sentence served while under supervision of the community
worlds first probation officer
20%-60% of criminals go on probation
58% of criminals in the correctional system are on probation
5% homicides are on probation
21% sex offenders
12% robbers are on probation
30% committing aggravated are on probation
smallest probationary population
the judge did not have authority to suspend a sentence and order probation
General and Specific
conditions apply to all probationers in a given jurisdiction and usually require that the probationer obey all laws
can be mandated by the judge if they think the probationer needs a particular guidance.
a court order taking away a convicted offenders probationary status after they violated probation
is the supervised early release of inmates from correctional confinement.
the managed return to the community of an individual released from prison.
grant parole based on there discretion.
produce mandatory parole.
the release of an inmate from prison to the supervision that is decided by a parole board or other authority.
the mandatory minimum amount a person is supposed to spend in jail.
the release of a n inmate from prison that is statues or sentencing guidelines and is not decided by a parole board or other authority.
criminals must serve 85% of their sentence no exceptions.
cannot leave the state, maintain employment, report, cannot own a gun, officers will check curfew.
Disadvantages of parole/probation
Relative lack of punishment
Increased risk to the community
Increased social costiv.Discriminatory and unequal effects
Advantages of parole/probation
Lower cost compared to prison cost
Reduced risk of criminal socialization
Increased use of community services
Increased opportunity for rehabilitation
the court declined to extend the exclusionary rule to apply to searches by parole officers
Pennsylvania Board of Probation and Parole v. Scott
officers may conduct searches of a probationer’s residence without either a search warrant or probable cause. Not protected by the 4th amendment.
Griffin v. Wisconsin
extended the search authority normally reserved for probation and parole officers to police officers under certain circumstances.
Knight v. U.S.
police officers are authorized to search a person just for the simple fact that they are on probation/ parole.
Samson v. California
an inmate is released under a set of conditions for remaining on parole.
Revoking probation/parole from a criminal does not need to give them notice or a hearing.
Mempa v. Rhay
the court declared a need for procedural safeguards in revocation hearing.
Morrissey v. Brewer
procedural safeguards in revocation hearing
i.The parolee be given written notice specifying the alleged violation.
ii.Evidence of the violation be disclosed
iii.A neutral and detached body constitute the hearing authority
iv.The parolee have the right to cross-examine witnesses
v.The parolee has the chance to appear and offer a defense, including testimony.
vi.A written statement be provided to the parolee at the conclusion of the hearing that includes the hearing body’s decision, the testimony and the reason for revocation.
case on extensions for procedural safeguards in revocation hearing.They are allowed two hearings.
Gagnon v. Scarpelli
extensions for procedural safeguards in revocation hearing. They are allowed two hearings.
i.A preliminary hearing to determine whether there is “probable cause to believe that he has committed a violation of his parole”
ii.“a somewhat more comprehensive hearing prior to the making of the final revocation decision.”
Parole board do not need to specify the evidence used in deciding to deny parole.
Greenholtz v. Nebraska Penal Inmates
a persons parole can not be revoked due to failure to pay restitution or fees if they do not have the resources to pay it.
Bearden v. Georgia
case on incriminating statements to a probation officer may be used as evidence if the probationer does not specifically clam a right against self-incrimination. No 5th amendment rights.
MN v. Murphy
the use of split sentencing, probation/parole, incarceration, community service, intensive supervision, or home confinement.
a sentence explicitly requiring the convicted offender to serve a period of confinement in a local stat or federal facility followed by probation.
offenders in prison apply to receive probation. They are shocked if they actually receive it.
offenders serve weekends in jail and receive probation supervision during the week.Participate in treatment or community service programs while on probation
the strictest form of probation for adults in the United States
Intensive Probation Supervision
“home confinement” individuals are ordered to confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement.
“remote location monitoring” a supervision strategy that uses electronic technology to track offender who have been sentenced to house arrest to who have been ordered to limit their movement
Religious and political freedom
Right to bare arms
Search and seizure
Right to accused person right to an attorney
Right to a speedy trial
Trial by a jury in civil cases
Fair fines and punishments
Rights to the people
Power to state and people
roman derived, fathers ruled over their children
King (Parent) Father of State, the state takes care of parents in dealing with children who broke the law. EXP. DCF
juveniles were punished the same way adults were and placed in the same jails
History of juvenile justice in America
focused on human potential
harsh punishment, reasons? God.
Puritan role in juvenile justice
Started in NY, were places of care and education for children, housed young thieves vagrants and runaways
Houses of refuge
Children and adults can not be arrested and placed in the same car.
Stemmed from the House of refuge
clarified the power that states had in committing children to institutions. Violated Mary Ann Crouse’s rights
Ex Parte Crouse
removed immigrant children from their families and placed them in whit house holds. Apart of the Chicago Reform School
tried to emphasized a wholesome family environment.
Chicago Reform School
Case: was committed into a reform school and labeled “misfortunate” he did not commit any crime the state “parens patriae” intervened
O’Connell v. Turner
created a juvenile court separate in form and function from adult criminal courts.
Juvenile Court Act
The state is the “higher or ultimate parent”
Children are worth savingChildren should be nurturedJustice needs to be individualizedNoncriminal procedures are necessary to give primary consideration to the needs of the children.Noncriminal procedures are necessary to give primary consideration to the needs of the child
a child to who has engaged in activity that would be considered a crime if the child was an adult.
a child who is beyond parental control, as evidence by his or her refusal to obey legitimate authorities, such as school officials and teachers.
a child who has no parents or who’s parents are unable to care for him or her
a child who is not receiving the proper level of physical or psychological care from his or her parents or guardians or who has been placed up for adoption in violation of the law.
a child who has been physically, sexually, or mentally abused.Most states also consider a child who is forced into delinquent activity by a parent or guardian to be abused.
a child who commits an act that is contrary to the law by virtue of the offender’s status as a child. Exp: buying cigarettes, alcohol, running away from home etc..
an act or conduct that is declared by statute to be and offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court.
Ruled that juveniles have a right of due process
Kent v. US
fairness in the criminal justice system. Kina like 8th amendment right to fair punishment.
denied rights of due process. Denied 5th amendment
a.Notice of charges
b.Right to counsel
c.Protection against self-incrimination
d.Rights to at transcript
e.Right to appeal
In re Gault
allegations must be established beyond a reasonable doubt.
In re Winship
higher standard that someone may have to be guilty.
Beyond a reasonable doubt
charged as a juvenile then the court said he was unfit to be tried as a juvenile.He was later tried as an adult. Double Jeopardy. Falls under the 5th and 14th amendments.
He was released because any transfers that do occur must be made before an adjudicatory hearing in juvenile court.
Breed v. Jones
has nothing to do with punishment it is the trial and conviction.
heinous murder, committed at 17 years old was caught at age 18 and went on trial to receive the death penalty. He did not get executed. 8th amendment.
Roper v. Simmons
Case School officials are not allowed to search if they have reasonable suspicion.
New Jersey v. T.L.O
Marijuana was in plain view. Is based on logical suspicion to rule-breaking actions; is required to maintain order and safety among students; does not exceed the scope of the original suspicion
most courts limit is 18 years old, violent crimes are more likely to go to adult court
Juvenile Justice process
e.Adjudicatory Hearing (informal Trial)
i.Privacy is priority
iii.Speedy (typically in days)
Juvenile Justice process
a document filed in juvenile court alleging that a juvenile is a delinquent, a status offender or a dependent asking for juvenile procedures.
even in the face of strong evidence pointing to the offender’s guilt, the judge may decide that it is not in the juvenile’s best interests to be adjudicated delinquent.
Philosophy of juvenile courts
is for juveniles are similar to adult trials, with some notable exceptions.
a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent
Who defines drugs as illegal?
Howard Beker Leader in “All drugs are bad” Movement
History of drugs in America, including the FBN
$1 tax imposed on marijuana
1939 Marijuana Tax Act.
attempts to deter people from crime
a goal that seeks to prevent a SPECIFIC OFFENDER.
making an EXAMPLE OF SOMEONE to deter others
reform a criminal offender
Criminal sentencing that attempts to make the VICTIM “WHOLE AGAIN”
crime is the harm and justice is the repair. CRIME=HARM JUSTICE=REPAIR.
Punishment that encourages rehabilitation through unspecified punishment.
amount of time deducted on someone’s sentence because of a special project or service completed.
amount of time deducted on someone’s sentence because of good behavior.
the punishment received for a crime should equal the crime committed.
similar crimes should be punished in the same way regardless of the personal and social differences.
the offenders criminal history should be the base used to determine punishment.
Models of criminal punishment
a fixed term of imprisonment that may be reduced by good time ore gain time similar to equity.
Zimring and Hawkins and their three schools of
Public health generalism Cost benefit specifism Legalistic
drugs are medically harmful
Public health generalism
proposes that drug policy be built around a
balancing of the social cost of enforcement.
Cost benefit specifism
drug prevention polices are in place to prevent
social a collapse in society.
registered handlers with opium, morphine and
heroine and other narcotics, paid special tax, enforced certain laws
Harrison Narcotics Act
increased punishment, made it harder for weapons
purchase, could not gain any federal programs, no public housing or student
Anti-Drug Abuse Act of 1988
through the defendants trash because abandoned property is okay.
CA v. Greenwood
Case: curtlige – protects everything in your house and yard.
Oliver v. U.S.
a bar located 50 yards from away from home is
U.S. v. Dunn
one who studies crime and criminal justice on a
initiated Islamic law, originated in mecca now
A law thatstemmed
from prophet Muhammed
Islamic Law (Shari’ah Law)
Souryal and others proposed four aspects of justice in Arab philosophy and religion
Equal trust to one another
Commandment from god
being moral honest to each other
Society beliefs exp. clast system
Equal trust to one another
Common bond within the bond
4th aspect of justice in Arab philosophy and religion.
Commandment from god
similar to the puritan belief.
Islamic version of the Bible
a serious violation of Islamic law that is
regarded as an offense against God
Hudud crimes include such behavior such as...
theft, adultery, sodomy, alcohol consumption, and robbery. High way robbery.
a minor violation of Islamic law that is
regarded as an offense against society, not God.
Islamic Courts women cannot testify & strict punishments
rules of war
signed Interpol started red cross
U.S. version of Interpol
international crimes against genocide crimes against humanity.
International Criminal Court
an international law enforcement support
organization that began operations in 1946 and today has 182 member nations.
Interpol – International Criminal Police Orgainzation
a violent act or an act dangerous to human life
that is committed to intimidate or coerce a government.
Premeditated, politically motivated, violence
is a deal offered by a prosecutor as an incentive for a
defendant to plead guilty
present proof of authority, allowing the court to determine if the custodian
has lawful authority to detain the person.
Writ of Habeas Corpus
A deserved punishment or reward
Just Deserts Era
prison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must "take reasonable measures to guarantee the safety of the inmates.
Rhodes v. Chapman.
Emergence of prisons
Hospice were the early prison reform
residential school for delinquent boys
Developed by Quakers
used solitary confinement and rehabilitation
Penance and Studying the Bible was encouraged
Ben Rush and Franklin
system that believed in humane and opportunity for rehabilitation.
Silent prison, solitary confinement, group workshops. corporal punishment, hard labor
Mass Prison Era
Indeterminate sentencing and belief in rehabilitation esp. in youth
"Father of Parole" Norfold Islands for criminals
Private businesses paid to use inmate labor
goods were produced for private business
piece price system
eliminated the use of private contractors. Everything done in the prison
public account system
goods produced only for state officeials, or labor to assist state agencies
cleaned roads, parks rec. facilities and restored public buildings
Era that capitalized on inmates labor
the act that prohibited interstate transportation and sale of prison goods where state laws forbade.
Ashurst - Summers Act
Era where prisoners should have been shunned and locked away from society
Era with the Medical model - offenders were sick, they were patients not inmates
Era where Advocates portrayed prisons as dehumanizing claiming it vitimizes offenders
Community- Based Era
Act that work release was under
Prisoner Rehabilitation Act of 1965
Keeps prisoners locked up to protect society
Nothing works doctrine
Era that limited work release programs.
Refers to Community-Based Era as the "prison country club"
correctional treatment programs have had little success
Nothing Works Doctrine
Truth in Sentencing Laws
laws demand that convicted criminals serve a substantial proportion of their prison sentenceRead more
came to existence U.S. superpower.
came to existence against soviets taking control of
the United States Supreme Court's acceptance of the use of thedeath penaltyin theUnited States,
decision that ruled on the requirement for a degree of
consistency in the application of thedeath penalty. The case led
to ade factomoratoriumon capital punishment
throughout the United StatesAmendment 8 Cruel
and Unusual Punishment