1. Probation and Parole: Corrections in the Community
Thirteenth Edition
Chapter 1
Probation and Parole in Criminal Justice

2. Learning Objectives (1 of 2)
1.1 Appreciate the complexity of American criminal justice.
1.2 Understand the existence of probation and parole.
1.3 Know how disease and aging have impacted prison cost.
1.4 Realize the result of laws limiting probation and parole.
Slide 2 is list of textbook LO numbers and statements

3. Learning Objectives (2 of 2)
1.5 Know the reason for front-door and back-door programming.
1.6 Appreciate the difficulty in defining a “nonviolent offender.”
1.7 Recognize what is meant by “Swift, Certain, Fair” justice
1.8 Understand classical and positive views of justice.
Slide 2 is list of textbook LO numbers and statements

4. The “Why?” of Probation and Parole (1 of 4)
Probation originated for minor offenders
Now it is a method for controlling the prison population
Parole originated and is still used as a means to control the prison population
90% of imprisoned offenders are released with or without supervision
Incarceration rates have jumped by more than 700% since the 1970s
1.5 million prison inmates in the U.S. with an annual average cost of $30,000 per inmate each year

5. The “Why?” of Probation and Parole (2 0f 4)
Adding to prison costs:
AIDS
Tuberculosis
Hepatitis C
Geriatric offenders
“Three-strikes-and-you’re-out”

6. The “Why?” of Probation and Parole (3 of 4)
5 million adults are under some form of community supervision
80% are on probation
Front-door programs
Back-door programs
Criminal justice is the fastest-growing part of state budgets
Increase is not due to the natural consequence of a spikes in crime

7. The “Why?” of Probation and Parole (4 of 4)
Truth-in-sentencing laws reduces early release
Recent approach is “Swift, Certain, Fair” (SCF)
Immediate enforcement of probation and parole violation
Consequences are brief verses long periods of incarceration
Criminals tend to be uneducated, unskilled, unemployed
70% are black or Latino
60% are younger than 30
About half are from single parent homes
Many have been the victim of abuse

8. Criminal Justice in America (1 of 2)
Criminal justice in America is a system that is not systematic
Lack of joint planning and budgeting
Numerous agencies responsible for various aspects of criminal justice
Lack a significant level of coordination, but each affects the others
The largest portion of a criminal justice budgets goes to the police department (42%)
The courts receives 22%
Corrections receives 29%

9. Figure 1.2 Probation and Parole in the Criminal Justice System
Insert Figure 1.2 from textbook on page 25.

10. Criminal Justice in America (2 of 2)
“Bargain justice” stems from large caseloads
Example: understaffed probation offices often see the judge sending marginal cases to prison instead of using probation
Example: prison overcrowding leads to inmate release that may not include supervision or prison inmates may serve remaining time in local jails
Criminal law reflects power relations in society
Example: white collar crimes often receive less harsh sentences than those for drug sentences crimes

11. What Is a Crime? Who Is a Criminal?
Crime is any violation of the criminal law
A criminal is a person convicted of a crime
Most reported crimes do not result in an arrest and conviction
National Crime Victimization Surveys reveals most crimes are not reported to the police
Only about one crime in four is cleared by an arrest
Are probationers/parolees being rehabilitated or becoming better at not getting caught?

12. Early Responses to Crime
Lex talionis (an eye for an eye)
Primitive system of vengeance
Code of Hammurabi- 4,000 year old written code of laws
Romans derided the use of restitution and used the death penalty extensively
Early Christianity had the trial by ordeal
Replaced with compurgation which evolved to testimony under oath and trial by jury

13. Classicalism
Classicalism views human behaviors as based on free will made with a rational choice
Mens rea
Humans tend toward hedonism
Social contract is a mythical state of agreement of equality and therefore law should be equal for all
Criminal punishment should include retribution and deterrence with certainty and promptness
Classical theory is the basis of our legal system

14. Neoclassicalism
Neoclassicalism maintains the belief of free will but allows for mitigation
Past criminal record
Insanity and retardation
Age
Determinism- understanding that to varying degrees the offender’s choices are limited

15. Positivism
Positivism attempts to explain the cause of crime and offers basis for rehabilitating criminals and the indeterminate sentence
Lombroso influenced by social Darwinism
Crime stems from a biological, psychological, or social pathology
Contradicts the theory of free will
Criminals must be treated, corrected, or rehabilitated
Comte introduced concept of applying scientific method to study social sciences
Sociology

16. Entering the System Arrest of a suspect requires probable cause
Reasonable grounds of suspicion supported by facts and circumstances in which a reasonably cautious person would believe the person committed the crime
Probable cause is required for probation/parole violations
Lower than beyond reasonable doubt

17. Levels of Evidence- High to Low (1 of 2)
Beyond a Reasonable Doubt
Guilt in a criminal trial
Finding a delinquency in juvenile court
Clear and Convincing Evidence
Used in extraordinary civil cases
Commitment and child custody cases

18. Levels of Evidence-High to Low (2 of 2)
Preponderance of the Evidence
Most civil cases
Status offense cases in juvenile court
Probation and parole revocation hearings
Probable Cause
Search warrant/arrest warrants
Summary/warrantless arrests
Probation and parole preliminary violation hearing

19. Pretrial Court Appearances
First appearance in court address bail and legal representation
Being on probation or parole impacts the decision for bail

20. Pretrial Hearings
Pretrial hearings are also knowns as initial appearance, preliminary hearing, or arraignment
Official charges are read aloud
Counsel and bail are reviewed or set
Misdemeanor offenses may be adjudicated by a plea of guilty
Felony cases might have a probable cause hearing
If sufficient, prosecutor will file an information bringing the case to trial

21. Trials or Guilty Pleas (1 of 2)
85% to 95% of all criminal convictions are the result of a guilty plea
Defendant waives his or her constitutional right to a jury trial and pleads guilty often in exchange for leniency
Trials are adversarial
Prosecutor must prove actus reus and mens rea beyond a reasonable doubt

22. Trials or Guilty Pleas (2 of 2)
Juries decide guilt, acquittal, or have a hung jury
Double jeopardy is prohibited by the Fifth Amendment
Those found guilty move to the sentencing stage and the probation officer enters the case at this time

23. Sentences (1 of 2) Sentencing reflects societal goals:
Retribution
Incapacitation
Deterrence
Rehabilitation
Restitution
Sentencing should be proportional, equal, and repair social debt

24. Sentences (2 of 2)
A sentence date is set and often a presentence investigation is ordered to be conducted by the probation department
Sentences can include: fine, suspended sentence, probation, incarceration, or a combination.
Prison sentences can be determinate or indeterminate.
The federal system and many states use only used determinate sentencing

25. Appeals (1 of 2) Defendants can appeal guilty verdicts
The American criminal justice system provides for extensive post-conviction review procedures
A prison inmate can appeal through a habeas corpus
Claiming a constitutional right was violated
After exhausting direct and indirect appeals in state courts, an inmate can move over to federal courts on the grounds of lack of due process

26. Appeals (2 of 2) Appellate courts do not act as trial courts
It can consider new theories or legal arguments
It can uphold the verdict, overturn it, or order it reversed and remand it to the trial court for a new trial
It can set a precedent