Probation and Parole

Diversion – alternative to a trial (boot camp, therapy), we see this in the juvenile system. Probation – sentenced but conditionally released prior to serving (with supervision) Parole – after serving partial sentence, conditional release (with supervision)

Other Forms Mandatory Release – entire length of sentence = released without supervision Good-time credit – early release for earned good behavior This is done to encourage inmates to follow prison rules. (Incentive)

Pardon (clemency) – Executive forgiveness of a conviction Pardon (clemency) – Executive forgiveness of a conviction. (governor/president) Commutation – executive forgiveness, reducing the severity of the punishment. (Death penalty changed to life in prison)

Should a President be able to supersede the criminal justice system?

Why Probation? No risk to community 1st time, non-violent offenders Able to work and give back to the community Less apt to commit another crime

Who gets probation? The judge must conclude that… Prison term is inappropriate Community would not be at risk from their release The offender can support himself on the outside The offender will not commit another crime

Probation cont… Advantages – cheaper, promotes rehab, not a tax burden, pay taxes themselves, help retain social support groups (family), supervised after release Risks – could commit another crime, pain and suffering of the victims

Supervision of those on Probation

Probation Revoked Test positive for drugs Possession of a weapon Technical Violation – parole violation Test positive for drugs Possession of a weapon Commit another crime Lose employment Fail to complete treatment program *Decision made by probation officer*

Parole

Parole Hearing Parole Board Decides Brief, private, held in prison 1st hearing set after serving 1/3 of sentence Board reviews history + information Inmate states his/her case + submits a parole plan (job, education, housing)

Some states allow witnesses for the inmate Inmate statement - why ready for parole, how prepared for release, how rehabilitated, why they’re sorry Some states allow witnesses for the inmate Victims are notified and may testify They can write a victim impact statement Hearings last a few minutes; inmates are notified in writing

Victim Impact Statement Read the “Guide for writing victim impact statements”. You will be writing a V.I.S. using fictitious details. Use the guide to understand what makes for a good impact statement. You will share this with the class and they will be assessed as a Level 2.

Parole Granted and Revoked Granted: rely on feelings common sense, and community expectations Why? – overcrowding, release w/supervision Decision-making aids: probability scales Revoked: violate conditions of parole or has potential to commit new crime

Parole Only 42% of parolees successfully complete parole High level of recidivism (repeat criminal behavior)