...CONDITIONS AND TERMS OF HOME ARREST CONFINEMENT The defendant,______________________ having been fully advised of the alternatives, does hereby acknowledge and agree to the following terms and conditions of .home arrest confinement: 1. The defendant shall be voluntarily confined to his/her agreed upon residence located at _________________________ City of _______________________County of ___________________ State of Ohio, which has an operating telephone number of ___________ for the total duration of his/her confinement, which is _______ days, commencing on or about _____________19____ and ending on or about _______________________, 19_____. 2. The defendant agrees to remain at the above residence at all times, except at those times approved by the Coshocton Municipal Court and the Home Arrest Department. The defendant also agrees not to leave the approved residence, except in the case of a life-threatening emergency. If the defendant has to leave the residence due to a life threatening emergency he/she will contact the Home Arrest Department by calling (740) 622-1052 within twenty-four (24) hours following the emergency. Other circumstances could constitute the offense of escape. The defendant understands that documentation and verification of any emergency will be required by the Court. 3. The defendant acknowledges that the above referenced telephone is a touch-tone line and is not a party tine and does not have an answering machine, call forwarding, call...
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...Monitoring and House Arrest Katelyn Fritz November 24, 2013 Introduction Electronic Monitoring (EM) and house arrest (HA) is a system that has been met with both trepidation and acceptance since its integration in the 1980’s. Though it goes by many names, including Community Sentencing and Intermediate sanctions, it still maintains a single identity. It is a form of punishment for offenders as an alternative to incarceration. This program applies to offenders chosen at the judge’s discretion and is based upon the offenders compliance, the nature of the infraction, and the burden on the system. Involved is a period of time where the offender is confined to his home under the supervision of a probation officer and some form of electronic monitoring. These monitoring options include the random call method (RC), an ankle monitor using radio frequency (RF) or GPS technology, or a combination thereof (Burell & Gable, 2008). Electronic monitoring is touted as an ideal means of reducing overcrowding in jails and prisons, but how effect is electronic monitoring and house arrest really? More than 30 years after its integration, there are several issues that have developed, or that have yet to be resolved. To demonstrate this lets us look at one example that occurred in the year 2000. Gerald A. Jones, a young, 18 year old man, was convicted of a robbery after sticking a gun into a woman’s face and stealing her watch. As a result, he was placed under house arrest with an electronic...
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...House arrest which is also called electronic monitoring is a measure by which a person is confined by the authorities to his or her residence. Offenders on house arrest are monitored by using an electronic sensor strapped to an offender’s ankle and linked by telephone lines to a central computer which emits a continuous signal. If a signal interruption occurs during a period when the parolee should be at home the offender could be subject to arrest. House arrest is a lenient alternative to prison time or juvenile-detention time. Many people support alternatives to incarceration, but do not feel like house arrest is effective enough. I developed a research question which is “Why does the public have negative feelings towards electronic monitoring? And how we can change the way they feel about electronic monitoring?” I found two scholarly articles based on my research question. The first article is called Electronic House Arrest: An Examination of Citizen Attitudes by Michael P. Brown and Preston Elrod. The second article is called Therapy and Comparative Criminology Changing Attitudes Toward House Arrest With Electronic Monitoring: The Impact of a Single Presentation? by Randy R. Gainey and Brian K. Payne. The first scholarly article entitled Electronic House Arrest: An Examination of Citizen Attitudes is very informative. It goes into great detail about the public’s attitude towards electronic monitoring. The article examines important dimensions of citizens’ perceptions...
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...Programs Administered by Probation Departments Programs Administered by Probation Departments Arhonda Smith Everest University CCJ1020-39_Week 9 Individual Work Professor Eileen Carlin March 11, 2012 House Arrest In the state of Louisiana which I reside in House Arrest Residential Community Corrections Residential community corrections programs are an alternative to prison and are intended to help reintegrate offenders into their communities. Programs provide a structured environment where offenders live, find employment, attend treatment, and reconnect with family and community. The offenders are allowed to leave the facility to participate in employment and treatment. Program staff provides supervision by conducting regular headcounts in the facilities, verifying offenders’ whereabouts when they leave the facilities, and performing periodic drug and alcohol tests. Nonresidential community corrections programs provide the lowest level of supervision in the community corrections system. Offenders live, work, and obtain treatment services in the community. Offenders typically transition from residential programs to nonresidential programs. Currently, 26 nonresidential programs operate in the State that serves diversion offenders. Transition offenders are placed in nonresidential programs overseen by the Department of Corrections. The importance of risk assessment to effective correctional programming is now well established (Andrews...
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...inmates guilty of a variety of crimes that included, embezzlement, drug manufacturing, child pornography, and murder were in your community, the average person would want to know where those criminals were located and shut that location down. In many cities across the United States, there are facilities that house these convicted inmates. The facilities are called halfway houses, and they were created to help an inmate that is released from prison transition into a community under supervision. The halfway house program can be a beneficial step in the process of an inmate’s release, and can reap lasting rewards for the inmates, the correctional system, and the communities they reside in. First, the inmate themselves benefit greatly from the opportunities given to them by a halfway house. The first time an inmate walks through the door, they are given a place to sleep, eat, and clean themselves up. The inmate is assigned a case manager, who is trained to help these individuals in the steps they take to become a productive member of society. These are just a few examples of the financial benefits that are brought to the communities by halfway houses. Having a halfway house in your community may not seem like an ideal situation, but given the success to the inmate, the financial savings to the Bureau of Prisons, and the financial benefits to the community, it seems likely that in the future there will be many more of these facilities. Its kind of like the waste water plant, you...
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...public. They play a vital role in the criminal justice process. The criminal offenders and the areas in which they work may be dangerous. The question of whether parole and probation officers should carry firearms has fueled controversy. Some who favor treatment-based model of supervision have objected to officers carrying a firearm, while others have embraced it. Some agencies throughout the United States have made carrying a weapon an option, some others have gone the mandatory route, while others still do not allow their officers to carry at all. Probation and parole officers experience violent incidents including verbal threats, attacks by offenders' dogs, bomb threats, physical assaults, and resisting arrest. Some argue that probation and parole agencies should authorize their officers to carry firearms in response to these challenges. Parole officers are supervising a violent offender population and are being asked to participate in more aggressive activities. Probation, like most important parts of the CJ system has tons of different positions from administration to actual Officers that get to work one on one with the offenders. The issue of probation/parole officers and firearms relates to whether the officer's role is counseling or law enforcement. Although some researchers argue that probation/parole officers cannot perform both roles, little research has focused on the views of the professionals. Many officers want the right to carry firearms...
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...Electronic Monitoring in the Netherlands EM Conference/CEP/speech Sjef van Gennip/7 mei 2009 The results of the evaluation report from the Scientific Research and Documentation Centre show that “Electronic Monitoring is seen as a punishment by the convicted”. According to the participants the intervention is definitely a punishment: it is very difficult and is a big test of your self-discipline and responsibility. Electronic Monitoring, also known as EM, with radio frequency identification equipment started as an experiment in the North of the Netherlands in 1995. The experiment lasted 2 years. A suspect or a convict would have a receiver placed in their home and would have to wear a transmitter. The evaluation of the Scientific Research and Documentation Centre was clear: “EM is a feasible alternative for the implementation of an unconditional prison sentence”. The researchers at the SRDC write: “This is true for both the application for community service and for detention sentences.” The report also shows that Electronic Monitoring is used more in cases of detention sentences than in the area of judicial verdicts. Judges seem to be reluctant to choose to use Electronic Monitoring as an instrument to keep track of the people. And to make sure their parole officer can check up on them. I believe this is disappointing, but we - as an organisation - are going to work hard on this. I will get back to this in a minute while I speak about the developments over the last few years...
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...The Penal Treatments of Offenders Prof. Dr. Ayman Elzeiny A:- The Ideology of Treatment : 'The abandonment of the word "punishment" in favor of "corrections" was a reflection of a trend favoring an approach to the offender much the same as would be made to the mentally ill, neglected, or underprivileged. It was based on a more humane ideology, a treatment model, in which criminal behavior is seen as a manifestation of pathology that can be handled by some form of therapeutic activity. However, although the criminal may be referred to as sick, a treatment ideology is not analogous to a medical approach. The justification for the comparison with physical and mental illness lies in the assumed need for the offender to recognize the danger and undesirability of his criminal behavior and make a significant effort to renounce it. The treatment model does not "remove" criminal behavior, as surgery might remove a malignancy or chemotherapy extinguish an infection; rather the "patient" or inmate is made to see the rewards of socially acceptable behavior and encouraged to adopt it as a mode of conduct for himself. (1) Contrary to some popular misconceptions, the treatment ideology does not mean that inmates are "coddled" and permitted to do as they please within an institution. ______________________________ (1) Sanford Bates, "The Establishment and Early Years of the Federal Probation System," Federal Probation 51 June 1987, p : 4-9. - National Advisory...
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...Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nation's criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn't until the late 1980's when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders. Unlike jail or prisons, which create an expensive cycle of violence and crime, these alternatives actually prevent violence and strengthen communities. Community corrections programs provide many communities with local punishment options as an alternative to prison or jail. These sanction programs are lower cost alternatives to the increased prison and jail constructions, based on the cost per offender. These programs provide local courts, state departments of corrections, and state parole boards with a broad range of correctional options for offenders under their jurisdiction. The overall goals of these programs are to fit the appropriate punishment with the crime, the offender is punished and held accountable, and the public safety is protected. There are several programs available as an alternative to incarceration, the earliest being probation. Probation is still widely used for first time offenders. This program allows the offender a sort of second chance in the community...
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...Jail and Prison Paper John Quackenbush CJA/204 March 11, 2013 Steve Nance Jail and Prison Paper In order to keep the public’s streets safe all offenders must be sentenced and sent to prison, jail, or some rehabilitation program where the offender can better him or herself. However, it must depend on what kind of crime the offender committed. If the offender was selling drugs, he or she is sentenced to a federal prison, but if he or she where to be receiving threats because he or she witnessed a drug deal while dealing he or she is sent to jail for protection. Jail and prison have always had bad reputations of violence occurring inside the facility. Therefore, those who are let out early on good behavior are ecstatic to be out of such chaotic environment. Upon being released the individual will be placed on either probation or parole. Both probation and parole have law enforcement professionals who will supervise the newly reintegrated individual while he or she is trying to get his or life back on track. Parole and probation officers often encourage the individual to enroll into school or start a new career. There are three security levels of prisons and there are two types of prisons. The two types of prisons are Federal and State prisons. Federal prisons hold individuals who commit federal crimes such as smuggling drugs. State prisons hold individuals that are convicted of crimes of the State. The three levels of security of prisons are minimum, medium, and maximum...
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...or private facilities, and are classified by security levels. Security levels in state go from level one to four acting as maximum, federal level one acting as a maximum to level five acting as an administrative, special needs unit. Private prisons are contracted by the state and federal ones to reduce spending. Jails and prisons both house inmates however, have a distinct difference. Jail is for the low level convicted, non-convicted, protected and a holding place for the Jails mentally ill. Jails, such as the Fresno County jails operate to protect the immediate community. Prison is strictly for the convicted. California state prison Corcoran houses the convicted and commits to wellness of the inmates through medical, dental, and educational needs. Inmates in prison and jail adapt to the environment around them and commit to the prisonization culture discussed later in the paper. * * Prisons in the Unites States are identified as federal, state, or privately run institutions. Within each of the institutions prisons are classified by security levels. The security levels in state prisons range from level one through four. Level four houses the higher security level inmates. State prisons also provide special security housing units for inmates with special needs, such as mental health, disabilities, high threat levels, and protective custody. Federal prisons operate with five levels of security. High security as level two and decreasing security to level five the minimum...
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...barangay? A: It is in PugadBaboy St. San Andrews, Manila Q3: How long have you been a barangay tanod? A: I have been a tanod for 2 years now. Q4: What are the principal duties of your profession? A: My responsibility includes keeping the security of our barangay, traffic control, making arrests if there is a crime happening and there are no police to make the arrest. Q5: Where you the one who arrested the suspect BOB ONG? A: Yes, me and some of the tanods as well Q6: What day was this? A: Sunday, January 5, 2013 Q7: At what time did you make the arrest? A: It was 2:00 in the morning Q8: Are you sure? A: Yes Q9: How can you be sure? A: I looked at my wristwatch, and because I studied law and it taught me that whenever you make arrests, you should always be aware of every detail including the time. Q10: Can you tell us what occurred before you arrested the suspect? A: My fellow tanods and I were making the usual rounds in our barangay, when we got to PugadBaboy St. we saw someone jumping down from a wall. Q11: How high was the wall? A: It was about 8 feet. Q12: Is this wall part of a house? A: Yes Q13: Whose house?...
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...Authentic Case Assessment on Laws Authentic Case Assessment on Laws The Fourth Amendment The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants) is the Fourth Amendment to the Constitution, above cited in toto. The Fourth Amendment is applicable only to government arrests as opposed to privately conducted ones, and in cases when the privacy of a person is intruded upon as when a search or arrest is conducted. The provision implicitly advances the exclusionary rule in criminal procedure which states to the effect that no evidence is admissible in court that was obtained in violation of the Fourth Amendment (Bacigal 2008 p.147). This rule was asserted in the landmark case of Mapp v Ohio, 367 US 643 (1961) where a woman’s house was searched by police authorities, who has acted on a tip that she was hiding certain bomb suspects, without a search warrant. Finding no bomb suspect, the police instead arrested her for the lewd pictures and books found in her basement on the strength of an Ohio law which prohibited their possession. After convicted in the lower court, a conviction that was affirmed...
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...Self Assessment Self Assessment: Search and Seizure Introduction Question 1 The rules of criminal procedure are derived primarily from: Question 1 options: a) the Fourth Amendment b) the Constitution c) the Fourteenth Amendment d) the Bill of Rights Question 2 Core due process rights include: Question 2 options: a) right to jury trial b) exclusion of unlawfully obtained evidence c) state must prove guilt beyond a reasonable doubt d) all of the above Question 3 The Fourth Amendment concerns: Question 3 options: a) confessions b) right to jury trial c) search and seizure d) due process Question 4 The Fifth Amendment concerns: Question 4 options: a) self-incrimination b) search and seizure c) photographic evidence d) cruel and unusual punishment Question 5 A defendant's right to counsel is derived from: Question 5 options: a) the Fourth Amendment b) the Fifth Amendment c) the Sixth Amendment d) the Fourteenth Amendment Applicability of the Fourth Amendment Question 6 A mother finds cocaine in her child's bedroom and calls the police. The evidence will not be suppressed because: Question 6 options: a) the child does not have standing b) there is no state action c) mothers are supposed to snoop d) it is considered abandoned Question...
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...dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace in his own house.’ However it was the King’s peace that gradually enveloped the lands, and thus any breach of peace was a breach of the King’s own.Despite this understanding, there is a paucity of formal literature...
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