Probation and Community Supervision Pros and Cons

Let’s go ahead and take a look at the pros and cons of the probation/ community supervision system...

           

Curious as to how the probation system came to be? Check out a brief history here!

 

http://bjs.ojp.usdoj.gov/content/glance/corr2.cfm

Now, what are some of the issues with probation/community supervision?

-  communities do not want “dangerous convicts” in their neighborhoods

-  lack of probation officers = high caseloads

-  some say it is not punitive enough

-  In 2006, nearly a fifth of people leaving probation were sent back to prison, with over half of these returning for rule violations rather than a new crime. (Probation and Parole in the United States, 2006,  Bureau of Justice Statistics, 2008)

 https://www.justicefellowship.org/get-involved-with-justice-fellowship/12916-get-involved-probation-and-parole

What are some of the benefits of the probation system?

- cost efficient 

-  For example, in Main...

-  the convicted can access a wider range of programs to help rehabilitate

-  helps alleviate overcrowding in prisons

-  allows convicts a greater opportunity to reintegrate into society

-  convicts can maintain employment

-  convicts can get the help they need for drug addictions, etc. that they otherwise could not get in jail

-  opportunity to support family

-  helps treat underlying problems that instigate criminal behavior

Where does policy play a role? Well, here are some current policies regarding probation:

-Sentencing Reform Act of 1984

            The Act abolished discretionary parole for the federal system by establishing a    determinate sentencing system.

-National Capital Revitalization and Self-Government Improvement Act of 1997

            This law abolished the District of Columbia Board of Parole and transferred its      responsibilities to the U.S. Parole Commission.  It also required the District of           Columbia to establish a determinate sentencing system. 

-United States Parole Commission Extension Act of 2008

            This extends the life of the U.S. Parole Commission for 3 more years.  

-Federal Probation Act of 1925

            The Act established a probation system in the U.S. federal courts, giving them     power to appoint officers and place defendants on probation.

(quoted directly from here)

What values support probation?

-  empowerment- people have the ability to change

-  people deserve the opportunity to get the help they need

-  all people deserve respect

-  family preservation

-  self-sufficiency by providing people with the opportunity to maintain a job

Brutish Background

A brief history lesson..

First of all, lets talk vocabulary

Prison or penitentiary-

• facilities house convicted felons 
• long term

Jail-

• holds people awaiting trial
• is locally based
• can sometimes hold overflow from prison
• holds people with misdemeanor charges

Community Supervision- 

• community based
• frequent check ups by officers including drug tests
• parole- early release from prison
• rehabilitative services offered

(Coggins, K., Fresquez, J.E., 2001, 1-8) 

Timeline

 Early American Punishment

America has always struggled with deciding on repercussions for petty criminals. This is evident when we see the punishment that was normal in colonial America. Judges would have the choice between only a few options for criminals. These included whipping and hanging and they did not want to be excessive. This meant that petty crimes were often overlooked.

When America gained independence, there was a reformation of laws to include incarceration instead of the death penalty. The popular belief was that this would be a more effective and punitive way to alter their behavior. Also, locking these criminals up reduced anxiety about repeat criminals.

In the 1820's New York decided to separate the criminals in individuals cells when riots became a normal occurrence this was called the Auburn system. The 1860's came with a new mind set on the treatment of prisoners. Overcrowding and torture including gagging and restraining were the new norm. In response to this, Inoch Wines and Theodore Dwight wrote about a need to change the system. They found that no prisons had the goal of reform and offered the solution of teaching the inmates and rewarding them for good behavior.

With the 20th century, came a new view that was more medical and research based. Many prisons hired psychiatrists and other staff who could focus on rehabilitation. 2010 was a historical year. The USA became the country with the most inmates and the largest percentage of incarcerated citizens.

http://www.ushistory.org/us/26d.asp

Parole fun facts:

Parole was the start of the probation and community supervision. Children were the original recipients of this benefit. They had training and essentially worked as indentured servants.

We were one of the last countries to pick up the idea of parole. Being a country focused on punishment and not needing the labor, like England, we ended up using parole because of a few people who devotedly believed in the idea of reform.

http://www.ushistory.org/us/26d.asp

S. G. Howe, in a letter to the New York Prison Association in 1846, first used the term "parole" to refer to a prisoner's release under supervision. He stated,

"I believe that there are many who might be so trained as to be left upon their parole during the last period of their imprisonment with safety and with great advantage to themselves." 

Quoted directly from here