U of A CMJS 3203 - Chapter 4: Diversion & Probation

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Chapter 4: Diversion & ProbationCritics about diversion- You waive off your rightsRationales For Diversion - Avoid stigma- Less expensive than formally processing individual- Public perceptions - Gives clients a better chances at lifeTypes of Diversion- Unconditional: Terminates criminal proceeding at any points before adjudication with no threat of later prosecution- Conditional: Dismisses charges if the defendant satisfactorily completes programsordered by the justice system; what the prosecutor tells you to doProbation- The conditional release of a convicted offender into the community, under the supervision of a probation officer- It is conditional because it can be revoked if certain conditions are not met- Types of conditionsMonetary penalty, drug testing, employment requirements, and mandatory treatment- 2/3 of most probations need to take some sort of treatment programReasons for Probation- Keeps offenders in their communities- Avoids the institutionalization and stigma of imprisonment- $4 Costs compared to $60 in jail - Fair treatment for offenders whose crimes do not merit incarceration Goals of Probation- Protect the community- Carry out court-imposed sanctions- Identify probationers’ supervision and service needs- Support crime victims- Coordinate and promote use of community resources History of Probation- Judge Peter Ovenbrdge Thatcher laid the foundation for probation in Boston in 1830 with the first recorded use of R.O.R. in the U.S.- In 1878, The Massachusetts legislature passed the first statue authorizing probation- On March 4, 1925 President Calvin Coolidge signed nation probation actCharacteristics of Adults on Probation- 1:75 adults are on probation - 4.2 million adults- 76% male & 24% female- Southern state the longest probation- 55%white, 29% black, 13% Hispanic, 1% other- 51% felony & 47% misdemeanor- 26% for drug violation Does Probation Work- Evidence Based Correctionsrecidivism- 2/3 of all complete probation- Only a 1/3 of those 2/3 are felons- Amount of restitution collected- Number of offenders employed- Amount of fines, and fees collected- Hours of community service performed- Number of treatment sessions attended - Rate of enrollment in school- Number of days of employment- Number of days drug free Duties Of Probation OfficersCase Investigation  Presentence Report (PSR)- Provides a social and personal history as well as an evaluation of a defendant as an aid to the court in determining a sentenceTwo main Purpose - Assists the court in reaching a fair sentence- Outlines a treatment plan for the offenderJudges follow the recommendation over 80% of the time when probation is recommended over 60% of the time when prison is recommended Duties of Probation OfficersSupervision – role strain- Intervention – providing offenders access to a wide variety of services- Surveillance- monitoring the activities of probation - Enforcement- making probationers accountable for their behavior and making sure they understand the consequences of violating the conditions of probation Probation Revocation- Revocation- the formal termination of an offender’s conditional freedom- Revocation hearing- a due process hearing that must be held to determine whetherthe conditions of probation have been violated before probation can be revoked and the offender removed from the community Revocation Triggers - Technical Violation- a failure to comply with the conditions of probation- New Offense Violation- the arrest and prosecution for the commission of a new crimeGagnon vs Scarpellli (1973) & Morrissey vs Brewer (1972)A probationer is entitled to:- Written notice of the charge- Disclosure of the evidence- The opportunity to be heard & present evidence and witnesses- Confront & cross-examine witnesses- Judgment by a detached & neutral hearing body- A written statement of the reasons for revoking probation -

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U of A CMJS 3203 - Chapter 4: Diversion & Probation

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