Discuss the challenges that individuals face once placed on probation or parole. Provide specific examples. When faced with probation and parole ex-inmates face many problems matriculated back into society. For one, ex-offenders, once placed on probation or parole may have difficulty securing a job. This is particularly true if the ex-offender is young and has...
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Discuss the challenges that individuals face once placed on probation or parole. Provide specific examples.
When faced with probation and parole ex-inmates face many problems matriculated back into society. For one, ex-offenders, once placed on probation or parole may have difficulty securing a job. This is particularly true if the ex-offender is young and has not had the ability to establish marketable skills that can be leveraged within the labor market. Likewise, the required skills and abilities needed to enter the workforce may have dramatically changes making the parolees skills obsolete. This obsolescence of skills is particularly acute given the rapid technology advances occurring in society today. Even after a short jail or prison stint, an ex-offenders labor skill can quickly become antiquated. Research conducted by Ray, Grommon and Rydberg, found that ex-offenders often are heavily stigmatized during their job search further exacerbating the difficulty of landing a job (Ray, 2016)
In addition, the parolee may unintentionally place a large amount of strain on the overall family dynamic. Family members must often acquiesce to various rules and policies that the ex-offender must adhere to. Likewise, family members could potentially endure financial strain due the ex-offenders lack of future job prospects. Here, variable costs such utilities, food, and gas will increase without a corresponding source of income to offset the higher costs. This can place an undue strain on the financial elements of a family if they are already living within a heavily restricted budget. Currently 50% of households in the United States can not afford a $400 emergency expense. By adding an ex-offender to the home, a potential for further financial pressures exist. According to research conducted by Naser and Visher, these circumstances can also place a psychological burden on the ex-offender during the probation process (Naser, 2006)
What due process protections are individuals on probation entitled to if they are facing probation revocation?
There are five primary protections that an individual on probation is entitled to when facing revocation. First, the individual is entitled to a written notice and disclosure of the violation and evidence that the violation occurred. Second, the individual is entitled to the opportunity to be heard in person while also presenting any counter evidence to address the original violation concerns. Third, the individual is entitled to confront and cross-examine those who claim the parole was violated. Fourth, the individual is entitle to neutral and non-partial hearing board to review the evidence presented. Finally, the individual is entitled to a written statement attesting to the evidence used and the rationale used in revoking the parole.
Provide examples of ways that probation/parole officers can be found criminally and civilly liable. Be sure to use case law to explain your examples
Parole offices and probation officers can be found criminally liable in case of negligence and malpractice. Court decisions have upheld the liability of probation officers for injuries caused to other parties due to blantant reluctance to properly supervise the individual on parole. Here, there are several factors that are used with considering liability due to negligence. This can include the parole officers awareness of the offenders intent to harm others, the supervision of the individual, and other factors. In the case of Rock v. McCoy in 1985, Mr. Rock approached his probation officer, when a third party looking for Mr. Rock also approached . A brawl quickly broke out in which turned into a serve brawl by law enforcement of both Mr. Rock and the third party. The city at the time of the incident, had no policy of beating citizens. The city was held liable because adequate training of the parole officer would have eliminated the negligent behavior on the part of the office.
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