unit 4 – sentencing and punishment part 2
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Standard 14: Students can describe the purposes and process of sentencing and corrections. Standard 16: Students can identify the structure of the prison system and process of parole . Standard 17: Students can propose a solution to reduce recidivism in the criminal justice system. . - PowerPoint PPT PresentationTRANSCRIPT
Unit 4 – Sentencing and Punishment Part 2
Standard 14: Students can describe the purposes and process of sentencing and corrections.Standard 16: Students can identify the structure of the prison system and process of parole.Standard 17: Students can propose a solution to reduce recidivism in the criminal justice system.
LT 14.6 Intro to Community CorrectionsI can infer the justification for community based correctional programs.
Justifications for Community Corrections
Reintegration: Prepare the offender to
return to the community some studies show higher
recidivism rates after exposure to prison culture
Diversion: divert lesser offenders to
alternative punishments Low Cost:
probation officer can oversee more offenders at lower cost than housing prisoners
LT14.7 ProbationI can determine the most important problems in the community corrections system.
Probation Definition: convict is
allowed to remain in the community under supervision for a designated period and is subject to conditions set by the court
Most common form of punishment in the U.S.
Types of Probation
Suspended Sentence: convict is not under
supervision, but sentence can be imposed if further incident occurs
Split Sentence (Shock Probation): Convict spends <90
in jail/prison or bootcamp, then probation
Intermittent Incarceration: offender does not serve jail/prison time all at once (maybe just on weekends)
Eligibility for Probation Discretion of Judge Aggravating Factors:
Multiple charges Probation/parole at time
of arrest Prior convictions Addiction to narcotics Injury to victim Use of weapon
Mitigating Factors: Type of crime – drug
offense or property crime First time offense
Notebook Item 26: Shock Probation In your opinion, what are the 2
biggest problems with shock probation. Explain your answer.
Turn back to Notebook Item 22 and add any thoughts or ideas about Shock Probation to your list.
LT14.8 Probation ConditionsI can synthesize information about the conditions of probation to write a probation contract.
Conditions of Probation
Usually recommended by Probation Officer
Discretion of Judge
Must rehabilitate the probationer
Must protect the community
Must not violate the Constitution Probationers agree
to give up some rights ▪ Ex: spot checks for
drugs/weapons
Standard Conditions
Report regularly to probation officer
Notification of change of address
Not leaving jurisdiction without permission
Employment
Punitive Conditions
Definition: part of punishment
Fines Community
Service Restitution –
payment to victim Drug testing House Arrest
Treatment Conditions
Rehabilitation Programs for drug addiction
Alcoholics Anonymous meetings
Anger management classes
Example
LT 14.9 Intermediate SanctionsI can synthesize information about intermediate sanctions and other options for sentencing to determine a sentence for a given felony.
Intermediate Sanctions Day Reporting Centers
(DRCs) Offenders spend all or
part of the day under supervision
Includes rehabilitation programs
Intensive Supervision Probation (ISP) More frequent check-ins,
electronic surveillance, drug testing
Intermediate Sanctions – Home Confinement Home Confinement
Curfew: in by a certain time
Home Detention: can leave for a job, school, etc
Home Incarceration : can not leave at all
Electronic Monitoring Phone Call/page Personal Tracking Unit
(aka ankle monitor)
Revocation of Probation Violation of conditions of
probation could lead to revocation
Discretion of Probation Officer to seek revocation
Revocation Hearing: evidence that conditions of
probation were violated is presented
Revocation Sentencing: Judge decides to
incarcerate or reinstate probation
Standard 16Standard 16: Students can identify the structure of the prison system and process of parole.
LT 16.1 Types of PrisonsI can monitor for meaning as I learn and observe the types of prisons.
Types of Prison
Most states use 6 levels
Simplified into 3 levels Maximum Security Medium Security Minimum Security *Supermax Prisons
Maximum Security Prisons Frequent searches Restricted movements Metal detectors/body
scanners Radar to scan prison
grounds for buried items 12-16 hrs out of cell
Supermax: for prisoners who commit murder behind bars Confined to cell 22.5
hrs/day
Medium Security Prison
More education and rehab programs
Common areas Prisoners have
more contact with each other
Minimum Security Prison
AKA: White Collar Prison
No armed guards Televisions/
Computers Often allowed off
grounds for edu or job
Cells are more like a dorm or completely open
LT 16.2 Private PrisonsI can question the ethical dilemma surrounding private prisons.
How do they work?
Prison company has a contract with gov
The state pays the prison $X per prisoner
Prison company makes a profit
Benefits
Reduces overcrowding
Less red tape Saves tax payer
money Labor cost less Private companies
are more efficient Cost per inmate is
less
Arguments Against Private Prisons
Evidence of more behavior issues Parole=less money: private prisons will be motivated to
report bad behavior to keep inmates in longer Corruption Is privatization Constitutional?
Example Video
Notebook Item
NOTEBOOK ITEM 27 PRIVATE PRISONS
Should the government be allowed to outsource prisons to private companies?
Explain your answer giving at least 2 reasons for or against private prisons.
LT 16.3 Parole and ReleaseI can question an offender who is being considered for discretionary release
Discretionary Release Parole: conditional
release of an inmate before their sentence has expired Remaining sentence
served in community under supervision
Average felon serves only half of their sentence
Mandatory Release Definition: Inmate
serves their sentence minus good time
Parole Board
4 BASIC DECISIONS
Which offenders go on parole
Conditions of parole When the conditions
of parole have been met, discharge the offender
When violation occurs, what actions to take
Parole Grant Hearing
Board includes 5-6 members
Review case before hearing
May interview offender and contact key people in case
Grant or deny parole
Parole Process
Conditions of Parole Limited rights
Report to Parole officer
Parole Revocation for violation
Sex Offenders
Sex Offender Notification Laws
Local laws that require authorities to notify the public when a sex offender has been released into their community. Active Notification:
bulletins, posters, etc Passive Notification:
info is available to public such as a website
Conditions of Release No contact with children Psychiatric treatment Permission from parole
officer to move Remain a certain distance
from schools/ parks with children
Cannot buy kids’ toys Cannot participate in
activities that involve children
Can not social network MUST REGISTER WITH
AUTHORITIES
Controversy with Notification LawsCONSTITUTIONAL VIOLATIONS? Innocent until proven
guilty’ Punishing BEFORE they
commit the crime Violation of Privacy
Broadcast past crimes to community
Controversy with Notification Laws
JUVENILE OFFENDERS
Sex offender label is permanent Must register as a
sex offender forever This could be a very
minor offense such as statutory rape
Recidivism Tracker