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CJ 110 (8)

Chapter 10 (Class).odt

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Criminal Justice
CJ 110

Chapter 10 (Class) • Probation: one aspect of community corrections, is “Asentence served while under supervision in the community” • Like other sentencing options, probation is a court-ordered sanction, and its goal is to retain some control over criminal offenders while using community programs to help rehabilitate them. • Probation is a sentence of imprisonment that is suspended by a judge ◦ Most common form of sentencing in the US • Federal Probation System ◦ In 1916 in the Killets case, 15 the US supreme Court ruled that federal judges did not have the authority to suspend sentences and to order probation ◦ The Federal probation system, known as the US Probation and Pretrial Services System, is is approximately 8o years old. ◦ After a vigorous campaign by the National probationAssociation, Congress passed the National Probation Act in 1925, authorizing the use of probation in federal courts. • JohnAugustus: “Father of Probation” (1841) ◦ Started the concept of probation in Boston ◦ Worlds first probation officer ◦ Volunteered his time ◦ Would take selected offenders into his home as an alternative to imprisonment ◦ Supervised more than 2000 subjects in his time ◦ Boston was the first city to hire a probation officer • Extent of probation ◦ Most commonly used criminal sentence in US ◦ Michigan has approximately 150,000 probationers • Can a convicted murderer be placed on probation? ◦ Yes but not for First Degree Murder in Michigan • If you were a judge, who would you place on probation? • BJS: The following were placed on probation: (2001) ◦ 5% of convicted murders ◦ 21% of convicted sex offenders ◦ 12% of convicted robbers ◦ 30% of those convicted of aggravated assault • Probation: ◦ 20-60% of guilty individuals placed on probation ◦ 1980, over 1000000 people were on probationers ◦ In 2002, over 3,900,000 people were on probationers ◦ As of 1/1/2001, 59% of those under Correctional Supervision were on probation ◦ • General Conditions ◦ Obey laws ◦ Maintain employment ◦ Remain within jurisdictionalAllow probation officer to visit home or work place ◦ Pay court ordered fines • Depending on the case, a judge may ass some or all of these specific conditions: ◦ Surrender drivers license ◦ Submit to a warrantless searches ◦ Not use or possess or control any illegal drugs ◦ Supply breath, urine, or blood specimens ◦ Successfully pass GED testifyingNot socialize with certain people ◦ Participate in treatment programs • 59% of individuals on probation complete successfully • Parole: ◦ 1876 first used at Elmira Reformatory, New York ◦ Used extensively in late 1800's ◦ The status of an offender conditionally released from prison by a paroling authority prior to the completion of prison sentence ◦ Parole is reluctantly use today because it is viewed as being ineffective ▪ 49% complete parole ◦ Began in this country side at the Elmira Reformatory ◦ Parole promised deserving youthful offenders an early release for good behavior • Parole Conditions:
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