Department of Criminal JusticeDepartment of Criminal Justice

California State University - BakersfieldCalifornia State University - Bakersfield

CRJU 100CRJU 100

Introduction to Criminal JusticeIntroduction to Criminal Justice

Dr. Abu-Lughod, Reem AliDr. Abu-Lughod, Reem Ali

Corrections in the Corrections in the Community Community

Intro:Intro: Why corrections? Why not imprison all violators of Why corrections? Why not imprison all violators of

the law? Space available, etc…the law? Space available, etc… CJ has multiple goalsCJ has multiple goals 1) Incapacitation: although inmates cannot commit 1) Incapacitation: although inmates cannot commit

crimes against innocent in soc they attack other crimes against innocent in soc they attack other inmatesinmates

2) retribution: punishing offenders 2) retribution: punishing offenders 3) Rehabilitation: treatment may fail. Alternatives to 3) Rehabilitation: treatment may fail. Alternatives to

prisonprison

COMMUNITY CORRECTIONS MOVEMENT:COMMUNITY CORRECTIONS MOVEMENT: Made assumptions about nature of crime and benefits of using Made assumptions about nature of crime and benefits of using

community resources to address problems of crimecommunity resources to address problems of crime 1) prison: artificial society. Conformity not always accomplished1) prison: artificial society. Conformity not always accomplished 2) prisons do not provide enough to prepare inmates for 2) prisons do not provide enough to prepare inmates for

responsibilityresponsibility 3) rehabilitation increase in community than in prisons because of 3) rehabilitation increase in community than in prisons because of

resourcesresources 4) support networks in community from family/friends4) support networks in community from family/friends 5) offender financially support his/her family after getting a job5) offender financially support his/her family after getting a job 6) less expensive from state perspective6) less expensive from state perspective 7) state decides which offender to release depending on how 7) state decides which offender to release depending on how

dangerous they aredangerous they are 8) adequate number of probation/parole offenders to supervise 8) adequate number of probation/parole offenders to supervise

offendersoffenders Is community corrections good/sufficient for most part? YESIs community corrections good/sufficient for most part? YES

DIVERSIONDIVERSION Diverted to alternative programsDiverted to alternative programs Labeling theoryLabeling theory Good with first time offenders/minor offenders Good with first time offenders/minor offenders

particularly for juvenilesparticularly for juveniles

PROBATIONPROBATION Given the chance to stay out of prison by promising to be Given the chance to stay out of prison by promising to be

goodgood They have terms/rules/regulations set by judge…They have terms/rules/regulations set by judge…

community service, refraining from use of alcohol, community service, refraining from use of alcohol, therapy, reporting to probation to probation offenderstherapy, reporting to probation to probation offenders

HOW IS PROBATION VIEWED?HOW IS PROBATION VIEWED? 1) How offender views probation? 1) How offender views probation? Good deal, be home, workGood deal, be home, work But also has restrictions, any violations will send them back But also has restrictions, any violations will send them back

to prison to prison

2) prosecutor views probation?2) prosecutor views probation? Main concern is to win caseMain concern is to win case Probation is way of plea bargaining Probation is way of plea bargaining Avoid costly trialsAvoid costly trials

3) how D.A. views probation?3) how D.A. views probation? Also as a victory/offenders out of prisonAlso as a victory/offenders out of prison Some compromisesSome compromises

4) how judges views probation?4) how judges views probation? Under pressure from public to punish offenders Under pressure from public to punish offenders In some way, probation means that offenders did not In some way, probation means that offenders did not

escape punishmentescape punishment Can add more restrictionsCan add more restrictions

5) how reformers view probation?5) how reformers view probation? Gives offenders chance for treatment and community Gives offenders chance for treatment and community

serviceservice Avoiding prison treatmentAvoiding prison treatment Teach them beneficial skillsTeach them beneficial skills

6) how politicians views probation?6) how politicians views probation? On one hand they want the get tough approach but do not On one hand they want the get tough approach but do not

provide funds to build more prisons, hire more officersprovide funds to build more prisons, hire more officers

PROBATION OFFICERS AT WORKPROBATION OFFICERS AT WORK

In courts, in community, with clientsIn courts, in community, with clients 3 universal functions: 3 universal functions: 1) INVESTIGATION: gathering info, interviews, presentence 1) INVESTIGATION: gathering info, interviews, presentence

investigation PSI to help judge in sentencing. During PSI Pos investigation PSI to help judge in sentencing. During PSI Pos collect more info 1) legal history (report on crime committed and collect more info 1) legal history (report on crime committed and prior record), 2) social history (education, family history, work)prior record), 2) social history (education, family history, work)

2) SUPERVISION Once on probation, PO will advise them of what

they’re required to do How to report, when, restrictions on changing jobs,

residences Control of their life Because increase caseloads, can’t supervise all

actions TWO goals to supervision: punishment and

surveillance

ISP is a form of supervision that requires frequent meetings between the client and PO

SERVICE: Help people/offenders, but some obstacles such

as increase caseloads, offenders not wanting to get help and limited/scarce resources…may all result

PAROLE Early release from prison Maconochie’s “marks system,” Crofton’s ticket of leave and

Brockway’s 3-grade program….all focused on reintegration back into society

Probation and parole not the same 1) PROBATION: offender placed under community

corrections supervision instead of prison, while PAROLE is early release granted after serving a part of the sentence

2) GOVERNING AUTHORITY In probations the judge is the primary decision maker In parole, it’s the executive branch

3) parolees: usually committed serious crimes and may not have family support, therefore different risk factors

Community ties and social needs

4) officers have different responsibilities. In some states parole officers carry firearms

WHEN TO PAROLE?

There are 3 competing principles:

1) Political: how much time should offenders spend in prison to satisfy society

2) Rehabilitation issue: medical model

3) Limited number of prison beds

To make a rational decision, certain factors are taken into consideration:

1) time served: parole board doesn’t have unlimited discretion in releasing offenders

2) prison adjustment” good time to reduce sentence or “meritorious time” for completing GED

3) preparole plan with family, etc…and what can be done

4) offender interview by parole board to get a feel on how sincere the offender is

5) victim impact statements: how much they have suffered. This will also affect the parole board decision

REENTRY AND MAKING IT To prepare them to get back into the community/soc There are obstacles to re-entry no matter how successful prog is

1) prisonization: rigid rules in social system, do not learn to make decisions, interpersonal skills/getting along

2) weakened social ties: people in soc have moved on, role has changed, or replaced as father, husband, etc…. Anomie and social alienation

3) stigmatization: lifetime stigma, depending on jurisdiction, lose right to vote, public employment….”master status” becomes overwhelming

INTERMEDIATE SANCTIONS: SENTENCING ALTERNATIVES:

1) INTENSIVE SUPERVISION PROBATION: more supervision for more serious offenders, ways/tools available for probation officers to aid in detecting wrongdoing

A) DRUG TESTING: urine sample for analysis, sometimes offenders mask drug use by eating certain foods, waiting to dilute drugs in body, give someone else’s, etc…

But sometimes offender will ask to test hair strands instead of urine and supervise offender, monitor tests

B) HOUSE ARREST AND ELECTRONIC MONITORING: good because stay home, social ties, maintain job. EM: bracelet/anklet attached to ankle, monitors movement. Good/bad?

C) FINES: depends on crime committed, pay for supervision for probation (bad for poor), pay according to how much they pay

D) BOOT CAMPS: military style, discipline, “scared straight”….identity, discipline, efficient, punishment

Another program that implements fear is “shock probation” where judges and probation officers jail/incarcerate offender for 30-90 days then release them…good/bad?

E) JAILS