Concepts of Probation and Parole

UNIT VII

CONCEPTS OF PROBATION AND PAROLE

Name Name

BCJ 3150

Columbia Southern University

Probation and parole share similar goals; to rehabilitate offenders and guide them back into society while protecting the community from these very same criminals (Abadinsky, 2018). Both utilize incentives to go by the rules, avoid breaking laws & ordinances, and for staying out of trouble. Each provide addiction therapy & assistance along with mental health and well-being programs. For many parolees and probationers, these programs provide them with the resources to stay out of trouble and a path to avoiding the past practices that landed them in jail. They are able to learn from past mistakes and, through group programs, realize they are no alone and have a place to turn when needed. Without this option, many would simply turn toward the only support system they had known growing up; gangs, drugs, and fellow criminals. Others, on the other hand, refuse the assistance and simply do their time before returning to their life of crime. Eventually they are rearrested and the system has another opportunity to turn this person around via probation or parole.

Reducing recidivism is a goal of both probation and parole. These agencies strive to reduce the chances of repeated criminal behavior (Bureau of Justice, n.d.) and provide avenues for escaping this lifestyle. There are programs available for both adult and juvenile clients. Probation refers to adult or juvenile offenders whom, in lieu of being sentenced to county jail or juvenile hall, the court has placed on community supervision through a probation agency (BJS, n.d.). In many cases, the court may sentence a defendant to some in-custody jail time which is then followed by a set term of probation. Parole refers to adult or juvenile criminal offenders who are conditionally released early from prison to serve the remaining portion of their sentence outside the walls of the facility (BJS, n.d.). Prisoners may be released to parole either by a parole board decision or according to state law. Juvenile parole is rare and reserved for the most serious offenses. Adult parole, on the other hand, is much more common with most state prisoners being released at some point via the parole system (BJS, n.d.).

The vast majority of juveniles convicted in juvenile court will enter and become a client of the probation program. If a minor commits an act breaking the law and he/she is found to be guilty by the juvenile judge / referee, the juvenile is assigned a probation officer and is subject to the provisions of that state’s juvenile court & probation system (Abadinsky, 2018). Included in this probation are contracts requiring good behavior, lawful living, obeying parents/guardians, and there are usually school attendance requirements as well. When one of these youngsters decides they do not want to play by these rules and continues to get into legal trouble, the next step (normally after several tries at warnings & probation extensions) is placement into a secure facility. Placement programs are generally discouraged, but used when progress stops or worsens in the juvenile.

Often utilized in both adult and juvenile courts across the country are pretrial services tools and the presentence investigation report. Pretrial Services are tasks completed by both sides, the defense and the prosecution, before the case goes to trial. Some of these tasks can be viewed as reasons for the defendant to remain/go to jail and others can be viewed as reasons for not placing the defendant in custody while allowing him/her to stay in the community. The Pretrial Sentencing Report assists the Court in sentencing by determining risk and examining the defendant’s propensity for violence and the probability of re-offense, essentially attempting to predict future behavior (Davies & Dedel, 2006).

Special population offenders present challenges for probation and parole officers that are in addition to and on top of the everyday challenges they normally endure. The typical issues in dealing with a sub-set of our culture that has already broken the rules, victimized the defenseless, and robbed Peter to pay Paul are still present and have to be taken care of. Yet, these groups offer additional challenges that, in an ideal world, would require their own bureau within the agency. One such group that presents issues are those who are the developmentally disabled. Most disabled folks hold jobs, are well educated, are often married with children, and share the same everyday problems as the rest of us. It is when these folks decide to live a life of crime and get convicted of crimes that some of their underlying issues pose a challenge to the criminal justice system. Depending on their level of disability, traditional parole or probation programs may not be as effective as others (Abadinsky, 2018).

There are various studies which debate the degrees of which these programs work. When a subject is released on probation after attending an Alternatives to Domestic Violence class and then rearrested on a charge of vandalism, critics claim the class did not work and point to continuing criminal behavior. Others, in favor of these programs, often state that the new charge was not domestic violence related and therefore call it a success; the suspect vandalized property instead of battering his/her spouse. Because we are all trying to grasp what causes some to commit crime while others avoid it, there have been countless theories and attempts at answering the question. Some theories have gained ground over others through studies and time while others have simply vanished into history. It is important to both question and understand theory in hopes of coming up with better ways of limiting the impact of crime and criminal behavior (Abadinsky, 2018). While no one seriously thinks that we can eradicate crime completely, if we are able to mitigate its effects, while lessening the chances of someone becoming a criminal, we would realize at least some measurable amount of success.

Intermediate sanctions, or punishments, are criminal penalties that do not include jail time or probation. They fall in the middle of these types of punishments and offer an alternative to them such as work programs, community service, and electronic monitoring (Abadinsky, 2018). Intermediate punishments are intended to provide judges with more flexibility when directing sentences and vary from region to region. They are meant to provide an alternative to incarceration and as a means to utilize prison or jail space as a last resort.

While there are likely as many theories as to why some people commit crimes as there are crimes, it is important to search out answers and utilize the various programs available to mitigate this behavior. Simply washing our hands of trying allows criminals the victory and lessens the value of each victim’s loss.

References

Abadinsky, H. (2018). Probation and parole: Corrections in the Community (13th ed.) [VitalSource Bookshelf version]. https://online.vitalsource.com/#/books/9780134559506

Davies, G. & Dedel, K. (2006). Violence risk screening in community corrections. Criminology & Public Policy, 5 (4): 743-770.

United States Bureau of Justice. (N.D.). Probation and Parole. Retrieved from: https://www.bjs.gov/index.cfm?ty=qa&iid=324