Copyright © 2015 Kathryn Morgan. All rights reserved.

Chapter 1 Probation, Parole and Community Corrections Copyright © 2015 Kathryn Morgan. All rights reserved.

Learning Objectives: 1. Outline the criminal justice system process. 2. Identify the purposes of corrections. 3. Summarize the strategies of community corrections. 4. Discuss major controversies in community corrections. Copyright © 2015 Kathryn Morgan. All rights reserved.

I.The Criminal Offender in the Criminal Justice System: Phases of Criminal Justice Processing A.Legislative Phase 1.Laws passed by state legislatures and the U.S. Congress have an important impact on Corrections especially through the sentencing system. 2.Sentencing laws affect the system, actions, and behaviors of judges and correctional administrators. 3.There are two main types of sentencing systems: a.Determinate sentencing - mandates that the sentence is fixed at the time of sentencing. Flat sentences and mandatory sentences are types of determinate sentences. b.Indeterminate sentencing - The sentence is not fixed but there is a minimum and maximum. There is flexibility at the time of release. Copyright © 2015 Kathryn Morgan. All rights reserved.

B. Entry into the System 1.Initial contact is made with the system when an act makes a person the subject of interest to law enforcement agencies. a.Police may observe a crime; police may be called to the scene of a crime or a victim may report a crime. b.Many crimes go undetected, unreported or police may not arrest a suspect. 2.Police make an arrest after investigation and sufficient evidence to identify the violator and justify an arrest. 3.Suspect is taken into custody, interrogated, photographed and fingerprinted. Copyright © 2015 Kathryn Morgan. All rights reserved.

C. Prosecution and Pre-Trial 1.After arrest, the prosecutor receives the case and evidence. Two decisions are made: a.if charges will be filed b.what charges will be filed. 2.Prosecutor may not prosecute a case for several reasons: a.insufficient evidence b.witness problems c.victim behavior and characteristics d.prosecution caseloads e.decision to try a more serious case pending against the suspect Copyright © 2015 Kathryn Morgan. All rights reserved.

3.A grand jury determines if there is enough evidence to justify a trial. a.If the evidence is sufficient to justify the case going to trial, the grand jury will return a "true bill of indictment." 4.A preliminary hearing is also used during the pre-trial phase to determine if the case should go to trial. a.Attorneys present the case in open court before the judge who makes a decision about the evidence. b.A finding of "probable cause" indicates that the evidence is sufficient for the suspect to stand trial. Copyright © 2015 Kathryn Morgan. All rights reserved.

5.Arraignment a.Defendant appears in court to hear formal charges b.Defendant is informed of rights:  the right to trial by jury  the right to an attorney  protection from self-incrimination  the right to confront and cross-examine witnesses. c.The defendant enters a plea and informs the Court of the desire for an appointed attorney.  If the defendant is declared indigent, an attorney will be appointed. Copyright © 2015 Kathryn Morgan. All rights reserved.

6. Bail and detention decisions a.Bail guarantees that the defendant will return for trial and allows the defendant the freedom participate in his or her defense while awaiting trial. b.Research has shown that the money bail system discriminates against the poor. The poor often:  remain in jail prior to trial,  plead guilty more often  receive a more severe sentence. 7.Plea bargaining allows cases to move through the court system faster and saves the cost of a trial. a.About 90% of all cases end in a plea bargain rather than a criminal trial. Copyright © 2015 Kathryn Morgan. All rights reserved.

D. Adjudication 1.Case is presented in Court by prosecuting and defense attorneys before a judge or jury. 2.Evidence is presented and witnesses are confronted and cross- examined. 3.The judge or jury hearing the case must decide that the evidence “beyond a reasonable doubt” proves that the defendant did commit the crime. a.the standard of proof must be "proof beyond a reasonable doubt." 4.When the jury cannot reach a decision, it becomes deadlocked. a.Jury deadlock leaves the case unresolved and open for a possible retrial. Copyright © 2015 Kathryn Morgan. All rights reserved.

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