Probation and Parole

Probation

Court ordered Suspended Sentence 59% of convicted criminals are on

probation. Abide by conditions

General – applies to all probationers Specific – applies to one specific

probationer

Probation History

English courts began the practice of “binding over for good behavior.”

Offenders were placed in the custody of willing citizens.

John Augustus –

Boston shoemaker who observed court proceedings and volunteered to take home drunkards.

He was considered the world’s first probation officer.

By the time Augustus passed away, he had supervised over 2,000 offenders.

Probation Statistics

4.2 million men and women were on federal state or local probation at the end of 2005.

23% of probationers are women On average about 60% successfully

complete probation Year end 2005 Tennessee had

49,300 people on probation.

Probation statistics

PERCENTAGE OF PEOPLE ON PROB. BY CRIME

5% of people convicted of homicide 21% of convicted sex offenders 12% of convicted robbers 30% of those convicted of

aggravated assault. (Mote shot fiance in chest for canceling their wedding)

Probation Conditions

General conditions Maintain employment Obey laws No guns Stay within the state/county Pay fine Home visits from probation officer

Probation Conditions

Specific Conditions Surrender driver’s license Be subject to blood, urine, breath tests Community service GED No contact with co-defendants/ victims

Parole

A convicted offender is conditionally released from prison before his/her sentence expires.

Parole Board decides. Discretionary May be returned to prison if they

violate the terms of their parole

Parole Conditions

Similar to Probation conditions Don’t leave the state Report to parole officer Employment Surprise visits from parole officer Pay restitution

Parole statistics

At year end 2005, nearly 784,400 people were on parole.

94% of those on parole had a sentence > 1 year

Women are 12% of parolees 45% successfully complete parole,

38% return to jail/prison 11% abscond (run-off).

Searches of Probationers

Griffin v. Wisconsin Probation officers can search a

probationers home without a warrant or probable cause. – probation is a form of imprisonment.

• Though the 4th Amendment normally provides for privacy, probation “presents special needs beyond normal law enforcement that may justify departures.”

Searches of Probationers

• Pennsylvania Board of Prob. And Parole v. Scott

Exclusionary rule doesn’t apply to parole officer searches.

Searches of Probationers/Parolees U.S. v. Knights

Search of a probationers home by police officers on reasonable suspicion does not violate the 4th Amendment.

Probation Revocation

If someone violates the terms and conditions of his/her probation he or she can be ordered to serve the original sentence

Probation violation hearing in front of the judge.

Plea bargain.

Parole Revocation

Don’t abide by the conditions. Most common:

Failure to report Failure to participate in rehabilitation

program Alcohol/drug abuse

Revocation hearing in front of the paroling authority.

Serve out the remainder of the sentence.

Revocation Hearings

•Mempa v. Rhay (1967)•U.S. Supreme Court held that in probation revocation decisions both notice and a fair hearing are required and probationer must have the opportunity to be represented by counsel.

Revocation Hearings

Gagnon v. Scarpelli U.S. Supreme Court held

that probationers are entitled to two hearings:

A preliminary hearing to determine whether or not the probationer should remain in jail.

A more comprehensive hearing prior to the final decision about revocation.

Parole Revocation hearingsMorrissey v. Brewer Right to notice of violation Evidence disclosed Neutral and detached hearing body Chance to appear and offer a defense Cross examine witnesses Written decision ** right to attorney if indigent.**

Advantages to probation/parole1. Lower cost2. Increased employment3. Restitution4. Community support – family support5. Reduced risk of criminal socialization

– prisons6. Increased use of community services -

counseling7. Increased opportunity for rehabilitation

Disadvantages of Probation and Parole1. Lack of punishment2. Increased risk to the community3. Increased social costs – child

support, welfare, health care, etc.

ProbationQuestions

5% of murderers and 21% of sexual offenders are sentenced to probation..

Should murderers or sexual offenders be sentenced to probation?

Would there be any crimes for which you would exclude probation as a sentencing option?

Why???

Questions

Do communities have the right to be informed when ex-convicts are released?

What competing rights must parole boards weigh?

Whose rights or needs should be given the greatest consideration?

Should parole boards have immunity for “bad decisions?”

Parole???

Parole is used to reduce overcrowding…

Should parole be eliminated?

Are there other mechanisms states can use to reduce prison populations? What are they??