...could not make bail and was held in jail for 60 days. The Judge sentenced him to 1 year in jail but later the sentence was suspended and was given probation and told to report back to the Court in 3 months. In reviewing Kris’s Pre-Sentence report, it looks like he was given probation at the age of 13 for a case involving battery. During his probation he arrested again for criminal trespass and given additional probation time. He did successfully complete his probation. This incident of shoplifting was his first arrest since being an adult. Kris does admit to occasionally drinking and using drugs but at this time he is ready to get his life in order, including recently getting married and he hopes to be able to go to college. He has a positive relationship with his parents and has no mental history problems. I believe that Kris being given probation was the correct measures to take. He has only had one offense since being an adult and he is now married and wants to make his life better. Since he has no prior history of sexual abuse and has a good relationship with both his parents I do not think he is a high risk candidate. Profile of so-called perfect probation candidate The most non-violent offenders would be my ideal candidate for probation. The offender would have to be willing to stick to all guidelines of the probation. I think it depends strictly on what jurisdiction the candidate is in and what level of supervision and intervention treatments plan they may have...
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...Probation and Punishment Criminal Justice 06/09/2014 Professor Karina Probation and Punishment Probation is an option provided by the court as a form of supervised punishment for criminal offenders that do not pose a major threat to society. After reviewing the file of Kris, Robert Donovan, a Jurisville probation officer, has suggested intensive probation. Probation officers review the file of a criminal defendant and make recommendations to the court. Intensive probation refers to supervision by a probation officer that is highly structured and designed to divert the offender from going to prison. Criminal defendants sent to prison are far more likely to commit further crimes upon their release then the defendant placed on probation. When reviewing the case of Kris the probation officer would have seen that the defendant committed a nonviolent crime with the theft of the jacket but Kris confessed to committing the crime which is a felony and must be punished. Instead of sending Kris to jail, where he will potentially learn new criminal skills, he can be placed on probation and given an opportunity to learn a new set of behaviors towards crime. Probation does not only allow the criminal defendant to avoid jail it provides an opportunity for the probationer to make positive changes and become a more productive member of society (Howell, 2009). Secondly probation helps to relieve overcrowding in prison. Many prison systems are overcrowded with prison...
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...Punishments and reform Effective reform measures.Various effective Reform measure consist of, retribution, restorative justice and many others. Sentencing can involve prison or jail time along with juvenile detention centers. First off, jails and prisons may sound a lot alike but These two types of reform measures are ones I believe to be some of the most effective when it comes to preventing an inmate from becoming part of the recidivism percentile. Now, even though jails hold inmates for shorter amounts of time that doesn’t necessarily mean that the time they’ve served there hadn’t impacted their lives. Prisons on the other hand are the ones I would like to think have a greater effect on a prisoner. Possibly even giving them a reality check on their own lives furthermore making them want to change for the better. Personally I’ve seen how hard it can be for a former inmate to be accepted back into society and it was far from easy. Sure they went back a time or two but now they’ve learned their lesson and have changed their ways. Moving on to juvenile detention centers, there are more for minors as you may already know, but facilities like these have the potential and resources to help minors back onto the right path and away from prisons and jails. Community sentencing, These are sentences given by judges who have three options to choose from “prison, community service or pay a fine.” the sentencing depend on the crime that has been committed by the convict. Some of these...
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...to evolve. I will then talk about the definition of parole and how it differs from mandatory release. Then I will go into probation, explaining what probation is and how it compares to the other forms of sentencing. Finally, I will talk about the definition of community corrections, and the different options of community corrections that exist. I will give my personal opinion on whether I think there are better solutions to the current parole process, probation system, and the community corrections options. Rehabilitation Rehabilitation is a form of punishment that really started to develop in 1945. This was the era known for using treatment, therapies, and education for criminals. Rehabilitation is act of restoring criminals to a proper state so they can be an active participant in society upon release from prison. According to “Wikipedia” (2013), “The assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society” (para. 1). This is very important for criminals that are mentally ill, or have some medical issues. Sometimes criminals need treatment and education to assist them with getting and staying on the right path. A path for success and renovation. Parole Parole is an extension of a criminal’s punishment. Parole allows a prisoner to escape from the walls of prison into the civilian world while participating in some form of community...
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...list them in order of the sanctions that you believe are most effective (1 for most effective and 8 for least effective). For each one, describe its strengths and weaknesses with respect to the goals that should be accomplished: 1. Intensive Probation Supervision - Intensive probation supervision is used when offenders need more strict supervision that what regular community programs are able to provide. Intensive probation programs impose on the offender strict conditions when it comes to reporting to the probations officer. This probation officer in turn has a limited caseload. There are two types of intensive probation supervision. Probation diversion is intensive surveillance and is used on high-risk offenders. Institutional diversion is used for low-risk offenders and is supervision in the community. Weaknesses: This program may have a limited benefit on offenders who have many problems, such as unemployment, lack of support, and drug and alcohol problems. Some argue this program actually increases the number of probationers sent back to prison. This is because probation officers have closer contact with the offender and will discover more rule violations than regular probation. Strengths: Intensive probation programs have been shown to decrease the chances of reoffending if non-criminal behavior is rewarded (Cole et al., 2013). 2. Day Reporting Centers - A day reporting center is where an offender must report to each day to fulfill parts of the...
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...of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. The relationship between sentencing and punishment in today’s courts in my opinion are carried out efficiently and effectively. The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is a form of taking revenge on a criminal. Retribution in the early days was an eye or an eye situation where now it can be perceived as the implementation of justice in the criminal justice system. Incapacitation, is imprisoning a criminal to reduce the odds that the criminal will commit more crimes in the future. Deterrence is the attempt to inhibit criminal activity by using the fear of punishment. Rehabilitation is the attempt to reform a criminal offender through education and psychological treatment to reduce the likelihood of future criminal activity (Schmalleger pg 375). Restoration is an attempt to make the victim whole again which in my opinion I would describe as making the victim feel secure that their perpetrator is now somewhere where they cannot commit another crime. Therefore, the five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. The six forms of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. Fines are said to be one of the oldest forms of punishments and...
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...Criminal Justice The theory of deterrence says that punishment for a crime will dissuade people from committing crime. There are two types of deterrence : general deterrence and specific deterrence. General deterrence is defined by Siegel (2011) as “a crime control policy that depends on the fear of criminal penalties, convincing the potential law violator that the pains associated with crime outweigh it's benefits.” (p. 95). In other words, general deterrence uses the punishment of one person's crime to teach the rest of society that this is what will happen to you if you commit this crime or any crime like it. It is meant to scare others so that they will not commit crime. Siegel (2011) defines specific deterrence as “the view that criminal sanctions should be so powerful that offenders will never repeat their criminal acts.” (p. 99). This form of deterrence is geared at stopping the offender from re-offending by making their punishment as harsh and unpleasant as possible. Today in society, the main concern with the criminal justice system is deterrence. The question is, what types of deterrence do we currently use and do they work? In this paper, we will overlook a few forms of deterrence that are currently used in the American Criminal Justice System. The most frequently used form of deterrence is imprisonment. This is also the oldest form of deterrence. The majority of society believe that the harsher the punishment the better. The mindset is to lock everyone up...
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...Guide Probation - is a sentence that does not include confinement and imposes conditions governing the release of the offender into the community, based on good behavior. Note – Both the suspended sentence and probation mitigate the punishment for an offender through a judicial procedure, and their earliest antecedent is found in the right sanctuary. (Cited in Bible) The Right of Sanctuary – was written into Mosaic Law. Privilege to avoid punishment by the offender’s relocation to a sacred city or location. Note – The Right of Sanctuary was replaced with Benefit of the Clergy. The exclusion of offenders from the death penalty if able to read Psalm 51 (particular segments) of ancient text. (Neck Verse where the clergy can’t be hanged cause he knows the verse) Stigma – A mark of shame and disgrace attached to the offender by virtue of his or her having committed an offense. Sursis – A suspended sentence in European countries requiring no future punishment provided the offender remains crime free during a specified time period. John Augustus - A Boston shoemaker is credited with being the father of probation. Probation – the purpose of probation is to assist in reducing the incidence and impact of crime by probationers in the community. The core services of probation are to provide investigations and reports to the court, to help develop appropriate court dispositions for adult offenders and juvenile delinquents, and to supervise those persons placed on probation. Note...
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...crime. Most murders, rapist and child-molester’s get sent to prison usually for life. The offenders that we send to prison lose their liberty and freedom (2014. JusticeAction). We send offenders to prison as a preventative measure to make sure they don’t reoffend (2014. JusticeAction). Next we have jail as a punishment for offenders. Most people don’t realize there is a difference between prison and jail. Jail is a short term sentence, prison is a long term sentence (2014 FindLaw, a Thomson Reuters Business). We put offenders in jail that have been arrested, given a one year sentence and cannot bond out of jail (2014 FindLaw, a Thomson Reuters Business). We also have probation as a punishment for offenders. Probation is usually given to an offender as a second chance if they have not committed a heinous crime. Most offenders who commit a misdemeanor are usually given probation because they are not a threat to society. Some things a person must do on probation is check in with their probation officers, take random drug test, have restrictions with alcohol, and required counseling (Prince William County Government). There is also the electric monitoring that is a punishment for offenders. Electric...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. The six forms of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. The five philosophical reasons for sentencing criminals are listed as: retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is commonly known and/or viewed as vengeance or “eye for an eye”. It is perhaps one of the earliest known forms of punishment that pre-dates before any formal justice systems were enacted (Schmalleger, 2011). Previously, this form of punishment was brought on by whoever believed they were the victim of a crime. The victim seeking retribution was judge, jury, and in some cases executioner. While this still occurs today, it is not as common as it once was due in part to our formal judicial system. Incapacitation is the act of imprisoning a criminal in order to reduce any harmful acts upon citizens or society in general (Schmalleger, 2011). This method uses confinement or prisons as a means to keep criminals at bay, however some advocates are trying to initialize a rehabilitation method instead of locking away criminals (Schmalleger, 2011). Deterrence is the attempt to inhibit criminal activity by using the fear of punishment. Prevention is the goal and driving force behind deterrence and aims to prevent repeat offenders as well as new offenders (Schmalleger, 2011). Some believe...
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...committed crimes. Capital punishment, torture, and painful physical penalties were the verdicts to criminals. Criminals were thought to have evil within them. That is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for driving under the influence. Probation is a punishment that allows criminals to remain at home to serve their sentence. In some instances they may have to have a job or go to counseling. There will be a probation officer assigned to the criminal by the judge that will be in charge of them. If at any point a criminal violates their probation they will have to serve the...
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...offender in regards to the punishment they shall fulfill before or after trial. This refers to any way ranging to non imprisonment yet supervised ways used to deal with criminal offenders who are facing conviction or who has been convicted.. There are punishment an offender may receive such as fines, community service, electronic surveillance also know as house arrest, shock probation, intensive supervision, residential community supervision etc. The most common punishment used by the justice system is probation as well as parole. Probation is the release of an offender from detention , subject to a period of good behavior under supervision. An individual may be granted probation as an alternative to prison and sometimes may be given probation after incarceration. Parole on the other hand is the release of a prisoner temporarily or permanently before the completion of a sentence , on the promise of good behavior. Parole differs from probation because anyone granted parole had to have served a prison sentence. The are similar in the fact that both probation and parole are a contract stating that if any of the requirement, rules or regulations are broken you will then be incarcerated. One of the alternatives to prison or jail that I mentioned was shock probation. Shock probation is a punishment ,which is imposed by the court in regards to releasing the offender back into the community under the conditions of the suspended sentence. Shock probation is mostly offered to first...
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...Community corrections is a range of alternative punishments for nonviolent offenders. There are two basic community corrections models in the United States. In the first model, integrated community corrections programs combine sentencing guidelines and judicial discretion ("front-end") with a variety of alternative sanctions and parole and probation options. In the second model, some states have instituted programs in which correctional officials may direct already sentenced offenders into alternative sanction programs and parole and probation options ("back-end"). Both models are designed to help reduce prison overcrowding and are less expensive alternatives to prison. Widespread development of community correction programs in the United States began in the late 1970's as a way to offer offenders, especially those leaving jail or prison, residential services in halfway houses. The first state community correction programs began in Oregon, Colorado, and Minnesota as pilot projects with very little government-funded support. They diverted nonviolent offenders in selected pilot project areas from jails and state prisons into local alternative punishment programs. The programs were referred to as "front-end" sentencing because they allowed judges to sentence offenders to a community-based punishment rather than jail or prison. Rehabilitation programs were the preferred punishment option. In the late 1980's, prison systems across the country began experiencing serious overcrowding...
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...Probation System There are three theories or models of criminal justice. The first one is the retributive theory while the second is the rehabilitate theory and the last is the restorative theory. The first basically concerns itself with the punishment of people by putting them in boot camps, in order to deter their ways. Such instills discipline and fear, which in turn reduces crime. The second one believes that working with these people change their ways to reduce crime, the U.S. Penal System: Restorative and Retributive Justice. The third aims to reintroduce and reincorporate the person back into the community after retribution or rehabilitation. To begin, the first one is optimistic and believes that people are innately good such that prison cells are built so that the prisoner inside the cell can be silent. As he is silent, he can meditate on his wrong-doings. This tradition believes that then spiritual transformation may take place thus rehabilitating such person. On the other hand, the second one is pessimistic, which is why facilities were built to bring about obedience. What is done is to “instill habits of work in people, help build their skills then they will be rehabilitated. The third one, which believes that true rehabilitation, takes place when such person is allowed back into the community and is a combination of both retributive and rehabilitative theories, such as deter future and past criminals from doing a crime because the threat of incarceration...
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