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Chapter 10 Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice


Chapter 10 Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice Larry J. Siegel Kelly Gould Sacramento City ... – PowerPoint PPT presentation

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Title: Chapter 10 Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

Chapter 10 Community Sentences Probation,
Intermediate Sanctions, and Restorative Justice
Learning Objectives
  • Be familiar with concept of community sentencing
  • Know the history of community sentences
  • Recognize the different types of probation
  • Be familiar with the rules of probation
  • Know about the organization and administration of
    probation services

Learning objectives
  • List and discuss the elements of a probation
    departments duties
  • Be familiar with the legal rights of probationers
  • Debate the effectiveness of probation
  • Know what is meant by intermediate sanctions
  • Define restorative justice and discuss its merits

The History of Probation Community Sentencing
  • Traced to the Middle Ages
  • Judicial reprieve
  • Recognizance
  • Sureties
  • John Augustus and the Creation of Probation
  • Boston (1841) is credited with originating
    community sentencing in the U.S.
  • Augustus supervised more than 2000 convicted
  • In 1878, Massachusetts legislators authorized the
    appointment of a paid probation officer

Probation Today
  • Probation Defined
  • Criminal sentence that suspends or delays a
    correctional term in a prison or jail
  • Subject to rules and conditions
  • Be supervised by a probation officer
  • Most widely used correctional mechanism in the

Probation Today
  • 2,000 adult probation agencies in the U.S.
  • 2 million offenders placed on probation annually
  • (2009) more than 4 million offenders on probation
    in the U.S.

Probation Today
  • Awarding Probation
  • Subject to a set of rules or conditions mandated
    by the court
  • Violation of these conditions may result in
    revocation of probation requiring the original
    sentence to be served
  • Technical violations are the major cause of
  • Probation Eligibility
  • Original purpose was to provide a second chance
    for young offenders
  • Contemporary purpose is to ease jail and prison

Who is being sentenced to probation?
Probation Today
  • Conditions of Probation
  • Certain conditions or rules of behavior that the
    probationer is bound to obey
  • Sentencing judges have broad discretion
  • Standard conditions
  • Specific conditions
  • Cannot be capricious or cruel

Probation Today
  • Administration of Probation Services
  • Independent, statewide, local, or a combination
  • Juvenile and adult services can be separated or
  • Probation officers use discretion in monitoring
    and treating offenders
  • Social worker style
  • Law enforcer style

Probation Today
  • Elements of Probation
  • Pre-sentence investigation
  • Intake
  • Diagnosis/Risk Classification
  • Treatment
  • Supervision

Probation Today
  • Legal Rights of Probationers
  • Civil Rights
  • Fewer constitutional protections
  • Some rules on self-incrimination do not apply
  • Rules on search and seizure are not always the
  • Revocation Rights-
  • Due process rights apply during revocation

Probation Today
  • How Successful is Probation?
  • Most commonly used alternative sentence
  • Less expensive than incarceration
  • About 40 percent fail on probation most for
    technical violations of rules
  • Recidivism rate is less than those sent to prison

Probation Today
  • How successful is Felony Probation?
  • RAND study
  • Few distinguishable crime differences between
    felons sent to prison vs. felons sentenced to
    community supervision
  • Most felons sentenced to community supervision
    failed probation
  • Study findings still support community
    corrections for eligible offenders
  • Recidivism for felony probationers was less

Probation Today
  • Who Fails on Probation and Who Succeeds?
  • 20 of probationers have mental illness or
    history of instability
  • Probationers with criminal history, prior
    probation, and previous incarceration are mostly
    likely to fail
  • Probationers who are married with children,
    educated, stable, and employed are most likely to

Probation Today
  • The Future of Probation
  • Shift from diagnosis and treatment to an emphasis
    on risk assessment and control
  • Initiatives
  • Day fees
  • Rewarding effective probation agencies
  • Hotspot probation
  • Area needs
  • Specialized probation
  • Private probation
  • Swift and sure punishment

Intermediate Sanctions
  • Between probation and prison
  • Less costly
  • Helps offender maintain family and community ties
  • Structured to maximize security and maintain
    public security
  • Scaled in severity to seriousness of crime
  • Increased control over probationers
  • Can be used as halfway-back strategies for those
    who violate conditions of their community release

Punishment Ladder
Intermediate Sanctions
  • Fines
  • Used more often in lesser offenses or when
    financial profits were high
  • May discriminate against the poor who cannot pay
  • Many go uncollected
  • Day fines
  • Make the fine fit the offenders income

Intermediate Sanctions
  • Forfeiture
  • Used in civil and criminal cases
  • Civil forfeiture can be done without probable
    cause or any proof of a crime
  • Racketeer Influenced and Corrupt Organization Act
  • Zero tolerance
  • Restitution
  • Monetary restitution or community service
  • Benefits the victim, the offender, and the
  • Most restitution clients successfully complete
    and do not recidivate

Intermediate Sanctions
  • Shock Probation and Split Sentencing
  • Shock probation
  • Offenders serve a short prison term before they
    begin probation
  • Split sentence
  • 10 of probationers are now spending a portion
    of their sentence behind bars and the remainder
    in the community
  • Shock Incarceration
  • Boot Camps

Intermediate Sanctions
  • Intensive Probation Supervision
  • Involve small caseloads - (15-40 )
  • Clients closely monitored
  • Goals
  • Decarceration
  • Control
  • Reintegration
  • Effectiveness varies failure rates appear to be
    high, but it works better for some clients than
  • More successful for employed probationers than
    the underemployed or unemployed
  • More effective if combined with treatment

Intermediate Sanctions
  • House Arrest
  • Offender required to spend extended periods of
    time at home as an alternative to incarceration
  • Little standardization throughout U.S.
  • No definitive date indicating effectiveness

Intermediate Sanctions
  • Electronic Monitoring
  • Electronic transmission devices used to ensure
    compliance with house arrest
  • Newer devices utilize GPS technology for tracking
  • Lower costs, higher security
  • Overcrowding is reduced

Intermediate Sanctions
  • Residential Community Corrections
  • Usually non-secure buildings
  • Residents work and/or attend school during the
    day, return to the center at night
  • Used as pre-release center
  • Provide a structured environment for treatment

Intermediate Sanctions
  • Day Reporting Centers
  • Facilities that provide a single location for
    client reporting for supervision and treatment
  • Used as a step up for higher risk probationers
    and a step down for jail or prison inmates
  • Evaluations show success in reducing recidivism

Restorative Justice Programs
  • Restorative Justice
  • Restoring the damage caused by crime
  • Creating a system of justice which includes all
    parties harmed by the criminal act
  • All crimes bring harm to the community
  • Coercive punishment is inherently harmful to

Restorative Justice Programs
  • Concept of Restoration
  • Offenders must accept accountability for their
    actions and responsibility for the harm their
    actions caused
  • Justice policy needs to repair the harm caused by
    crime and involve all parties that have suffered
    including the victim, the community, and the

Restorative Justice Programs
  • Restoration Programs
  • Inclusion of all parties involved in a criminal
  • Intended result of the process is to repair
    injuries suffered by the victim, and the
    community, while ensuring reintegration of the
  • Methods
  • Negotiation
  • Mediation
  • Consensus building
  • Peacekeeping

Restoration in Practice
  • Schools
  • Police programs
  • Pretrial programs
  • Court programs

The Challenge of Restorative Justice
  • Entry may favor whites over minorities
  • Cultural and social differences may dictate what
    is restorative
  • Lack of a common definition
  • Balancing the needs of offenders with victims
  • Programs focusing on offender may turn off victim
  • Some believe victims rights are threatened by
    features of restorative justice
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