CJA 1100 Lecture 7: Chapter 12 - Probation and Community Corrections

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31 May 2016
Chapter 12 - Probation and Community Corrections
Chapter 12 - Probation and Community Corrections
The Justification for Community Corrections
o“A goal of corrections that focuses on preparing the offender for a return to the
community unmarred by further criminal behavior”
o“A strategy to divert those offenders who qualify away from prison and jail and
toward community-based and intermediate sanctions”
Community-based corrections is an important step in diverting criminals to alternative
modes of punishment in order to ensure that scarce incarceration resources are consumed
only by the most dangerous criminals. Less serious offenders are “strained” out (or
diverted) from incarceration.
Probation: Doing Time in the Community
Probation can be defined as:
o“… the legal status of an offender who, after being convicted of a crime, has been
directed by the sentencing court to remain in the community under the supervision
of a probation service for a designated period of time and subject to certain
conditions imposed by the court or by the law.”
Based on the premise that the average offender is not a danger to society
Use of it eliminates the negative effects of the prisonization process (socialization into
prison life)
It is the most common form of punishment in the United States
Probation is basically an agreement between sentencing authorities and the offender.
In traditional probation, the offender agrees to follow certain terms for a specified amount
of time in return for serving the sentence in the community.
Judges can also combine probation with incarceration, including sentencing arrangements
such as:
oSplit sentences
oShock incarceration
oIntermittent incarceration
Offenders are most likely to be denied probation if they:
oAre convicted on multiple charges
oWere on probation or parole at the time of the arrest
oHave two or more prior convictions
oAre addicted to narcotics
oSeriously injured the victim of the crime
oUsed a weapon during the commission of the crime
The conditions placed on a probationer fall into three general categories:
oStandard Conditions
Imposed on all probationers
oPunitive Conditions
Usually reflect the seriousness of the offense and are intended to increase
the punishment of the offender
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