Fines and Non Custodial Sentencing

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Fines and non-custodial sentencing such as probation, community service, and rehabilitation programs are alternatives to prison time. Fines are a cost-effective punishment that allows offenders to continue living their lives while also generating revenue for the government. Evidence also shows that fines and non-custodial sentencing can reduce reoffending more than short prison sentences. However, fines may not deter wealthy individuals and some offenders may commit more crimes to pay their fines.

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REDEFINING THE Criminal Justic S Y S T E M PHYLLIS BACK, C J Historically, the judicial system, law enforcement, and corrections have each had separate goals and visions for achieving the united mission of safety and justice within the criminal justice commtinity. Today, it appears that these goals have hindered the original intent or purpose of those goals. Progressing into the second decade of the 21st century, the criminal justice system has realized that to achieve its ultimate mission—public safety—for its citizens, it must be united in redefining its goals and visions. This approach requires a profound across-the-board collaboration in a manner that thus far has not been broached. JANUARY i FEBRUARY 2013 AMERICANjails The contemporary criminal justice system must respond in a proactive rather than a reactive manner to provide both the necessary and immediate sanctions for the convicted, and at the same time ensure that victims' needs are addressed respectfully. One way to achieve this is to implement a program tor the sole \ purpose ot sharing information about all new arrests. This information includes: • Family history and background. • Delinquent offenses. • Previous encounters with the law. • Prior convictions. • Probation or parole mandates. • Work history • Education Stable living condifions. The strategy is to share this information during an inmate's entire involvement with the criminal justice system. For the data program assessment, an offender would be evaluated annually and i continuum ot care established and shared with ' every participating agency—^beginning at pretrial, following through to the completion ot any mandated requirements of post-release sentencing. All information pertaining to treatment interventions, including an offender's progress and failure with his or her treatment plans, is entered into the data program. It an offender relapses or reotfends, the data are updated and the continuum is reestablished to help redirect as needed. Legislative Approaches The criminal justice system needs legislative support tor sentencing practices such as habilitation, rehabilitation, restoration, and réintégration. Criminal sanctions that lack intervention and prevention strategies are not a deterrent trom future criminal activity. Creating laws that mark people as criminals tor the remainder of their lives denies former imnates the opporttinities available to other citizens. To address these issues, legislators and officials established the Public Safety Performance Project (PSPP) in 2006. The tocus of PSPP is not only to allow ex-oftenders to return to the community as productive members of society, but also to improve public safety. (See "Public Safety Performance Project.") It laws continue to limit ottenders' opportunities tor employment (including selt-employment), education, and housing, the criminal justice system is only fostering further criminal behavior. As mention ...

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CJUS 500 Presentation: Corrections (Part 2) Transcript Slide 1 Corrections are court imposed programs that allow offenders to serve out their sentences in the community as opposed to being incarcerated. Two major types of corrections in the community are probation and parole. Probation is regarded as a judicial function. Probation is considered a privilege because not all offenders will be sentenced to probation. The objective of probation is to offer offenders an opportunity to prove themselves and rehabilitate without incarceration. There are various types of probation programs. Many are considered intensive supervision programs. Intensive probation programs require closer surveillance for offenders who are considered high-risk. Probation can impose substantial burdens and should not be regarded as a lenient sanction. Offenders are subjected to many costs and fees associated with probation as well. Parole is considered an administrative function as opposed to a judicial function and involves early conditional release from incarceration. The purpose is to release inmates from incarceration and offers a cost-effective solution for the supervision of inmates for the remainder of their sentence. Like probation, parole is conducted in the community. Mandatory release laws require early release of offenders after they have served a specific amount of time incarcerated. Discretionary release requires that a parole board make the determination of eligibility to decide whether or not an offender is released from incarceration. Slide 2 Intermediate sanctions are punishments that allow offenders to remain in the community while on probation and serve as a diversionary tactic in lieu of incarceration. Intermediate sanctions are not necessarily considered true probation; however, they are structured to encourage participants take responsibility for their actions. Community service started in the late 1960s and is a popular form of probation. Community service allocates that offenders complete a specified number of of unpaid labor hours towards a community service. Restorative justice places the responsibility in the offender’s hands. The objective here is to allow the offender to accept responsibility and repair the harms they caused. Often times, this involves participating in mediation, which can help victims heal from trauma. Courts may require monetary compensation for losses experienced by the victim. This is known as restitution. Offenders may also be required to pay a myriad of fines for committing an offense, beyond restitution paid towards victims. Victim-offender mediation is generally considered a part of restorative justice. Victims and offenders will come together to discuss their feelings about the events and give offenders the opportunity to express remorse and apologies for their crimes. House arrest confines offenders to their home and is considered an intensive type of supervised probat.

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269 Chapter 10 CORRECTIONAL PSYCHOLOGY Correctional psychology is the application of psychological theory and research to the correctional system (Clements et al., 2007; Magaletta, Patry, Dietz, & Ax, 2007). We begin this chapter with overviews of the structure of the correctional system and the history of correctional psychology in the United States. Next, we discuss in greater detail two of the most important topics in correctional psychology: offender assessment and management. The selection, training, and support of correctional staff are covered in Chapter 9 . In this chapter, you will become familiar with: The structure of the correctional system in the United States T he practice of correctional psychology and how it has changed over time The importance of risk assessment and risk management in correctional psychology The major approaches to risk assessment and risk management, as well as some specifi c examples of risk assessment instruments and correctional treatment programs • • • • CHAPTER OBJECTIVES Suppose you are a judge trying to determine the proper sentence for the following case: white male, divorced, about 36 years old. Will plead no contest to drug-related offenses after being found intoxicated in violation of the conditions of probation. History of polysubstance abuse, including cocaine and heroin, since the age of about 8 years old. A penchant for self-destructive behavior—in the offender’s own words, “It’s like I have a loaded gun in my mouth and my CASE STUDY c10.indd 269c10.indd 269 11/3/09 5:47:48 PM11/3/09 5:47:48 PM C o p y r i g h t 2 0 1 0 . W i l e y . A l l r i g h t s r e s e r v e d . M a y n o t b e r e p r o d u c e d i n a n y f o r m w i t h o u t p e r m i s s i o n f r o m t h e p u b l i s h e r , e x c e p t f a i r u s e s p e r m i t t e d u n d e r U . S . o r a p p l i c a b l e c o p y r i g h t l a w . EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 6/7/2020 3:11 PM via STRAYER UNIVERSITY AN: 309009 ; Roesch, Ronald, Hart, Stephen D., Zapf, Patricia A..; Forensic Psychology and Law Account: strayer.main.eds-live 270 Correctional Psychology fi nger’s on the trigger, and I like the taste of the gunmetal.”1 Substance abuse has caused serious family and employment problems, including divorce and inability to get steady work. Numerous arrests for drug-related offenses including driving, carrying a handgun, and housebreaking while intoxicated. Multiple incarcerations, with sentences ranging up to three years. Repeated failure on community supervision, including probation and parole violations, some stemming from refusal to provide or failure of court-ordered drug tests. Repeated attempts at substance use treatment, including community-based programs and more than a year spent in a correctional treatment facility, invariably followed by re.

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CHAPTER 12: Discretion and Dilemmas in Corrections Lecture Slides prepared by Cheryn Rowell * Correctional Professionals Correctional officers and supervisors Treatment professionals (e.g., educators, counselors, psychologists, and others) * Discretion Correctional officers have a full range of control, including denial of liberty and application of physical force. Correctional officers have discretionary powers, such as charging an inmate with a disciplinary infraction versus delivering a verbal reprimand. Disciplinary committees also exercise discretion when making a decision to punish an inmate for an infraction. Treatment professionals have discretion in writing parole reports, making decisions on classification. * Correctional Ethics In the 1970s, prison guards adopted correctional officer as a more descriptive professional title. The period also saw such dramatic changes as:Increased on-the-job dangerLoss of controlIncreased stressRacial and sexual integrationUnionizationHigher standards of professionalismExpanded bureaucratization * Relationships With InmatesBoth guards and inmates prefer to live in peace.Both feel they must take sides when conflict occurs. Reciprocity: Officers become dependent on inmates for completion of important tasks. In return, officers may overlook inmate infractions and allow a degree of favoritism. * Officers have the power to make life difficult for inmates they do not like. If officers become personally involved (e.g., sexually), their professionalism is compromised. An alliance sometimes forms between guards and inmates that is not unlike foreman-employee relationships. Officers insist that “you can be friendly with inmates, but you can never trust them.” Mature officers learn to live with this inconsistency. Relationships With Inmates * Thinking Point In June of 2010, correctional officer David Francis of Charleston WV, was implicated for allegedly sexually abusing, harassing, and assaulting two female inmates over the course of two years. The inmates have filed suit against the officer as well as the West Virginia Department of Corrections for punitive and compensatory damages. Should the inmates profit from the unethical behavior of the correctional officer? What punitive action should be taken against Francis? Correctional Officer SubcultureMay consider inmates, superiors, and society in general as “the enemy” Accept use of force as a routine job element Show a tendency to redefine job roles to meet minimum requirements only Show a willingness to use deceit to cover up wrongdoing by staff * Types of Officers Violence-prone: use the role of correctional officer to act out an authoritarian role Time-servers: serve time in prison much the same as most inmates do (trying to avoid trouble and hoping nothing goes wrong on their shift) Counselors: seek to enlarge their job description; perceive their role as inmate counselor/helper * Use of ...

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