Public order advocacy and policy frameworks

Criminal Justice

As an Individual Rights Advocate, I would advocate for our nation's criminal justice system to use more forms of special probation programs as applied to non-dangerous criminals. My opinion towards probation has changed dramatically since the beginning of this class. Prior to the class, I viewed all forms of probation as being nothing more than an excuse for true justice. However, now I view probation as having many benefits, especially as to the rehabilitation and prevention of repeat offenders. Thus, I feel, if done right, that special probation programs can play a key role in providing true justice.

The purpose of probation and parole is to meet specific needs of offenders and help them overcome their problem behavior so as they will not become repeat offenders. Since every individual is unique, there is no one set probation program. Instead probation is a general term used for any non- or post-imprisonment punishment ordered by the court. The criminal justice system, along with the state, federal and local governments, has supplemented the general idea with various specific and special probationary programs. The goal is that there is either a program or set of programs that will address every offender's needs and therefore make one's probation a success. (March, 1993; p. 29).

For example, let's use the example of John Doe, who has been arrested for repeat alcohol related offenses, the most serious being operating a motor vehicle while intoxicated and causing injury to another. This is not John's first driving under the influence charge, he has been arrested three other times within the past decade. He also has several public intoxication charges. John has previously been court ordered to attend substance abuse counseling and treatment, alcohol anonymous meetings, and to take a drinking drivers educational course. Obviously, as shown by his continued alcohol dependency and subsequent arrests, these general and informal probationary programs have not met John's needs.

Because John's criminal acts are not malicious and are instead caused by his chemical dependency, instead of simply throwing John into prison, probation should still be considered. Otherwise, if put in prison, John will someday be released without receiving the treatment he needs and he will most likely find himself back in the same situation. However, in order to be successful, the court should order a more moderated, or formal probationary program. Instead of telling John he needs to do this treatment, the court needs to make him follow through.

To start, the court should order that John be committed to an intensive substance abuse treatment program. This essentially would send John to a treatment facility where he will undergo constant monitoring, education, and counseling. (Sims 2005; p. 106; Lewis, 2002; p. 77).

After successfully completing his inpatient treatment program, John still cannot be released to his own initiative. More likely than not John comes from an environment that would make alcohol and other triggers readily available. Further, John has a history of not following through with outpatient treatment. For this reason, the court should order that John be placed in a controlled environment, such as a halfway house.

While serving his time in a halfway house or other residential facility, John will be continually monitored and be able to live in a dry environment. Here John will be able to attend group therapy, individual counseling, and other similar programs. (Burnet, 2004; p. 303).

The benefits of this special probation program is that John will retain enough freedom to maintain essential community and family contacts yet be forced to get the treatment he needs. Further, such programs often include an incentive program. The more cooperative John is with his treatment, the sooner he will be released. (Abadinsky, 2005; p. 82). After successfully completing the halfway house requirement, John should still remain on probation. The terms of this probation should be continued treatment, staying out criminal trouble, and submitting to random drug and alcohol tests. As John continues to succeed, these requirements will be gradually withdrawn. (Burnet, 2004; p. 111).