Jail versus probation sentencing outcomes

Probation or Imprisonment

Regardless of variations in the criminal code that differ from state to state, there are factors that generally are used in considering propriety of a probation sentence are alike in all jurisdictions in the United States. The reasons for these common factors are to ensure the appropriate punishment, consequences and rehabilitation of an offender as well as to protect society at large (Abadinsky, 2008).

One of the most significant considerations in determining whether a criminal offender has an option of probation or imprisonment is whether or not the offense committed was a misdemeanor or felony, and whether violence was used in the commission of the offense. A consideration that goes hand in hand with this is the criminal history of the offender. If an individual has no criminal history and commits a crime, or if the offender has limited criminal history, that individual is in a much better position to quality for a probationary sentence vs. An individual who has committed multiple crimes and has a significant criminal history. There are additional factors that can impact whether or not an offender has the option of a guilty plea and probation in situations where in an individual has a criminal record, when the initial crime was committed, what age was the offender during the commission of the initial crimes. There are some jurisdiction that will even consider how long it has been since an individual committed a crime who has a criminal record *Abadinsky, 2008).

Other factors that are considered in the granting of probation include the nature of the offense that has been committed. For example, if a weapon was used, if the victim was a child, or if violence was a part of the commission of the act, the judge may certainly consider these factors in determining whether probation is an option. In most instances, if a crime meets one or more of the aforementioned conditions, probation is rarely an option. Sentence guidelines must also be considered when it comes to probation or imprisonment. Guidelines may indicate that probation is an option, giving the judge some leeway in sentencing. Still for other judges, the kinds of services an offender may require will often dictate whether or not probation is a viable option.

A number of the crimes that occur in my state are related to drugs; the sale of drugs, being in possession of drugs, being under the influence of drugs in a public place. In many instances, contingent upon the factors outlined above, probation is a viable option even if the person pleads guilty, particularly if this is a first offense, the client is an habitual user but no one else is directly hurt in the commission of the crime, and in situations of possession with no intent to sell.

I think that imprisonment is imposed in many of these cases when it should not be. The three strike rule with habitual users when no one other than the user is physically harmed in the process incarcerates a number of individuals with no real options for rehabilitation as prisons do not rehabilitate. I also think that socioeconomic factors and race play a critical role in who is imprisoned and who is not. In keeping with this line of thinking, the kinds of drugs that are evaluated in these crimes are often looked at different; for example, crack instead of powder cocaine.