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CJ 2011
   James A. Fagin




    Chapter 10:
Probation and Parole
After completion of this chapter, students should be able
to:
Understand why the criminal justice system provides for early
release of inmates
Know the differences between diversion, probation, parole,

mandatory release, good-time release, and pardon
Explain the origins, reasons for, and advantages of probation

Explain the origins, and the pros and cons of parole




CJ 2011                                                       © 2011 Pearson Higher Education,
James A. Fagin                               Upper Saddle River, NJ 07458. • All Rights Reserved.
                               2
   Incarceration that includes diversion for
    defendants, probation or suspended sentence
    for convicted offenders, and parole or early
    release for prisoners




CJ 2011                                              © 2011 Pearson Higher Education,
James A. Fagin                      Upper Saddle River, NJ 07458. • All Rights Reserved.
                          3
     Mandatory Release: law requires prisoners to
       be released once they have served their entire
       sentence
      Good-Time Credit: a strategy of crediting
       inmates with extra days served toward early
       release, in an effort to encourage prisoners to
       obey rules
      Sentencing Reform Act of 1984

CJ 2011                                                 © 2011 Pearson Higher Education,
James A. Fagin                         Upper Saddle River, NJ 07458. • All Rights Reserved.
                             4
     Executive Pardon: an act by a governor or the
       president that forgives the prisoner and rescinds
       the sentence
      Commutation of Sentence: reduction in the
       severity or length of an inmate’s sentence,
       issued by a state governor or the president



CJ 2011                                                 © 2011 Pearson Higher Education,
James A. Fagin                         Upper Saddle River, NJ 07458. • All Rights Reserved.
                            5
     John Augustus (1784-1859)
            Boston shoemaker who observed court

             proceedings and volunteered to take home
             offenders and provide them with work
            By the time Augustus passed away, he had

             assisted over 2,000 offenders
         In 1878, Massachusetts passed legislation
          establishing first ‘paid’ probation officer
          position

CJ 2011                                                  © 2011 Pearson Higher Education,
James A. Fagin                          Upper Saddle River, NJ 07458. • All Rights Reserved.
                              6
1.         A sentence of prison time is an inappropriate
             punishment
  2.         Public would not be at serious risk if the offender
             is released into the community
  3.         The offender would not benefit from any prison-
             based rehabilitation program or vocational program
  4.         The offender can support himself or herself
  5.         The offender should not be confined due to mental
             illness
  6.         The offender will not commit other crimes

CJ 2011                                                           © 2011 Pearson Higher Education,
James A. Fagin                                   Upper Saddle River, NJ 07458. • All Rights Reserved.
                                    7
     Much cheaper than prison ($1,000/person per
       year)

      Promotes rehabilitation through employment,
       opportunities for normal social relations, and
       access to community services and resources

      Employment enables offenders to support
       themselves and to pay taxes
CJ 2011                                                © 2011 Pearson Higher Education,
James A. Fagin                        Upper Saddle River, NJ 07458. • All Rights Reserved.
                            8
     If offenders test positive for drugs
      If offenders are found in possession of a
       weapon
      If offenders commit another crime
      If offenders lose employment
      If offenders fail to complete a treatment
       program


CJ 2011                                                 © 2011 Pearson Higher Education,
James A. Fagin                         Upper Saddle River, NJ 07458. • All Rights Reserved.
                            9
     Parole provides for the early conditional
        release of prisoners
       It is decided by parole boards
       It is supervised in the community by probation
        and parole officers




CJ 2011                                                © 2011 Pearson Higher Education,
James A. Fagin                        Upper Saddle River, NJ 07458. • All Rights Reserved.
                            10
     Parole Board is responsible for deciding whether
        an inmate is to receive early release

       Independent Model: Parole Board is an
        autonomous administrative unit with the power to
        make parole release decisions

       Consolidated Model: Parole Board is under the
        authority of the state Department of Corrections as
        a specialty unit within the department that makes
        decisions about conditional early releases
CJ 2011                                                     © 2011 Pearson Higher Education,
James A. Fagin                             Upper Saddle River, NJ 07458. • All Rights Reserved.
                               11
     Parole boards decide who to release when the
       prison system is ordered to reduce its
       population due to overcrowding

      The conditions of imprisonment caused by
       overcrowding can be argued as a violation of
       the Eighth Amendment


CJ 2011                                               © 2011 Pearson Higher Education,
James A. Fagin                       Upper Saddle River, NJ 07458. • All Rights Reserved.
                           12
     Can be revoked for violation of a condition
        of release, a technical violation, or for
        commission of a new crime

       Less than 50% of parolees are successful in
        maintaining their freedom after release

       Morrissey v. Brewer (1972)
CJ 2011                                                 © 2011 Pearson Higher Education,
James A. Fagin                         Upper Saddle River, NJ 07458. • All Rights Reserved.
                            13
     Probation and parole officers are case workers
       with law enforcement powers, who supervise
       convicted offenders in the community




CJ 2011                                                © 2011 Pearson Higher Education,
James A. Fagin                        Upper Saddle River, NJ 07458. • All Rights Reserved.
                           14
1.         A case worker to help clients succeed in their
            reintegration into the community and fulfill
            the conditions of their release
 2.         A resource broker to help parolees to obtain
            services, treatment, social benefits,
            educational opportunities, and employment
 3.         A law enforcement officer and officer of the
            court, empowered to enforce compliance with
            the court’s orders and obedience to the law
CJ 2011                                                    © 2011 Pearson Higher Education,
James A. Fagin                            Upper Saddle River, NJ 07458. • All Rights Reserved.
                               15

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0131389033 ppt10

  • 1. CJ 2011 James A. Fagin Chapter 10: Probation and Parole
  • 2. After completion of this chapter, students should be able to: Understand why the criminal justice system provides for early release of inmates Know the differences between diversion, probation, parole, mandatory release, good-time release, and pardon Explain the origins, reasons for, and advantages of probation Explain the origins, and the pros and cons of parole CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 2
  • 3. Incarceration that includes diversion for defendants, probation or suspended sentence for convicted offenders, and parole or early release for prisoners CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 3
  • 4. Mandatory Release: law requires prisoners to be released once they have served their entire sentence  Good-Time Credit: a strategy of crediting inmates with extra days served toward early release, in an effort to encourage prisoners to obey rules  Sentencing Reform Act of 1984 CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 4
  • 5. Executive Pardon: an act by a governor or the president that forgives the prisoner and rescinds the sentence  Commutation of Sentence: reduction in the severity or length of an inmate’s sentence, issued by a state governor or the president CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 5
  • 6. John Augustus (1784-1859)  Boston shoemaker who observed court proceedings and volunteered to take home offenders and provide them with work  By the time Augustus passed away, he had assisted over 2,000 offenders  In 1878, Massachusetts passed legislation establishing first ‘paid’ probation officer position CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 6
  • 7. 1. A sentence of prison time is an inappropriate punishment 2. Public would not be at serious risk if the offender is released into the community 3. The offender would not benefit from any prison- based rehabilitation program or vocational program 4. The offender can support himself or herself 5. The offender should not be confined due to mental illness 6. The offender will not commit other crimes CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 7
  • 8. Much cheaper than prison ($1,000/person per year)  Promotes rehabilitation through employment, opportunities for normal social relations, and access to community services and resources  Employment enables offenders to support themselves and to pay taxes CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 8
  • 9. If offenders test positive for drugs  If offenders are found in possession of a weapon  If offenders commit another crime  If offenders lose employment  If offenders fail to complete a treatment program CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 9
  • 10. Parole provides for the early conditional release of prisoners  It is decided by parole boards  It is supervised in the community by probation and parole officers CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 10
  • 11. Parole Board is responsible for deciding whether an inmate is to receive early release  Independent Model: Parole Board is an autonomous administrative unit with the power to make parole release decisions  Consolidated Model: Parole Board is under the authority of the state Department of Corrections as a specialty unit within the department that makes decisions about conditional early releases CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 11
  • 12. Parole boards decide who to release when the prison system is ordered to reduce its population due to overcrowding  The conditions of imprisonment caused by overcrowding can be argued as a violation of the Eighth Amendment CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 12
  • 13. Can be revoked for violation of a condition of release, a technical violation, or for commission of a new crime  Less than 50% of parolees are successful in maintaining their freedom after release  Morrissey v. Brewer (1972) CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 13
  • 14. Probation and parole officers are case workers with law enforcement powers, who supervise convicted offenders in the community CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 14
  • 15. 1. A case worker to help clients succeed in their reintegration into the community and fulfill the conditions of their release 2. A resource broker to help parolees to obtain services, treatment, social benefits, educational opportunities, and employment 3. A law enforcement officer and officer of the court, empowered to enforce compliance with the court’s orders and obedience to the law CJ 2011 © 2011 Pearson Higher Education, James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved. 15