Probation and Parole. Probation  Court ordered  Suspended Sentence  59% of convicted criminals are on probation.  Abide by conditions  General –

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<ul><li> Slide 1 </li> <li> Probation and Parole </li> <li> Slide 2 </li> <li> 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 </li> <li> Slide 3 </li> <li> 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 worlds first probation officer. By the time Augustus passed away, he had supervised over 2,000 offenders. </li> <li> Slide 4 </li> <li> 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. </li> <li> Slide 5 </li> <li> 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) </li> <li> Slide 6 </li> <li> Probation Conditions General conditions Maintain employment Obey laws No guns Stay within the state/county Pay fine Home visits from probation officer </li> <li> Slide 7 </li> <li> Probation Conditions Specific Conditions Surrender drivers license Be subject to blood, urine, breath tests Community service GED No contact with co-defendants/ victims </li> <li> Slide 8 </li> <li> 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 </li> <li> Slide 9 </li> <li> Parole Conditions Similar to Probation conditions Dont leave the state Report to parole officer Employment Surprise visits from parole officer Pay restitution </li> <li> Slide 10 </li> <li> Parole statistics At year end 2005, nearly 784,400 people were on parole. 94% of those on parole had a sentence &gt; 1 year Women are 12% of parolees 45% successfully complete parole, 38% return to jail/prison 11% abscond (run-off). </li> <li> Slide 11 </li> <li> 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 4 th Amendment normally provides for privacy, probation presents special needs beyond normal law enforcement that may justify departures. </li> <li> Slide 12 </li> <li> Searches of Probationers Pennsylvania Board of Prob. And Parole v. Scott Exclusionary rule doesnt apply to parole officer searches. </li> <li> Slide 13 </li> <li> Searches of Probationers/Parolees U.S. v. Knights Search of a probationers home by police officers on reasonable suspicion does not violate the 4 th Amendment. </li> <li> Slide 14 </li> <li> 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. </li> <li> Slide 15 </li> <li> Parole Revocation Dont 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. </li> <li> Slide 16 </li> <li> 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. </li> <li> Slide 17 </li> <li> 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. </li> <li> Slide 18 </li> <li> Parole Revocation hearings Morrissey 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.** </li> <li> Slide 19 </li> <li> Advantages to probation/parole 1. Lower cost 2. Increased employment 3. Restitution 4. Community support family support 5. Reduced risk of criminal socialization prisons 6. Increased use of community services - counseling 7. Increased opportunity for rehabilitation </li> <li> Slide 20 </li> <li> Disadvantages of Probation and Parole 1. Lack of punishment 2. Increased risk to the community 3. Increased social costs child support, welfare, health care, etc. </li> <li> Slide 21 </li> <li> 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??? </li> <li> Slide 22 </li> <li> 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? </li> <li> Slide 23 </li> <li> 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?? </li> </ul>