • Lack of punishment • Increased risk to the community • Increased social costs – child support, welfare, health care, etc.

  21. ProbationQuestions • 5% of murderers and 21% of sexual offenders are sentenced to probation.. • Should murderers or sexual offenders be sentenced to probation? • Would there be any crimes for which you would exclude probation as a sentencing option? • Why???

  22. Questions • Do communities have the right to be informed when ex-convicts are released? • What competing rights must parole boards weigh? • Whose rights or needs should be given the greatest consideration? • Should parole boards have immunity for “bad decisions?”

  23. Parole??? • Parole is used to reduce overcrowding… • Should parole be eliminated? • Are there other mechanisms states can use to reduce prison populations? What are they??

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