1. Probation and Parole

2. Diversion – alternative to a trial (boot camp, therapy), we see this in the juvenile system.
Probation – sentenced but conditionally released prior to serving (with supervision)
Parole – after serving partial sentence, conditional release (with supervision)

3. Other Forms
Mandatory Release – entire length of sentence = released without supervision
Good-time credit – early release for earned good behavior
This is done to encourage inmates to follow prison rules. (Incentive)

4. Pardon (clemency) – Executive forgiveness of a conviction
Pardon (clemency) – Executive forgiveness of a conviction. (governor/president)
Commutation – executive forgiveness, reducing the severity of the punishment. (Death penalty changed to life in prison)

5. Should a President be able to supersede the criminal justice system?

6. Why Probation? No risk to community 1st time, non-violent offenders
Able to work and give back to the community
Less apt to commit another crime

7. Who gets probation? The judge must conclude that…
Prison term is inappropriate
Community would not be at risk from their release
The offender can support himself on the outside
The offender will not commit another crime

8. Probation cont…
Advantages – cheaper, promotes rehab, not a tax burden, pay taxes themselves, help retain social support groups (family), supervised after release
Risks – could commit another crime, pain and suffering of the victims

9. Supervision of those on Probation

10. Probation Revoked Test positive for drugs Possession of a weapon
Technical Violation – parole violation
Test positive for drugs
Possession of a weapon
Commit another crime
Lose employment
Fail to complete treatment program
*Decision made by probation officer*

11. Parole

12. Parole Hearing Parole Board Decides Brief, private, held in prison
1st hearing set after serving 1/3 of sentence
Board reviews history + information
Inmate states his/her case + submits a parole plan (job, education, housing)

13. Some states allow witnesses for the inmate
Inmate statement - why ready for parole, how prepared for release, how rehabilitated, why they’re sorry
Some states allow witnesses for the inmate
Victims are notified and may testify
They can write a victim impact statement
Hearings last a few minutes; inmates are notified in writing

14. Victim Impact Statement
Read the “Guide for writing victim impact statements”.
You will be writing a V.I.S. using fictitious details.
Use the guide to understand what makes for a good impact statement.
You will share this with the class and they will be assessed as a Level 2.

15. Parole Granted and Revoked
Granted: rely on feelings common sense, and community expectations
Why? – overcrowding, release w/supervision
Decision-making aids: probability scales
Revoked: violate conditions of parole or has potential to commit new crime

16. Parole Only 42% of parolees successfully complete parole
High level of recidivism (repeat criminal behavior)