Probation and Parole7
Probation and Parole
Allied American University
This paper was prepared for Probation and Parole, Module 7 Check Your Understanding taught by Camile Armstead.
Directions: Respond to the following questions using complete sentences. Your answer should be at least 1 paragraph in length, which must be composed of three to five sentences.
The risks/needs classification schemes are essential caseload management tools. The caseload manager will use these schemes in order to determine the best method for allocating resources to different offenders/cases. The schemes will help the caseload manager in determining which offender requires more resources based on his greater needs and greater risk potential. The utilization of these schemes in the management of cases is critical in reducing offender recidivism and guaranteeing public safety.
Parole and probation are alternative methods to incarceration. Parolees and probationers suffer similar numerous problems when trying to adjust to life after punishment. However, there are also major differences in some of the problems that people in these two categories face. For instance, it is easier for probationers than it is for parolees to get a job. Employers will often shun a potential employee who has been to jail despite the fact that he might be on parole. Furthermore, housing facilities are easier to access for probationers than for parolees.
Assigning offenders on the basis of workload differs from assigning them based on caseload because workload assignment will be dependent on the amount of time that each case will require. On the other hand, caseload assignment will be dependent on the number of offenders assigned to an officer during a specific period.
Geographic considerations are important when assigning cases to caseloads because they will factor in the specific missions of the agencies, offender populations in a jurisdiction as well as the size of the jurisdiction. In addition, having a geographical cluster makes it easier for the P/P agencies to check up on the probationers and parolees. A geographical cluster will also provide the agency with a better understanding of the environment that the offender lives in. This understanding will prove useful when gauging the offender’s risk of violation or recidivism. Additionally, accommodating geographical consideration will also save the agency time while saving the government money.
Specialized caseloads ensure that juvenile sex offenders are not sent to other generalized caseloads because their offences are very sensitive. They might not be treated with the same care in general caseloads than they would experience in specialized caseloads. Specialized caseloads also ensure that there is consistency in the supervision and management of juvenile sex offenders in the system. The caseloads also ensure that there is an established protocol that agencies follow when working with the juvenile offenders. Major disadvantages of specialized caseloads include that they are impractical in rural settings and that they can be a major source of stress on financial resources in times of scarcity.
Past behavior is often emphasized in the initial interview, as it can be an indicator to how often the offender engages in criminal endeavors. In addition, the interviewer will also focus on the offender’s family and developmental history, his mental health, familial and marital relationships, drug and alcohol abuse, as well as finances.
The relationship between employment and recidivism is often very complicated. Obviously, holding down a job can significantly reduce the chances of recidivism for an individual. However, simply giving an individual a job does not automatically guarantee that the individual will no longer engage in criminal activities. The reason behind this is the fact that the offenders have different needs. There is no employment model that can fit all criminal offenders. Some people might go back to crime because they lack an income while others will do it because they possess anti-social thinking.
The lack of a clear definition of unemployment is problematic in that it becomes difficult to classify individuals with different levels of work. There is no way to quantify what level of work or idle state can be described as unemployment and which one cannot.
A mock job fair provides the offenders who are about to get out of jail the opportunity to see how actual job interviews are conducted. The offenders get to understand the intricacies of interviews and prepare them for future job interviews.
A revocation hearing occurs when a probation officer discovers and reports a probation violation. If it is discovered that indeed probation was violated, then the judge will revoke the probationer’s probation. A preliminary probation violation hearing occurs within seven days of a probationer’s arrest. The hearing is held to determine if there is probable cause to believe that the probationer violated certain conditions of probation.
In the case of Gagnon v. Scarpelli, the Supreme Court determined that Scarpelli should be released because he was not given a preliminary revocation hearing before the revocation of his probation sentence. The Court determined that a probationer’s sentence could only be revoked after the conduction of a preliminary revocation hearing and a final revocation hearing.
Probation agencies began using the violation of supervision management strategies to deter the incarceration of clients who are in violation of conditions of supervision. The adoption of these strategies was largely due to the realization that violations of both parole and probation contribute significantly to prison overcrowding.
13. Why do probationers and parolees have a diminished expectation of privacy?
The offenders have a diminished expectation of privacy than ordinary citizens because they are deemed deviants to the order of society. Thus, they and their residence can be subject to arbitrary searches without the officer needing a search warrant.
14. What is meant by a liberty interest?
Liberty interest can be defined as a concept that necessitates due process procedures if there is potential of freedom infringement arising from government action.
15. What are the differences between probation violation procedures and parole violation procedures?
With probation violation procedures, a violation of probation will result in a hearing on whether the probation should be revoked or not. The offender does not have the right to a jury trial or a speedy trial. In addition, the standard of proof is lower in a probation hearing than in a criminal trial. A judge will listen to probation violation hearings.
Parole violation procedures require that the parolee be given a probable cause hearing within 10 days of arrest as well as a hearing within 30 days. The parole violation hearing is referred to as a Morrissey hearing. A parole board will listen to the parole hearing procedures.
16. What has the Supreme Court decided with respect to the rights of a parolee accused of violating parole?
The Supreme Court decided that a parolee has the right to due process of the law before he can be taken to jail for violating his parole. The rights under the due process include the right to defend him in front of the parole board to convince the members that he did not commit the violation or that the violation was not so egregious as to warrant his return to prison. He also has the right to a hearing and the right to hear any evidence presented against him.
17. What are the pros and cons of restitution and charging offenders fees in probation or parole?
An advantage of restitution and charging the offenders is that the State reclaims part of the money it spent in incarcerating and rehabilitating the offenders. In other words, the State is able to recover some of the resources it utilized in keeping the offenders safe, monitoring them, and giving them food and a bed (in the case of parolees). Restitution can also help the aggrieved parties recover some of the losses incurred because of the destructive nature of the actions of the probationers and parolees.
One major disadvantage with restitution and charging offenders’ fees is the fact that most of them will not be able to afford the fees. Jobs are hard to come by when one has a record and the additional fees might make life unbearable for most of them. Many will become recidivists due to either the stress or the lack of income to pay the fees or both. The fees are simply a way of increasing the number of debtors in the country. In addition, many states do not allow the offenders to vote until they have finished paying off these costs. This means that majority of these offenders will not get an opportunity to vote in the foreseeable future. They will not feel like a part of the society thereby increasing the chances of recidivist activities.
18. What is the philosophy behind restorative justice?
The premise behind restorative justice is that the needs/ requirements of the offenders should also be considered alongside the needs/requirements of the victims.
19. How is restorative justice accomplished?
Restorative justice is accomplished by encouraging the victims to take an active role in the healing process while also encouraging the offenders to take responsibility for what they have done by attempting to repair any harm caused by their actions. They can do this through community service, returning stolen property, and making an apology.
20. What are the characteristics of “broken windows” P/P supervision?
The broken windows stipulate that the sight of abandoned run-down cars and graffiti filled walls can lead people to be despondent and they resort to crime due to the disorderliness. In the same way, if offenders are left to their own means and are not made to feel a part of the community, they may resort back into crime. Thus, the ‘broken windows’ P/P supervision helps bring the community into the matters of supervision. This is carried out by giving the offenders the opportunity to work within the community to ensure that they can be accepted back into the society faster. This is better than castigating them and making them feel like they do not belong.