Essentials of Criminal Justice - 6e - c 12, Angielskie [EN](4)(2)
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P
ART
4
Corrections and Alternative
Sanctions
12 COMMUNITY
SENTENCES:
PROBATION,
INTERMEDIATE
SANCTIONS, AND
RESTORATIVE
JUSTICE
K
athy Boudin, onetime member of the radical group Weather
Underground, was convicted of murder and robbery in connection
with a 1981 Brink’s armored car heist in New York in which a secu-
rity guard and two police officers were killed. Serving a sentence of 20 to
life, she was repeatedly denied parole. Even though she was a model
prisoner, New York State parole board officials repeatedly said that her
release would “undermine respect for the law.”
13 CORRECTIONS:
HISTORY,
INSTITUTIONS,
AND POPULATIONS
Boudin was part of the getaway team for six armed radicals who robbed
the Brink’s truck of $1.6 million. After one parole review, her lawyer said,
“It’s a sad day for Kathy. She was sentenced to 20 years by a judge who
sat on her case for two and a half years and knew all the facts, and she
did her 20 years with honor. For the system now not to keep its promise
to someone who has been on exemplary behavior for two decades
undermines respect for the law.” Supporters of Boudin argued that she
had turned her life around while in prison, working to help inmates with
AIDS and earning a master’s degree in adult education while behind bars.
A mother, Boudin also developed a program on parenting behind bars
and helped write a handbook for inmates whose children are in foster
care. Although the parole board continually noted her good behavior in
prison, they also said that, “due to the violent nature and circumstances”
of her crime, “your release at this time would be incompatible with the
welfare of society and would serve to deprecate the seriousness of the
criminal behavior.” Finally, on August 20, 2003, Kathy Boudin was
released on parole.
14 PRISON LIFE:
LIVING IN AND
LEAVING PRISON
The Boudin case is notorious, but it is by no means unusual. The
correctional system not only must house the nation’s most dangerous
people but also must decide when they are rehabilitated and ready to
return to society. Do you believe it was correct to keep Kathy Boudin in
prison longer because she did in fact participate in a robbery that left
three people dead, or does her exemplary behavior in prison warrant
early release? Can people be rehabilitated behind bars, and, if so, should
they be granted early release as was Boudin?
The following three chapters explore the correctional system and
process. The first focuses on community corrections and the expanding
field of restorative justice; the subsequent two focus on institutional
corrections.
■
363
363
53247_12_Ch12_p363-401 pp2.indd 363
11/14/07 1:00:30 AM
C
HAPTER
12
Community Sentences:
Probation, Intermediate
Sanctions, and
Restorative Justice
Chapter Outline
Probation
The History of Community
Sentencing
The Concept of Probation
Awarding Probation
Probation Eligibility
Conditions of Probation
Administration of Probation
Services
Duties of Probation Officers
Legal Rights of Probationers
How Successful Is Probation?
How Successful Is Felony
Probation?
Who Fails on Probation and Why?
The Future of Probation
Intermediate Sanctions
Advantages of Intermediate Sanctions
Fines
Forfeiture
Restitution
Shock Incarceration and Split Sentencing
Intensive Probation Supervision
House Arrest
Electronic Monitoring
Residential Community Corrections
Restorative Justice
The Concept of Restoration
Restoration Programs
Restoration in Practice
The Challenge of Restorative Justice
364
53247_12_Ch12_p363-401 pp2.indd 364
11/15/07 3:33:31 PM
365
POLICE IN SOCIETY: HISTORY AND ORGANIZATION
Learning Objectives
1. Be familiar with concept of community
sentencing
2. Know the history of community
sentences
3. Recognize the different types of
probation sentences
4. Be familiar with the rules of probation
5. Discuss the organization and admin-
istration of probation services
6. Define and discuss the term “risk
classification”
7. Be familiar with the legal issues of
probation
8. Debate probation effectiveness
9. Know what is meant by intermediate
sanctions
10. Define restorative justice and discuss
its merits
Key Themes
Community sentencing is an essential
element of justice because it provides
both humane treatment and cost-
effectiveness.
Probation has become the sentence of
choice for those who need some control
but not secure confinement.
Not all probation orders are the same;
rules and supervision vary from offender
to offender.
Intermediate sanctions have developed as
a “halfway” measure between the com-
munity and the institution. They provide
more supervision than does probation but
less than prison.
Restorative justice has appeal as a non-
punitive, community-oriented alternative
to traditional justice mechanisms.
COBL
Profile
D
EBRA RASOULIYAN holds a B.S. in
Business Administration from Auburn
University at Montgomery, an M.S. in
Counseling and Human Development from Troy
State University, and an Ed.S. in Community
Counseling from Georgia State University. In
1996 she was recruited to work in the Atlanta
Detention Center as an inmate counselor. In 1999
the city council asked that an in-custody program
for prostitutes with drug-related charges be cre-
ated. Debra became the director of the Women
for Women (W4W) program, established as an
intensive in-custody substance abuse treatment
365
53247_12_Ch12_p363-401 pp2.indd 365
11/14/07 1:00:34 AM
366
PART 4
CORRECTIONS AND ALTERNATIVE SANCTIONS
program using a therapeutic community (TC) model. The
Women for Women program provided clients with inten-
sive cognitive restructuring therapy, substance abuse
treatment, HIV/AIDS education, life skills, spirituality,
parenting courses, career counseling, yoga, music
therapy, and individual and group counseling. After
graduation from the program, the women were sent to
residential treatment in the community for several months,
and then given housing. Aftercare was a major compo-
nent to the program’s success, as almost 75 percent
of the women were homeless when they entered the
program. Despite the fact that most clients had multiple
social problems ranging from addiction to mental ill-
ness, the program proved highly successful. Graduates
of the program are now program managers in substance
abuse centers, certified addiction counselors, working
mothers, wives, retail managers, choir directors, admin-
istrators, domestic violence counselors, members of
boards . . . the list is endless. When the program was
closed due to budget constraints, Debra Rasouliyan
became a founding member of the Restorative Justice
Center Foundation, which is presently raising money to
reinstitute the program and continue efforts to stop the
revolving door of recidivism.
Rasoulyian’s career represents the ideal for people wanting to become part of
the contemporary correctional system. Her values reflect the core of commu-
nity sentencing—probation, alternative sanction, and restorative justice. Many
of those convicted in criminal courts are deserving of a second chance; most
present little threat to society. If they can be reintegrated into the community
and given the proper treatment, they are unlikely to recidivate. Considering
these circumstances, it seems foolish to incarcerate them in an overcrowded
and dangerous prison system, which can damage younger inmates and lock
them into a life of crime. It may be both more effective and less costly to have
them remain in the community under the supervision of a trained court officer,
where they can receive treatment that will help them turn around their lives.
Rehabilitation would be aided immensely if those who commit crime could be
made to understand the problems their actions cause their family, friends, and
community.
Considering the potential benefits and cost-effectiveness of community
sentences, it is not surprising that their number is at an all-time high.
There are now a great variety of community sentences, ranging from tradi-
tional probation to house arrest and placement in community correctional
centers.
Both traditional probation and the newer forms of community sentences
have the potential to become reasonable alternatives to many of the economic
and social problems faced by correctional administrators:
They are less costly than jail or prison sentences.
They help the offender maintain family and community ties.
They can be structured to maximize security and maintain public safety.
53247_12_Ch12_p363-401 pp2.indd 366
11/14/07 1:00:35 AM
367
CHAPTER 12
COMMUNITY SENTENCES: PROBATION, INTERMEDIATE SANCTIONS, AND RESTORATIVE JUSTICE
They can be scaled in severity to correspond to the seriousness of the
crime.
They can feature restoration and reintegration rather than punishment
and ostracism.
This chapter reviews these community-based criminal sanctions. It begins
with a brief history of community sentencing. It then turns to traditional pro-
bation and discusses its role as a community-based correctional practice.
Then it focuses on alternative or intermediate sanctions such as intensive
supervision, house arrest, and electronic monitoring. Finally, there is a discus-
sion of the concept of restorative justice and programs based on its principles.
PROBATION
Probation
is a criminal sentence that suspends or delays a correctional term
in a prison or jail. Offenders on probation have been convicted of a crime, but
instead of being incarcerated, they are returned to the community for a period
in which they must abide by certain conditions set forth by the court under
the supervision of a probation officer.
The philosophy of probation today rests on the assumption that the
typical offender is not a dangerous criminal or a menace to society but some-
one who has the ability and potential to reform. If the offender is institution-
alized instead of being granted community release, the prison community
becomes the new reference point. The offender is forced to interact with
hardened criminals, and the “ex-con” label prohibits him from making suc-
cessful adjustments to society. Probation provides offenders with the oppor-
tunity to prove themselves, gives them a second chance, and allows them to
be closely supervised by trained personnel who can help them reestablish
proper forms of behavior in the community. Even dangerous offenders who
might normally be sent to a penal institution can be successfully rehabili-
tated in the community if given the proper balance of supervision, treatment,
and control.
There are now approximately 2,000 adult probation agencies in the United
States. Slightly more than half are associated with a state-level agency, while the
remainder are organized at the county or municipal level of government. About
30 states combine probation and parole supervision into a single agency.
About 4 million people are currently on probation. As Figure 12.1 shows,
the adult probation population has grown about 2 percent per year since 1995,
though increases have slowed in the past few years. Without probation, the
correctional system would rapidly become even more overcrowded, overly
expensive, and unmanageable.
For up-to-date data
on probation, go to
the
Bureau of Justice
Statistics
website via
academic.cengage.
com/criminaljustice/
siegel.
probation
A sentence entail-
ing the conditional release of
a convicted offender into the
community under the supervi-
sion of the court (in the form of
a probation officer), subject to
certain conditions for a specified
time. The conditions are usu-
ally similar to those of parole.
(
Note:
Probation is a sentence,
an alternative to incarceration;
parole is administrative release
from incarceration.) Violation of
the conditions of probation may
result in revocation of probation.
judicial reprieve
The common-
law practice that allowed judges
to suspend punishment so that
convicted offenders could seek
a pardon, gather new evidence,
or demonstrate that they had
reformed their behavior.
sureties
During the Middle
Ages, these were people who
made themselves responsible
for the behavior of an offender
after he was released.
The History of Community Sentencing
How did this idea of community supervision and control begin? The roots of
probation can be traced back to the traditions of the English common law.
During the Middle Ages, judges wishing to spare deserving offenders from the
pains of the then commonly used punishments of torture, mutilation, and
death used their power to grant clemency and stays of execution. The common-
law practice of
judicial reprieve
allowed judges to suspend punishment so
that convicted offenders could seek a pardon, gather new evidence, or demon-
strate that they had reformed their behavior. Similarly, the practice of recog-
nizance enabled convicted offenders to remain free if they agreed to enter into
a debt obligation with the state. The debt would have to be paid only if the
offender was caught engaging in further criminal behavior. Sometimes
sureties
53247_12_Ch12_p363-401 pp2.indd 367
11/14/07 1:00:35 AM
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P
ART
4
Corrections and Alternative
Sanctions
12 COMMUNITY
SENTENCES:
PROBATION,
INTERMEDIATE
SANCTIONS, AND
RESTORATIVE
JUSTICE
K
athy Boudin, onetime member of the radical group Weather
Underground, was convicted of murder and robbery in connection
with a 1981 Brink’s armored car heist in New York in which a secu-
rity guard and two police officers were killed. Serving a sentence of 20 to
life, she was repeatedly denied parole. Even though she was a model
prisoner, New York State parole board officials repeatedly said that her
release would “undermine respect for the law.”
13 CORRECTIONS:
HISTORY,
INSTITUTIONS,
AND POPULATIONS
Boudin was part of the getaway team for six armed radicals who robbed
the Brink’s truck of $1.6 million. After one parole review, her lawyer said,
“It’s a sad day for Kathy. She was sentenced to 20 years by a judge who
sat on her case for two and a half years and knew all the facts, and she
did her 20 years with honor. For the system now not to keep its promise
to someone who has been on exemplary behavior for two decades
undermines respect for the law.” Supporters of Boudin argued that she
had turned her life around while in prison, working to help inmates with
AIDS and earning a master’s degree in adult education while behind bars.
A mother, Boudin also developed a program on parenting behind bars
and helped write a handbook for inmates whose children are in foster
care. Although the parole board continually noted her good behavior in
prison, they also said that, “due to the violent nature and circumstances”
of her crime, “your release at this time would be incompatible with the
welfare of society and would serve to deprecate the seriousness of the
criminal behavior.” Finally, on August 20, 2003, Kathy Boudin was
released on parole.
14 PRISON LIFE:
LIVING IN AND
LEAVING PRISON
The Boudin case is notorious, but it is by no means unusual. The
correctional system not only must house the nation’s most dangerous
people but also must decide when they are rehabilitated and ready to
return to society. Do you believe it was correct to keep Kathy Boudin in
prison longer because she did in fact participate in a robbery that left
three people dead, or does her exemplary behavior in prison warrant
early release? Can people be rehabilitated behind bars, and, if so, should
they be granted early release as was Boudin?
The following three chapters explore the correctional system and
process. The first focuses on community corrections and the expanding
field of restorative justice; the subsequent two focus on institutional
corrections.
■
363
363
53247_12_Ch12_p363-401 pp2.indd 363
11/14/07 1:00:30 AM
C
HAPTER
12
Community Sentences:
Probation, Intermediate
Sanctions, and
Restorative Justice
Chapter Outline
Probation
The History of Community
Sentencing
The Concept of Probation
Awarding Probation
Probation Eligibility
Conditions of Probation
Administration of Probation
Services
Duties of Probation Officers
Legal Rights of Probationers
How Successful Is Probation?
How Successful Is Felony
Probation?
Who Fails on Probation and Why?
The Future of Probation
Intermediate Sanctions
Advantages of Intermediate Sanctions
Fines
Forfeiture
Restitution
Shock Incarceration and Split Sentencing
Intensive Probation Supervision
House Arrest
Electronic Monitoring
Residential Community Corrections
Restorative Justice
The Concept of Restoration
Restoration Programs
Restoration in Practice
The Challenge of Restorative Justice
364
53247_12_Ch12_p363-401 pp2.indd 364
11/15/07 3:33:31 PM
365
POLICE IN SOCIETY: HISTORY AND ORGANIZATION
Learning Objectives
1. Be familiar with concept of community
sentencing
2. Know the history of community
sentences
3. Recognize the different types of
probation sentences
4. Be familiar with the rules of probation
5. Discuss the organization and admin-
istration of probation services
6. Define and discuss the term “risk
classification”
7. Be familiar with the legal issues of
probation
8. Debate probation effectiveness
9. Know what is meant by intermediate
sanctions
10. Define restorative justice and discuss
its merits
Key Themes
Community sentencing is an essential
element of justice because it provides
both humane treatment and cost-
effectiveness.
Probation has become the sentence of
choice for those who need some control
but not secure confinement.
Not all probation orders are the same;
rules and supervision vary from offender
to offender.
Intermediate sanctions have developed as
a “halfway” measure between the com-
munity and the institution. They provide
more supervision than does probation but
less than prison.
Restorative justice has appeal as a non-
punitive, community-oriented alternative
to traditional justice mechanisms.
COBL
Profile
D
EBRA RASOULIYAN holds a B.S. in
Business Administration from Auburn
University at Montgomery, an M.S. in
Counseling and Human Development from Troy
State University, and an Ed.S. in Community
Counseling from Georgia State University. In
1996 she was recruited to work in the Atlanta
Detention Center as an inmate counselor. In 1999
the city council asked that an in-custody program
for prostitutes with drug-related charges be cre-
ated. Debra became the director of the Women
for Women (W4W) program, established as an
intensive in-custody substance abuse treatment
365
53247_12_Ch12_p363-401 pp2.indd 365
11/14/07 1:00:34 AM
366
PART 4
CORRECTIONS AND ALTERNATIVE SANCTIONS
program using a therapeutic community (TC) model. The
Women for Women program provided clients with inten-
sive cognitive restructuring therapy, substance abuse
treatment, HIV/AIDS education, life skills, spirituality,
parenting courses, career counseling, yoga, music
therapy, and individual and group counseling. After
graduation from the program, the women were sent to
residential treatment in the community for several months,
and then given housing. Aftercare was a major compo-
nent to the program’s success, as almost 75 percent
of the women were homeless when they entered the
program. Despite the fact that most clients had multiple
social problems ranging from addiction to mental ill-
ness, the program proved highly successful. Graduates
of the program are now program managers in substance
abuse centers, certified addiction counselors, working
mothers, wives, retail managers, choir directors, admin-
istrators, domestic violence counselors, members of
boards . . . the list is endless. When the program was
closed due to budget constraints, Debra Rasouliyan
became a founding member of the Restorative Justice
Center Foundation, which is presently raising money to
reinstitute the program and continue efforts to stop the
revolving door of recidivism.
Rasoulyian’s career represents the ideal for people wanting to become part of
the contemporary correctional system. Her values reflect the core of commu-
nity sentencing—probation, alternative sanction, and restorative justice. Many
of those convicted in criminal courts are deserving of a second chance; most
present little threat to society. If they can be reintegrated into the community
and given the proper treatment, they are unlikely to recidivate. Considering
these circumstances, it seems foolish to incarcerate them in an overcrowded
and dangerous prison system, which can damage younger inmates and lock
them into a life of crime. It may be both more effective and less costly to have
them remain in the community under the supervision of a trained court officer,
where they can receive treatment that will help them turn around their lives.
Rehabilitation would be aided immensely if those who commit crime could be
made to understand the problems their actions cause their family, friends, and
community.
Considering the potential benefits and cost-effectiveness of community
sentences, it is not surprising that their number is at an all-time high.
There are now a great variety of community sentences, ranging from tradi-
tional probation to house arrest and placement in community correctional
centers.
Both traditional probation and the newer forms of community sentences
have the potential to become reasonable alternatives to many of the economic
and social problems faced by correctional administrators:
They are less costly than jail or prison sentences.
They help the offender maintain family and community ties.
They can be structured to maximize security and maintain public safety.
53247_12_Ch12_p363-401 pp2.indd 366
11/14/07 1:00:35 AM
367
CHAPTER 12
COMMUNITY SENTENCES: PROBATION, INTERMEDIATE SANCTIONS, AND RESTORATIVE JUSTICE
They can be scaled in severity to correspond to the seriousness of the
crime.
They can feature restoration and reintegration rather than punishment
and ostracism.
This chapter reviews these community-based criminal sanctions. It begins
with a brief history of community sentencing. It then turns to traditional pro-
bation and discusses its role as a community-based correctional practice.
Then it focuses on alternative or intermediate sanctions such as intensive
supervision, house arrest, and electronic monitoring. Finally, there is a discus-
sion of the concept of restorative justice and programs based on its principles.
PROBATION
Probation
is a criminal sentence that suspends or delays a correctional term
in a prison or jail. Offenders on probation have been convicted of a crime, but
instead of being incarcerated, they are returned to the community for a period
in which they must abide by certain conditions set forth by the court under
the supervision of a probation officer.
The philosophy of probation today rests on the assumption that the
typical offender is not a dangerous criminal or a menace to society but some-
one who has the ability and potential to reform. If the offender is institution-
alized instead of being granted community release, the prison community
becomes the new reference point. The offender is forced to interact with
hardened criminals, and the “ex-con” label prohibits him from making suc-
cessful adjustments to society. Probation provides offenders with the oppor-
tunity to prove themselves, gives them a second chance, and allows them to
be closely supervised by trained personnel who can help them reestablish
proper forms of behavior in the community. Even dangerous offenders who
might normally be sent to a penal institution can be successfully rehabili-
tated in the community if given the proper balance of supervision, treatment,
and control.
There are now approximately 2,000 adult probation agencies in the United
States. Slightly more than half are associated with a state-level agency, while the
remainder are organized at the county or municipal level of government. About
30 states combine probation and parole supervision into a single agency.
About 4 million people are currently on probation. As Figure 12.1 shows,
the adult probation population has grown about 2 percent per year since 1995,
though increases have slowed in the past few years. Without probation, the
correctional system would rapidly become even more overcrowded, overly
expensive, and unmanageable.
For up-to-date data
on probation, go to
the
Bureau of Justice
Statistics
website via
academic.cengage.
com/criminaljustice/
siegel.
probation
A sentence entail-
ing the conditional release of
a convicted offender into the
community under the supervi-
sion of the court (in the form of
a probation officer), subject to
certain conditions for a specified
time. The conditions are usu-
ally similar to those of parole.
(
Note:
Probation is a sentence,
an alternative to incarceration;
parole is administrative release
from incarceration.) Violation of
the conditions of probation may
result in revocation of probation.
judicial reprieve
The common-
law practice that allowed judges
to suspend punishment so that
convicted offenders could seek
a pardon, gather new evidence,
or demonstrate that they had
reformed their behavior.
sureties
During the Middle
Ages, these were people who
made themselves responsible
for the behavior of an offender
after he was released.
The History of Community Sentencing
How did this idea of community supervision and control begin? The roots of
probation can be traced back to the traditions of the English common law.
During the Middle Ages, judges wishing to spare deserving offenders from the
pains of the then commonly used punishments of torture, mutilation, and
death used their power to grant clemency and stays of execution. The common-
law practice of
judicial reprieve
allowed judges to suspend punishment so
that convicted offenders could seek a pardon, gather new evidence, or demon-
strate that they had reformed their behavior. Similarly, the practice of recog-
nizance enabled convicted offenders to remain free if they agreed to enter into
a debt obligation with the state. The debt would have to be paid only if the
offender was caught engaging in further criminal behavior. Sometimes
sureties
53247_12_Ch12_p363-401 pp2.indd 367
11/14/07 1:00:35 AM
[ Pobierz całość w formacie PDF ]