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19 Cards in this Set
- Front
- Back
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Community Sentences
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There are now a variety of community sentences ranging from traditional probation to house arrest and placement in community correctional centers.
Community sentences can be structured to maximize security and maintain public safety. Community sentences can be scaled in severity to correspond to the seriousness of the crime |
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Difference between probation and parole
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Probation is a sentence, an alternative to incarceration. John Augustus is credited with originating the concept of probation
Parole is administrative release from incarceration |
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The roots of community sentences....
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....can be traced to the traditions of the English common law. DUring the MIddle ages, judges wishing to spare deserving offenders from the pains of punishment granted clemency and stays of execution.
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Judicial Reprieve
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the common law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.
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Revocation
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Administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation in response to a violation on the part of the parolee or probationer.
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How many people are currently on probation?
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4 million people
NOTE: Probationary sentences may be granted by state and federal district courts and state superior (felony) courts |
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Suspended Sentence
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A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated.
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Chief Probation Officer (CPO)
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Sets policy, supervises hiring, determines training needs, and may personally discuss or recommend sentencing to judge
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Staff officers in probation departments are usually charged with 5 primary tasks. What are they?
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R.I.T.I.D
(1) Investigation: the supervising probation officer accumulates important info on the background and acitivites of the offender being considered for probation. This presentence investigation serves as the basis for sentencing. (2) Intake: the process in which a probation officer settles cases at the initial appearance (3) Diagnosis:goal is to develop a personality profile that may be helpful in treating the offender (4) Treatment Supervision: a program of therapy desinged to help the client deal with the problems that resulted in her or his antisocial behavior. (5) RIsk classification: classifying probationers so that they may receive an appropriate level of treatment and control |
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Supreme Court rule about probationers unique status
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The Court has rule that probationers have unique status and therefore are entitled to fewer constitutional protections than other citizens. Example, their homes may be searched without a search warrant.
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Whats the percentage of probationers that successfully complete their tsentence?
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60% successfully complete thier sentence while 40% are rearrested.
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Intermediate sanctions
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the group of punishments falling between probation and prison ("probation plus"). Intermediate sanctions include programs that are usually adminstered by probation departments: intensive probation supervision house arrest, electronic monitoring, restitution orders, shock probation or split senences
Shock probation and split sentences are alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life |
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Fines
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Monetary payments imposed on offenders as an intermediate punishment for their criminal acts
Another intermediate sanction with a financial basis is criminal (in personam) and civil (in rem) forfeiture, the seizure of personal property |
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Restitution
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A condition of probation in which the offender repays society or the vicim of crime for the trouble the offender caused .Restitution can take the form of requiring offenders either to pay back the victims of crime (monetary restitution) or serve the community to compensate for their criminal act (community service restitution)
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Shock probation
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a sentence in which offenders serve a shot prison term before they begin probation, to impress them with the pains of imprisonment
Some states have linked the short prison stay with a boot camp experience, referred to as shock incarceration |
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Split sentence
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A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remain in the community
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Residential community corrections (RCC)
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The most secure intermediate sanciton.
RCC is a nonsecure facility, located in the community, that houses probationers who need a more secure environment |
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Restorative Jusice
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A view of criminal justice that focuses on crime as an act against hte community rather than the state. Justice should be based on restoring the damage caused by crime and it should involve all parties affected by crime.
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Concerns about Restorative Justice
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ONe issue is whether programs reach out to all members of the community. Restorative justice programs must be wary of cultural and social differences.
The greatest challenge to restorative justice is the difficult task of balancing the needs of offenders with those of their victims |