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Probation and ecidivism
ecidivism is the habit of offenders falling back to crime or misdemeanor after having been charged with offences or while still on probation. It is a new crime that is committed by a felony inmate or a probationer (Merriam Webster, 2012). The recidivism rate is measured by the number of re-arrests, reincarnations and the reconvictions that take place.
From various studies, there have been various categories of offenders who have been noted to have a higher possibility of falling into recidivism than others and yet another category that has a greater percentage of success in their probation and not fall back into recidivism. The success on probation is widely predicted based on personal characters of the probationers. Women of thirty years and above are generally seen to be able to carry on successfully with the probation and not be subjects to recidivism. It is also noted by…… [Read More]
"Public safety and assisting the offender in reintegrating into the community are the most important considerations in any parole decision. Is the inmate willing and ready to re-enter the community as a law-abiding citizen and contribute to a safer society? Can the inmate's release back into society harm the general public? All relevant information is considered" (General parole and probation questions," 2008, Criminal Law - Parole Probation, p. 3). This is in contrast to probation, which is a legal sentence enforced based upon the nature of the crime and is viewed more in terms of the degree of the convicted defendant's culpability and mitigating circumstances regarding the crime.
The parole board takes some of the same factors into consideration as a judge does when sentencing an individual to a term of probation, such as the type and severity of the offence, but also considers certain personal factors, such as the…… [Read More]
Probation and Parole Programs
Individuals who are unfamiliar with the criminal justice system may think that a convicted criminal is sentenced to a certain period of time in prison and when released has paid his -- or her -- debt to society in full and is as free as anyone without a criminal record. However, in most cases, prisoners released from jail or prison are sentenced to additional time on probation or parole as a sort of transitional phase in their lives during which they have a much higher level of supervision than does the ordinary individual. This period of time is -- ideally -- one in which each individual can make a smooth transition back to ordinary civilian life while at the same time posing a reduced risk to public safety.
A few basic definitions will be useful at this point. While "probation" and "parole" are parallel terms, they…… [Read More]
In 1841, Augustus bailed out a 'common drunkard', and became the first probationer. "The offender was ordered to appear in court three weeks later sentencing. He returned to court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor had dramatically changed" ("A Brief History"). This would eventually evolve into today's probation system.
Examples of Probation:
sentence ordered by a judge instead of, or in addition to, serving jail time, that allows the convicted offender to live in the community for a period of time, is known as probation.
Depending on the seriousness of the crime and the circumstances, this sentence sometimes occurs under the supervision of a probation officer. This differs from parole, which is a conditional release of an offender, after serving part or all of their sentence.
Probation also differs from a pardon, which is when an offender is "fully…… [Read More]
Probation and its various forms: According to the official government website by Prince illiam County (PC), Virginia, probation is a sanction ordered by courts that "…allows a person to remain in the community under the supervision of a probation officer." The probation sentence could also include time in jail, a financial penalty, community service, and other sanctions (PC).
There are several kinds of probation, including: a) unsupervised probation (this is generally only available for very petty crimes); b) supervised probation (this requires regular contact with a probation officer and includes specific rules -- no alcohol, etc. -- that must be adhered to); c) community control (in this case the person on probation may be under house arrest and/or have ankle monitoring); and d) shock probation (the judge in this case may put the probationer in prison just to shock him, then release him on probation) (LaMance, 2012).
Probation and recidivism:…… [Read More]
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…… [Read More]
Probation and Parole: Supervision
Probation and parole agencies supervise offenders in the community. Once an offender has been granted probation or parole, a probation or parole officer is assigned to supervise the progress of that offender in the community.
There is a conflict over the duty and specificities of supervision. To some, supervision is based upon the casework model where supervision forms the basis of a treatment program. In other words, the parole officer draws up a plan of treatment for the parole based upon his or her character and needs, and, using all the information available and resources at his service, designs a treatment plan. The treatment plan is a combination of the parole's needs (e.g. employment), and ways that the parole can satisfy these needs (e.g. attending a life-skills program). The probation officer's endeavor and strategy will assist the parolee in meeting these needs and in finding and…… [Read More]
Parole reduces the financial strain on prison system in terms of costs of feeding and housing prisoners as well as overcrowding and the need to build more prisons.
Parole sentences that require prisoners to volunteer involve prisoners in the local community and enable prisoners to 'pay' their debt to society and thus pay for their incarceration.
Most probationers in the system are nonviolent: "three-quarters of probationers were supervised for a non-violent offense" (Probation and parole statistics, 2008, Bureau of Justice Statistics).
Parole programs can provide added support for prisoners with 'special needs' such as juveniles, individuals who are mentally challenged, or have other conditions that make their reintegration into society more difficult, such as a mental illness which require consistent treatment and medication. For example, states as diverse as New Mexico and New York provide family services, addiction support services, and mental health counseling to prisoners on parole. This improves…… [Read More]
In other circumstances, the offender should be directed towards more traditional means of punishment.
Split sentencing has been part of the criminal justice system since the beginning of incarceration programs, and shock probation programs, a form of split sentencing, have been in use for more than 50 years. There is significant debate about the efficacy of these programs, because some so-called shock probation programs are linked to high rates of recidivism and offender violence, while others are shown to dramatically reduce recidivism. The important thing to keep in mind is that not all programs labeled shock probation programs actually follow the guidelines established in the 1960s for these programs. Shock probation programs involve the exposure of a defendant to a prison-type environment followed by period of highly monitored probation. However, shock probation programs were never intended to be used on those defendants who were unlikely to be shocked by…… [Read More]
Career as a Probation Officer ight for You?
One of the most challenging and potentially rewarding careers in criminal justice is that of a probation officer. Probation officers are on the front line in working with and monitoring released offenders in an effort to prevent them from committing new crimes and being reincarcerated. By helping to keep offenders out of prison, probation officers can improve the quality of the lives of their probationers while saving the government significant amounts of money in the process. Although significant growth is projected in the field for the future and the pay is generally good, working as a probation officer is not for everyone. This paper provides a review of the relevant literature to determine the responsibilities and typical job tasks of probation officers, the types of work environments they encounter, national salary levels and the outlook for this position in the future. A…… [Read More]
Probation and Offenders
Many people who are convicted of petty crimes are placed on probation instead of being sent to prison. Those who have served time in prison are often released on parole. During probation offenders have to stay out of trouble and meet other requirements stipulated in their probation sheet. Probation officers work together with and monitor the offenders in order to prevent them from committing new crimes. Probation officers supervise the people that have been placed on probation. They supervise these offenders that are on probation through personal contact with these offenders and their families. Instead of the probation officers requesting the offenders to go to them most of these officers meet them in their homes and the places where they are employed or are undergoing therapy. By meeting the offenders where they are, it means that they are less likely to take part in any crime since…… [Read More]
Probation originated from ancient times in England and the United States, it was devised so that they could avoid the mechanical application of the harsh penal codes of the day. Early criminal law of the British that was practicing much of the objectives of retribution as well as punishment imposed on the offenders severe and rigid penalties. The punishment which was common was corporal such as flogging, branding, mutilation and execution. Philanthropists and volunteers proved to be instrumental in the development and acceptance of probation in practice prior to probation being made into law.
There is need for identifying a probationer's risks and needs. isk assessment gives a measure of the probationer or parolee's level of danger to the public and at the same time it measures propensity of the offenders to get involved in the criminal activities of the future. Parole and probation jurisdiction have developed some aspects of…… [Read More]
We take a look at improving the construct and thereby the impact of probation in our criminal justice system in this paper.
The inmate population in the U.S.A. rose by 50% between 1990 and1999. The increase also accounts for recidivated parolees. Critics raised Issues about the allegedly ineffective parole system. The U.S.A. is known to have sent a huge number of people to its prisons in the past 40 years. A large chunk of those imprisoned are expected to return to their respective communities. Some of these inmates will return via accumulation of earned time credits or presidential clemency. However, it is observed that the luckier lot of the convicts is the group on parole. Probation has been around for many years in the criminal justice system. It is available in every state across the nation (Larkin). Although the architects of the probation program hoped to achieve a…… [Read More]
Ethics and Discretion in Probation
"…Encourage relationships with colleagues of such character to promote mutual respect and cultivate a professional cooperation with each segment…" [and] "respect, serve and empathize with the victims of law violations allegedly committed by children…"
(Denton County Juvenile Probation Department)
hat ethical considerations are important in probation departments in the United States? hat are the ethical expectations for communities when there are offenders out from prison and on probation? hat discretion do probation officers have vis-a-vis offenders they are responsible for? These and other issues will be presented in this paper.
Potential Ethical Conflicts in the Field of Probation
Mitchell Silverman writes in the peer-reviewed International Journal of Offender Therapy and Comparative Criminology that there are two potential conflicts that emerge from the two "major roles" that are typically given to probation officers. First, the probation "agent" is trained to help offenders get on their feet…… [Read More]
When requested to leave the premises the defendant refused to do so and proceeded to assault the security officer by throwing a beverage at said officer and then, subsequently, slapping the same officer. The defendant was detained by the store security and arrested by the local police.
George Petrie, the chief security officer for Publix, states that his employer would like to see the defendant punished for his actions against his staff. Based upon the defendant's actions and statements, he is concerned that the defendant has no intention to comply with this Court's dictates.
Defendant's Prior Record
Petty theft; Disorderly Conduct; Criminal trespass
Petty theft (shoplifting)
Defendant has admitted to drinking alcohol on a regular, perhaps, daily basis. He denies the use of any form of non-prescription drug usage. He does admit to the recreational use of marijuana as a juvenile but…… [Read More]
The diversion concept includes specific requirements for convicts in the program to participate in educational or vocational programs likely to provide lasting results beyond the period of probation. Probation generally requires only that probationers maintain some type of gainful employment or some kind of academic or vocational involvement.
As a result, the less intensive supervision and criteria in the probation program are much less likely to result in long-lasting behavioral changes. In effect, probation is more likely to become little more than a mandatory period of lawful behavior instead of a (usually shorter) period of incarceration; much like many instances of incarceration followed by release, probation followed by release is associated with resumption of criminal activities once the probation is concluded (Schmalleger, 2008).
The principal difference between probation and diversion is that probation requires little more than passive cooperation whereas diversion usually outlines much more specific elements of compliance as…… [Read More]
Criminal Justice Administration: Parole and Probation Officers Scenario
You are the administrator of the county probation/parole department and it's the time of the year when you need to evaluate the officers. There are two officers of special concern. The first one is a veteran who has been following all the procedures and protocols. However, he has not been showing good results; a high percentage of the probationers he supervises have violated their probation and they have been incarcerated. The second officer is a new recruit, and is due for his 90-day review. He has not followed proper procedures; however, he has shown good results.
• How would you, as administrator, handle the evaluations of these employees? Which is more important -- getting results or following procedures?
• For probation and parole officers, what specific characteristics of the job are motivational factors and why?
• What aspects of the position may…… [Read More]
History Of Probation and Parole
The modern day probation and parole has its roots in the English criminal law during the middle ages. During this time, harsh punishments were handed down to offenders indiscriminately; both adults and children were punished alike. There were cases of flogging, mutilation, branding, and even execution as forms of punishment. These were deemed too harsh punishments and created discontent hence other alternative methods like buying oyal pardon were introduced. Activist judges also started applying some of the most lenient punishments within the provision of the law as a way of giving the offenders reprieve. With time, the courts started using the method of 'binding over for good behavior' which was a temporary release during which the offenders were allowed to push for lesser sentences of pardon. At this point, though in a controversial environment, some courts began suspending the sentences.
The trend radically changed in…… [Read More]
prison overcrowding and recidivism major problems in criminal justice, alternatives to incarceration become more salient than ever before. One of the most common alternatives to incarceration is probation: an alternative sentence to prison time that generally involves supervision by an appointed parole officer or group of officers. Probation allows the individual to go about his or her daily life including occupational activities and family life. Therefore, probation does reduce the harm associated with prisoner re-entry, and minimizes the risks associated with dismantling families and communities. Probation may be especially effective for offenses that are nonviolent in nature, including drug offences.
Parole is an early release from a prison sentence, offered to individuals based on good behavior in prison, lack of risk for re-offense, or minimal threat to society. Like probation, parole helps reduce prison populations. Parole by definition means the individual did spend some time in prison, but it also…… [Read More]
The rest of this section did not score John any points either bad or good since he appears to have a relatively stable home life in which he does not do drugs or alcohol.
The other measurement that this assessment gauges is that of needs. This section looks at what things that a person may be lacking in that would make them exhibit the behavior that they are currently displaying. It also looks at what things might be going on that would cause a person to reoffend at some later point in time. In John's case the things that are brought to light in his assessment are that he has issues with family relationships. His relationship with his parents and especially his mother appear to be his motivating factor for getting into trouble. It seems that ever since his sister was born there has been a strain in the relationship…… [Read More]
" His nonchalance suggests not only that he is often late with assignments, but also that he does not think classroom presence is important. Conversely, Alexandra, whose name is on the Dean's list, is enthusiastic about attending class. Just by being present in the classroom, Alexandra is more engaged with her course material than is Luke. She hears the information delivered from the instructor, she is attentive in class, and she is comfortable engaging in dialogue with the instructor. Thus, Alexandra already has the academic edge on Luke: she shows up for class." (Nelson, 1998)
So why this school policy should be discussed if it appears to be fair? The answer lies in the research we conducted on the subject. According to some studies, academic probation is not exactly a successful strategy because it discourages students from returning to school after one year suspension or the fear of…… [Read More]
Intensive supervision programs are alternative law enforcement methods used to "promote public safety through increased accountability that can include electronic monitoring, increased drug/alcohol testing and unannounced home or work contacts," (tate of Wyoming Department of Corrections, 2013). Instead of sending a juvenile delinquent to a detention center or prison, the criminal justice system can use intensive supervision to promote the personal welfare of the individual while also ensuring public safety. Intensive supervision is a form of probation, which is itself an alternative to imprisonment. From the perspective of criminal justice officials, intensive supervision helps to reduce prison overcrowding ("Probation and Parole: upervision - Intensive upervision," 2013).
Methods of intensive supervision vary from state to state and jurisdiction to jurisdiction. In some areas, electronic monitoring is the primary method used to ensure that curfews are being obeyed. Intensive supervision will often entail home supervision as well as continual monitoring…… [Read More]
minds of the researchers. It is hoped that these studies also provide information that assists in addressing issues that need to be addressed. In this particular case a study is proposed to assist the researcher(s) in understanding exactly how prevalent drug use is amongst parolees and, perhaps more importantly, why is it so prevalent. It is hoped that by understanding the extent of the problem, as well as the why, that an approach can be developed to effectively help lower the incidence of drug use amongst those individuals that are most likely to be adversely affected - in that they could be returned to jail.
It is hypothesized that nearly fifty percent of the individuals on parole continue a lifestyle that includes using alcohol and drugs in the same manner that they did before their latest incarceration. It is also hypothesized that their alcohol and drug use is due to…… [Read More]
officer advised a probationer caseload. He a I would begin the plan for completion of the terms of probation for the drug offender in possession of cocaine by delineating the terms of the schedule for paying the court fees and costs. I would give this individual a choice in terms of the payment schedule. Since most people are paid approximately every two weeks, I would allow the probationer to choose from either paying $100 every two weeks or $50 every week. The smaller amount might be beneficial to him or her, whereas the lengthier period of time between payments (two weeks) might also be better. Additionally, I would allow the probationer a five day grace period with which to make payments from the date that they are due to account for any sort of holidays or inconsistencies in payment periods.
The community service organization I would employ is called Bay…… [Read More]
I wish to pursue a career in the juvenile probation area of law enforcement, as a juvenile probation officer. Mcmahon (2016) defines 'juvenile probation' as a type of juvenile sentence wherein a juvenile lawbreaker is allowed to reside within his/her communities, instead of being sent to a new home or to prison. Numerous reasons may be cited as to why juvenile lawbreakers are allowed such leniency. It is up to the court to decide whether any juvenile offender is entitled to probation or not, as well as the probation terms. Probation as a whole, forms a rather critical area of criminal justice. At times considered a test, probation enables lawbreakers to serve their sentence partially or entirely outside of jail. From the incarceration system's perspective, probation reduces costs incurred by the state, enabling prisons to concentrate on punishing dangerous and vicious criminals. Probation for juveniles in the preferred sentence as…… [Read More]
Community Corrections as a Social Service
With around 2 million Americans incarcerated in the nation's prisons and jails at a cost of tens of billions of dollars each year, policymakers are scrambling for alternative solutions and many have identified community corrections as a viable option. Using parole and probations programs, community corrections provide a valuable social service to the country by giving juvenile and adult offenders the opportunity to rejoin mainstream society in meaningful and productive ways that reduce recidivism rates and restore the integrity of the family unit. This paper reviews the relevant literature concerning these programs to demonstrate that community corrections represents an important social service that should be expanded to reduce prison and jail overcrowding rates and provide offenders with the chance they need to rebuild their lives. Finally, a summary of the research and important findings concerning community corrections as a social service are presented in…… [Read More]
This was not a compilation of current rules and regulations, but rather adjustments to the current laws. It contains over 6,500 words of detailed fine-tuning (Florida ar, 2004). While these changes may well have been necessary and important, it also highlights the complicated rules and procedures those dealing with juveniles must follow. Meanwhile, individual municipalities and states, such as St. Louis and Texas, grapple with the practicalities of making juvenile probation do its job of rehabilitating youth and protecting society. It seems likely that Texas will not find the funds necessary to provide the type of program offered in St. Louis, since St. Louis can only accommodate 28 youth at a time. In addition, their approach still does not reach 35% of participants, so it is not the entire answer. Perhaps good research can suggest a way to offer rehabilitative probation to youth in a way that is financially feasible…… [Read More]
hat are the roles of a juvenile police officer, a judge, and a probation officer in the juvenile system?
The juvenile police officer's role is to arrest those under the age of 18 who commit crimes, and according to an article in the Houston Chronicle, that officer must determine if the offender should be referred to the juvenile court or to an adult court. The juvenile police officer questions the alleged offender, fingerprints the offender, officially books the offender into the juvenile justice facilities and basically handles the case at the start of the process (Bolden-Barrett, 2011).
The statistics show that about 83% of court referrals for juveniles come from police officers; the remaining 17% come from parents, from schools, from the victims of crimes and from probation officers. Federal law requires that the arresting juvenile police officer can keep an under-18 offender in custody "…no more than six…… [Read More]
Forensic Mental Health Legislation and Policies
The current position on forensic mental health issues when it comes to legislation and policies is a strong one, but there are some difficulties that do not translate well into the probation and parole policies that are currently offered. In other words, there are issues that are not being addressed, and that are allowing individuals with mental health problems who on are probation and parole to slip through the cracks and struggle with their issues on their own (Wang, et al., 2005). Not only are they not getting the help they need in order to live productive lives, they are also more likely to reoffend, violate their probation or parole, become homeless, drink to excess, do drugs, and get involved in other unsavory behavior (Patel & Prince, 2002). The high proportion of indigenous offenders is one of the biggest issues that indicates mental health…… [Read More]
Description: A court-ordered sanction that puts the offender back into the community but under the supervision of a probation officer. Probation can be assigned to follow jail time (provided good behavior while incarcerated), and it may include having the offender pay a fine, do restitution, and perform community service activities as well (www.pwcgov.org)
Advantages: a) Instead of serving time in prison or a county jail the offender gets an opportunity to return to the community albeit under stringent requirements; b) it is basically like a second chance for the offender, and if he or she takes advantage of the opportunity and follows the rules, it can be a blessing for the offender and a savings of money for the correctional system
Disadvantages: a) This is not technically a "disadvantage" but if the terms of the probation are not met (for example, if the person on probation fails to…… [Read More]
The unique circumstances indicate that this event is an isolated one and that absent the abuse the offender is not likely to repeat the behavior. However, the seriousness of the crime, that is, a homicide, demands that the offender be treated firmly. The homicide is certainly understandable under the facts of the case but not necessarily justifiable. The discretion of the judge will determine to what extent the extenuating circumstances will affect the offenders sentencing.
A recommendation short of incarceration must include some form of intensive supervision for a period of time to ensure that the offender is as he appears to be, that is, a non-violent offender (U.S. Department of Justice, 1997). Such supervision should also include a period of counseling to ensure that the offender can effectively deal with any residual guilt arising from the homicide and the years of intensive abuse. Specific recommendations to this effect should…… [Read More]
Shifting to a restorative model, acknowledging the needs of victims
Shifting to a restorative model, acknowledging the needs of victims
The adult justice system in America has long focused upon retribution and community restoration as well as rehabilitation of offenders. Victims must be 'made whole,' not just offenders within the adult system. However, the juvenile justice system has had a far less clear focus upon the restoration of justice to the community than that of its adult counterpart. This is partially due to the oft-expressed view that juveniles are less morally responsible than adults. Juvenile records are usually 'wiped clean' after the adolescents have served their time in probation or prison. The focus of the juvenile justice system is always on the improvement of the life of the juvenile and to reduce the likelihood of recidivism, rather than outright punishment.
On the other hand,…… [Read More]
Criminal Justice Theory and the Los Angeles County Probation Department
Criminal and antisocial behaviors have been studied in the field of criminology for many years. Criminologists are very interested to learn what types of things cause specific criminal and antisocial behaviors. hile criminal behavior and antisocial behavior are not always related, they often have close ties. Criminologists and other researchers are looking to find commonalities between certain genetic makeups and deviant behavior. They believe that many people are genetically predisposed to be violent, and if these people can be located they can be treated.
That does not mean that criminologists are in favor of testing everyone's genetic makeup on the planet to see if any of them show violent tendencies. hat they are interested in doing, however, is studying criminals who already have a history of violent and deviant behavior to see what other traits they have, and what their…… [Read More]
Over the last decade there have been rising overcrowding in prisons and other correction facilities making them costly and dangerous for the inmates. There has been also a need to better manage the crime levels in the community as well as reduce crime, and give fair sentencing to adult offenders. These are the main factors that led to development of intermediate sanctions (Caputo G., 2004).
Discuss the evolution and use of boot camps. What are the purposes of shock incarceration?
The increased crime rates among the juvenile in the late 70s and early 80s led to the development of the boot camps with first being set in 1980. They are owned by the government or by private sector. It is estimated that there are almost 100 boot camps in the U.S.A. today. Shock incarceration is the alternative to incarceration which leads to earlier liberation from confinement. They are…… [Read More]
A cursory glance at job market statistics offers a grim picture, leading many to pessimistic conclusions. The United States Department of Labor’s Bureau of Labor Statistics points out that increasing numbers of young people are graduating from college and entering the job market now, leading to increased competition in many job sectors (1). Likewise, rates of unemployment have been at near-record lows, especially for young men (United States Department of Labor Bureau of Labor Statistics 1). Baeurlein also points out the problem that many college students have with debt accumulation from student loans, making it difficult for them to get a foothold on their careers. Yet not all graduates are doomed to flounder in the labor market. I am pursuing a career in adult probation and parole. On reason why I am optimistic about my future prospects is that working in corrections is a public service sector job that does…… [Read More]
Criminal Justice System
Most Important Change Needed
Personal Statement Essay
I appreciate this opportunity to tell you a little bit about myself, my career aspirations, my educational plans, and what admission to the Master of Criminal Justice Program at the New Mexico State University would mean to me. For as long as I can remember, I have been interested in a career in criminal justice. When I was a younger, I wanted to work for the Federal Bureau of Investigation (FBI); however, that window of opportunity has now been closed by my age. Nevertheless, my career goals are to work as a probation officer and teach Criminology at a community college. To accomplish this, I hope to spend the next two years earning a graduate degree at Mexico State University.
When I graduated from high school, I wanted to go directly into college; however, a number of factors precluded this…… [Read More]
The debate regarding which form of protocol is more appropriate, custodial vs. treatment, is indeed one of the more controversial subjects in criminal justice today. Custodial treatment refers to the act of putting the convicted criminal in an institution of some sort, such as a jail or prison (hence the term, "custody"). Those who are in favor of this option stress the pros of this type of method, stressing that it is one of society's oldest forms of punishment: "When someone is sentenced to jail or prison, that individual is physically separated from society (the modern version of banishment- society's first form of punishment. In doing so, the person is quite literally deterred from committing any further crimes against the general public because (due to their incarceration) they simply no longer have physical access to the community" (Bayley, 2009). Bayley stresses one of the obvious advantages of custodial…… [Read More]
Gender Bias in the U.S. Court System
Statistics regarding male and female criminality
Types of cases involving women and men
Sentencing guidelines for judges imposed to diminish disparities
Feminists say women should get less jail time
Number of women vs. men arrested
omen committing misdemeanors get little or no jail time
Death penalty cases
10% of murder cases are perpetrated by women
Leniency of juries on women defendants
Easier for women to be treated leniently by juries
Sex crimes involving men and women adults vs. teens and children
omen are always given less punishment than men in this area
Reaction of judges towards female defendants
a. Chivalry Theory of women perpetrators
Focal Concerns theory of women perpetrators
In both the Constitution and Declarations of Independence, two of the most important documents in American history, it is promised by the very foundations of the…… [Read More]
(Kilgore; Mede, 64)
Of course as a program approaches the end, much interaction have concentrated around how to return to the home environment and foster relationships with positive influences and make positive selections. Boot camps unquestionably generate a scope for the boys to become part of a positive peer environment, and this environment is likely to be one of the keys to each boy's success at the camp. (Kilgore; Mede, 65) Further Boot camps have shown that the society has a great liking for the functioning of the Boot Camps. Against the environment where serving in the military is considered as a valuable gain of knowledge and training, the society also appears to intuitively understand the valuable cause inherent in the programs. (Smylka; Selke, p. 93)
Cons of Boot Camps:
The inmates of boot camp appeared to be less vulnerable to re-offend after liberation in comparison to that of other…… [Read More]
Kristin Died -- Case Study
On May 30, 1992, a young woman named Kristin Lardner was shot by her ex-boyfriend, Michael Cartier. Cartier had a long history of violence and criminal activity, not to mention several convictions of domestic violence. At the time of the murder, in fact, Cartier was on probation and under the auspices of a restraining order. A number of public agencies had the task of keeping Cartier away from Kristin, but unfortunately, this did not happen. The gist of the matter deals with the element of bureaucracy, the way they are set up, what keeps them going, what incentives they use to measure efficacy, and what factors inhibit their ability to be responsive.
Within the rubric of public administration, there seems to be at least two theoretical precepts that apply to the case of Kristin Lardner. First, there is the idea of public bureaucracy and the…… [Read More]
For example, offenders without job skills can receive job training, while offenders with emotional problems can be ordered to attend the appropriate counseling. (Native American and Alaskan Technical Assistance Program, 2005). Because such a huge proportion of crimes are drug-related or committed by addicts, completion of in-patient or out-patient substance abuse programs is often an integral part of an offender's alternative sentencing program. Furthermore, alternative sentencing strives to make an offender personally responsible for their crime. Therefore, mediation and restitution play an important part in alternative sentencing, because mediation gives the victim a voice, while restitution can require an offender to repay his victim. (Native American and Alaskan Technical Assistance Program, 2005).
After one has an understanding of the different sentencing alternatives available, the logical step is to question whether alternative sentencing is effective. In order to answer that question, many criminal justice professionals look to recidivism rates. "However, limited…… [Read More]
Sneaky Pete Case
Answers to Jake Law's Questions
Jake Law is the prosecuting attorney in the armed robbery case of Sneaky Pete. In the current negotiation, Jake must resolve his issues with the defense attorney, Chris Vaughn and the Judge as well. It is important for Jake to remember his role as an officer of the court and do what is right for the jurisdiction he represents and not simply for his own personal benefit. Unfortunately for Pete, many of these attorneys are very unsympathetic to anything other than their career.
Prosecuting attorneys serve the public by representing local, state or federal governments in criminal court cases. They participate in the investigation of criminal activity and fight for justice and represents the court. They must also have an understanding of their communities' needs and the motivations driving law breakers. Successful prosecution can lead to an individual's loss of rights, and…… [Read More]
The traditional backup sanction for nonpayment of a fine has been the use of jail as an alternative sentence. Yet, because jail space is a scarce resource in most jurisdictions, it is important to have statutory authority for other sanctions that can be used when an offender does not pay the fine (Bureau of Justice Assistance, 1996).
There are three types of sanctions that can be used as backups when an offender fails to pay the fine that has been imposed: community-based sanctions, civil mechanisms, and incarceration. The following are examples of community-based sanctions that can be used in the event of nonpayment: (1) Community Service, (2) Day eporting Centers, (3) Home Confinement, and (4) Halfway Houses/Work elease Centers (Bureau of Justice Assistance, 1996).
Civil mechanisms that can be used include garnishment of wages, interception of income tax refunds, driver's license suspensions, denial of automobile registration renewals, or the use…… [Read More]
Betty Vinson was horribly unjust, especially considering that she cooperated completely with federal prosecutors. Indeed, it is difficult to imagine how their case against WorldCom CEO Bernard Ebbers could have proceeded as well as it did without the cooperation of Ms. Vinson. Certainly, if the federal government is to be expected to attract the small "fish" to give up the big "fish," then this certainly is counterproductive.
Certainly, Ms. Vinson made the decisions that she made due to the fact that she was fearful about losing her job if she did not engage in the activity that she did. After all, did the accounting agency pick up on the fraud? The above conviction is especially unbelievable since she took the stand not just against Ebbers multiple times, but also Troy Normand was only given three years' probation and did not impose a fine on him. This was especially the case…… [Read More]
studied, John can be used as a success for first time offenders. The reason why is because, he has been through different rehabilitation programs that have helped to change his focus. John is a first time offender with violent tendencies. This is coupled with substance abuse and possible gang affiliations. After spending time in the program, he now wants to give back to the community (i.e. working with first time offenders). This is a success due to the fact that John has made positive changes in the direction of his life. If he had been sent to jail, the situation may have made him more anti-social.
Some of the tools that were utilized on John will be applied to the juvenile justice system in the future. This is because there has been an emphasis on having stiffer penalties for juveniles in the last few years. The problem with this approach…… [Read More]
While the subject's rationale for blaming his most recent victim for dressing provocatively may reflect "normal" (Macionis 2002) social conditioning (particularly among adolescent males), his complete lack of empathy (as distinct from responsibility or fault) is more consistent with pathological indifference and lack of empathy often observed in serial rapists and other sociopaths who display a clinical indifference to their victims (Gerrig & Zimbardo 2005).
Subsequent analysis will distinguish whether the subject's relative immature statements about the connection between video game violence and the real world are the result of low intelligence and delayed cognitive skills in the area of logical reasoning and responsibility or functions of repressed rage directed at all females.
viable intervention strategy must emphasize intensive psychological counseling to address the subject's past sexual victimization, the rage associated with it, and the direction of his anger at all females. Behavioral psychotherapy will be necessary to…… [Read More]
sold to law enforcement as a way to implement stringent policing structure while at the same time ensuring that community safety is maintained at minimal cost to the department and without job loss or reductions in force due to economical policing practices. In addition the plan should be sold as a way for the police department to re-build it's reputation among community members, and strengthen its reputation for working in a productive and collaborative manner. The cost savings benefits of building a stronger community with less crime in an efficient manner should also be emphasized as a primary benefit of the program.
There are many opportunities existing that lend support for the plan. For example, the report notes that a number of juvenile gangs are evolving within the community, a problem that is new for a community that had been relatively stable in the past. The police department can gain…… [Read More]
Correctional institutions have enhanced in quality and condition over the years. What started out as dungeons and sewers in ome, the conditions for correctional institutions have improved to quite an extent. In the 1980s, overcrowding became a renowned problem as it also went against the eighth amendment that forbids cruel and unusual punishment. (Carter & Glaser, 1977, p. 1) Increased crowdedness causes mental and physical damage to the inmates in the prison according to a research done by Paulus, Cox and McCain. The Iowa department of corrections takes control of the public, workers and the offenders by keeping them under punishment yet away from cruel behaviors as well. All the correctional measures taken under the criminals are done under proper supervision to ensure that their safety is not compromised.
Community-based correctional institutions.
Community-based corrections are a substitute measure to punish criminal without sending them to jail. The Iowa department of…… [Read More]
Drug Courts: A Program to Reinvent Justice for Addicts
For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community (Drug Strategies, 1996). eyond the troubling ability of these problems to fill prisons to capacity, the traditional judicial system seemed to have no deterrent effect on these crimes (Drug and Crime Facts, 1994). A disturbing "revolving door" pattern had emerged, with drug offenders moving through the system in a predictable pattern of arrest, prosecution, conviction, incarceration, and release. In a few weeks, sometimes only a few days, the same person was back in the system again, arrested for drug possession or a drug-related crime (National Association of Drug Court Professionals [NADCP], 1997). A particularly difficult problem faced by the system was the growing use of crack cocaine in the 1980s…… [Read More]
Internet Sex Offenders
Today's technology has allowed for many great advances in society that allow for great benefit and good. The internet and instant communication abilities have provided new landscapes for the human species to evolve and grow. The power of technology must be wielded with temperance and wisdom however due to the always present threat of those who wish to prey and feed off the weakness of other people.
The purpose of this essay is to describe specific strategies that are most effective with sex offenders in the community. This discussion will first discuss the newly formed landscape in which criminal justice professionals find themselves in today and how technology has affected their ability to successfully perform their duties. This discussion will also include ideas about legislation and technology that can be used in the efforts to deter these criminals from committing future sex crimes.
The New Landscape
Sex…… [Read More]
Define the Problem
The defined and existing problem is going to vary in scope and definition depending on who is doing the defining. However, there are some clear and obvious problems with the “three strikes” law. The policy itself was meant to address a problem. However, that policy has created a new set of problems. Indeed, there are situations where three-time violent felons are justifiably put away for twenty-five years to life. However, the major problem with the policy are the human and budgetary costs that are created by people being thrown in jail for life for minor offenses (“Ewing v. California”, 2017). There is also the concern that some people are being thrown in jail even though they will soon “age out” of criminal behavior. Indeed, men in their 60’s are not able to crawl through windows, run and jump fences like someone in their 20’s or 30’s (Besemer,…… [Read More]
Ashley, Assistant Director, Criminal Investigative Division of the FI relates that in 1991: "...the U.S. Attorney's office in Los Angeles charged 13 defendants in a $1 billion false medical billing scheme that was headed by two Russian emigre brothers. On September 20, 1994, the alleged ringleader was sentenced to 21 years in prison for fraud, conspiracy, racketeering, and money laundering. He was also ordered to forfeit $50 million in assets, pay more than $41 million in restitution to government agencies and insurance companies victimized by the scheme." (2003) Ashley relates that the first Eurasian organized crime investigation of a significant nature involved a major underworld figure in the United States and specifically, Vyacheslav Ivankov who is a powerful Eurasian organized crime boss. Ashley states that Ivankov "...led an international criminal organization that operated in numerous cities in Europe, Canada, and the United States, chiefly New York, London, Toronto, Vienna, udapest,…… [Read More]
The result is that employees at all levels for their own protection as well as to create a system of mutial support among leaders and subordinates have begun to demand collaborative rights of communication and input on job design, and leadership practices. Empowerment of employees has long been shown to be a positive aspect of individual employee motivation as well as the desire to be a part of a team that works together to provide holistic knowledge of community problems and concerns and therefore contributes to solutions. (Sims, 2002, p. 18) being a member of the team that proposed a solution or the individual who had a good idea that will potentially solve a problem is empowering and motivational and will likely increase retention and decrease problematic communication, such as collusion, a phenomena that occurs when individuals do not feel that the top down system is effective in resolving problems…… [Read More]
The second reason punishment is handed out following a conviction is to appease the victim or the victim's family and let them know that justice was served. If someone is the victim of a crime they often feel violated and angry that someone could do this to them. Idea of revenge may enter their mind or they may find themselves dwelling on the event. The punishment lets them know that the criminal did not get away with the commission of the crime and that society does in fact recognize that they committed it.
Both of these are foundations for the court system handing out punishment following the conviction of a criminal.
A side note to the entire process is political. Politicians often use the punishment system as a platform for election reminding voters that they supported this punishment tier system or that one. They do so in the effort to…… [Read More]
Security Plan Target Environment
Amron International Inc.
Amron International Inc. is a division of Amtec and manufactures ammunition for the U.S. military. Amron is located in Antigo, Wisconsin. Amron also manufacturer's mechanical subsystems including fuses for rockets and other military ammunitions as well as producing TNT, a highly explosive substance used in bombs.
Floor Plan Target Environment
The target environment in this security plan is the manufacturing operation located in Antigo, Wisconsin, a manufacturing plant with personnel offices adjacent to the facility. The work of Philpott and Einstein (nd) reports the fact that more than 50% of U.S. businesses do not have a crisis management plan and for those who do have a plan, it is generally not kept up-to-date. Philpott and Einstein states that even fewer businesses and organizations "have integrated physical security plans to protect the facility and the people who work in it.
The challenge is reported…… [Read More]
Juvenile and Adult Justice
Juvenile and Criminal Justice Systems
Similarities and differences: Juvenile and adult criminal justice systems
The goals of the juvenile justice and the adult criminal justice systems are fundamentally distinct. The goal of the juvenile justice system is to rehabilitate the offender and to provide aid and assistance to the juvenile, enabling him or her to become a more productive adult (La Mance 2010). In contrast, the purpose of the adult system is one of fact-finding, and is designed to see 'justice' done on a societal level: in the case of a guilty offender, this usually means him or her 'paying a debt' to society in the form of some kind of punishment. However, the adult system still does offer many rehabilitative programs for the majority of convicts, including educational and vocational training. And, depending on the state, if the severity of the crime is deemed significant…… [Read More]
The way that a society treats its criminals is indicative of the moral character and worthiness of that society. While it is easy for us to ignore and disregard the criminals amongst us by leading them to prison and throwing away the key, an important lesson is lost in this disregard for the human experience. In California the intolerance of violent crime and action has led to the development of the Three Strikes Law, which was implemented in 1994. As a policy maker I am firmly opposed to this law as I find it to be inhumane, impractical, excessively expensive and carried out in poor taste with a snobbish attitude towards those of us who have temporarily lost our way. A new policy is needed that can help address the important facts and details particular to the State of California and its unique needs.
Prisoners are…… [Read More]
Xander, an Illinois Juvenile Criminal Justice Case Study
The Illinois Criminal Justice Information Authority (ICJIA, 2012) operates under a statutory mandate to improve the administration of the criminal justice system in the State of Illinois. In order to perform this function the agency must be aware of all the operational details related to the Illinois juvenile criminal justice system (ICJIA, n.d.). The Illinois juvenile criminal justice system consists of 102 county systems that operate semi-independently from state agency oversight; therefore, the procedures of probation, detention, and corrections are the responsibility of the county juvenile systems. A distinct juvenile criminal justice system (JCS) in Illinois is relatively new, having been created in 2005 by the state legislature to separate adults from juvenile offenders within prisons and jails. A few years earlier (1998), legislation was passed that mandated a criminal justice policy of balanced and restorative justice.
According to the…… [Read More]
Supervision in the Criminal Justice Field
Problems and challenges facing a criminal justice organization
Supervision in the criminal justice system is an integral aspect of the inmate rehabilitation process. In this paper, we conduct an intensive investigation and examination of the supervisory problems as well as challenges that are unique to the criminal justice organizations. In our analysis, we provide the details of general supervision, management, leadership, personnel evaluation, motivation, mentoring and training.
Keller (2002) pointed out that inmate violence, vandalism, escape, unsanitary conditions, inmate suicide, and high level of stress as well as low staff morale are the main issues that inspire supervision in the correctional facilities. It is therefore necessary that effective inmate supervision as well as behavioral management be made integral elements in all correctional facilities. Keller (2002) went on to indicate that in a historical perspective most correctional facilities have been designed and run…… [Read More]
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. (urnet, 2004; p. 303).
The benefits of this special probation program is that John will retain enough…… [Read More]