Final Exam Notes

131 Chapter 9 Notes – Sentencing.
Chapter Summary
The text discusses several important aspects of sentencing in Chapter 9; it also describes five goals of contemporary sentencing: retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution corresponds to the just deserts model of sentencing and is best understood from the biblical reference to “eye for an eye, tooth for a tooth.” Incapacitation seeks to isolate offenders from society. Deterrence, both specific and general, focuses on preventing crimes. Rehabilitation seeks to change the offender, and restoration seeks to make the victim “whole again.”
Chapter 9 also describes types of sentencing practices. Harris was convicted in a state that uses an indeterminate sentencing model, and judges have the most discretion in states adhering to this model. A judge is expected to assess the differences among cases, situations, and offenders in an attempt to make the sentence both appropriate and proportionate. It is also believed that offenders will be more likely to participate in rehabilitation programs if they can reduce the amount of time served.
There are several problems with the indeterminate sentencing model. The most significant criticism is the inequality of sentences. Some defendants receive the maximum sentence possible under the law; however, it is possible that another offender, sentenced by another judge in an adjacent courtroom, could receive significantly fewer years in prison or probation. The personalities of different judges, race of the offender, race of the victim, and social class have all been shown to be factors contributing to disparities in sentences.
In response to the various problems of indeterminate sentencing systems, states and the federal government have revised sentencing practices in order to structure sentencing more precisely. For example, some states have adopted a determinate sentencing model that requires offenders to be sentenced to a fixed term; other states have developed voluntary/advisory sentencing guidelines, and some have adopted presumptive sentencing guidelines. Guideline jurisdictions specify a presumptive sentence for an offense but also allow the judge to consider aggravating and mitigating factors. Another type of structured sentencing discussed in the text is mandatory sentencing.
In general, judges try to make informed and fair sentencing decisions. The presentence investigation report assists judges with their decisions. Provided as a detailed report, an abbreviated report, or an oral report to the court, the presentence investigation report provides information about the defendant and the offense. It may also include a recommendation from the probation officer. Another factor that judges may consider when deciding the sentence is the impact of the crime on the victim. Victim impact statements provide an opportunity for crime victims, or surviving family members of a victim, to describe the suffering caused by the crime.
Finally, the text discusses the typical sentencing options available to the judge. Imprisonment and probation are mentioned but are discussed in more detail in later chapters of the text. The frequent use of fines as a criminal sanction is also discussed. Chapter 9 concludes with a discussion of capital punishment.
There are currently more than 3,800 offenders on death row. The number of offenders executed in a year is relatively small, but those numbers will probably increase because of Supreme Court rulings on habeas corpus review. The death penalty is one issue that generates considerable debate. Many people oppose the death penalty because they believe it is not an effective deterrent to crime, is not applied fairly, is costly, and always carries a risk of killing an innocent person. However, most of the public supports capital punishment; revenge, just deserts, and protection are the key supporting arguments of retentionists.

A. Critiques of Indeterminate Sentencing (p. 314) • It contributes to inequality in sentencing, and decisions are influenced by judicial personality and social characteristics of the defendant. • Defense attorneys manipulate the system to appear before the “right” judge. • It produces dishonesty in sentencing. • Time served is generally far less than what is indicated on the books.

Key Terms writ of habeas corpus…truth in sentencing is the relationship between the sentence and the actual time served.…retribution…restorative justice….aggravating and mitigating circumstances…capitol offense…gain time & good time…victim impact statement… rehabilitation…incapacitation…General & Specific deterrence..

Chapter 10 Notes – Probation, Parole & Community Corrections
Chapter Summary
Community Corrections The use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence. (p. 354)
Instructional Cue
Although all of the sentencing options discussed in Chapter 10 can be considered community-based sentences, stress that the type of restriction varies depending on the sentence. For example, house arrest is more restrictive than straight probation, electronic monitoring is more restrictive than house arrest, and shock incarceration is more restrictive than electronic monitoring. II. What Is Probation?
Probation A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior. (p. 355) • Probation is a court-ordered sanction combining control with opportunities for rehabilitation. • Review the history of probation in the United States. A. The Extent of Probation (p. 355) • Probation is the most common form of criminal sentencing in the United States. • Between 20% and 60% of convicted offenders are sentenced to probation, and these numbers are increasing. • Even violent offenders receive probationary terms. • There are 4,151,125 adult offenders currently on probation. B. Probation Conditions (p. 356)
Probation Revocation A court order taking away a convicted offender’s probationary status and usually withdrawing the conditional freedom associated with that status in response to a violation of the conditions of probation. (p. 356) 1. The Federal Probation System • Federal probation was authorized by the National Probation Act of 1925. • Federal probation and pretrial services officers have authority to arrest or detain individuals suspected or convicted of federal offenses. III. What Is Parole? (p. 358)
Parole The status of an offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe conditions of parole. (p. 358)
Prisoner Reentry The managed return to the community of individuals released from prison. Also called reentry. (p. 358)
Parole Board A state paroling authority. Most states have parole boards that decide when an incarcerated offender is ready for conditional release and that may also function as revocation hearing panels. (p. 358)
Discretionary Release The release of an inmate from prison to supervision that is decided by a parole board or other authority. (p. 358) A. The Extent of Parole (p. 358) • There is a movement to abolish parole. • Approximately 774,590 inmates are on parole. • There is considerable variation in the numbers of inmates on parole by state. • About 46% of parolees successfully complete parole, and 26% are returned for violations.
Mandatory Release The release of an inmate from prison that is determined by statute or sentencing guidelines and is not decided by a parole board or other authority. (p. 359)
Parole (Probation) Violation An act or a failure to act by a parolee (or probationer) that does not conform to the conditions of his or her parole (or probation). (p. 359) B. Parole Conditions (p. 359)
Conditions of Parole (Probation) The general and special limits imposed on an offender who is released on parole (or probation). General conditions tend to be fixed by state statute, whereas special conditions are mandated by the sentencing authority (court or board) and take into consideration the background of the offender and the circumstances surrounding the offense. (p. 359) • General conditions include “obey all laws,” “possess no firearm,” and “maintain employment.” • Specific conditions depend on the nature of the offense. An example might be requiring the offender to surrender his or her driver’s license.
Instructional Cue
The following example can help you describe the general and specific conditions of probation. Alice Meyer was convicted of drunk driving (her second offense). The judge sentenced her to probation. Thus, she had to abide by the general conditions of probation in that jurisdiction, which included meeting with her probation officer once a month, obeying all laws, and maintaining employment. The judge added two specific conditions to her probation. First, she was required to attend Alcoholics Anonymous meetings once a week. Second, she had to attend a victim impact panel. At these panels, offenders listen to survivors of drunk-driving accidents talk about the harm caused by the crime.
Parole Revocation The administrative action of a paroling authority to remove a person from parole status in response to a violation of lawfully required conditions of parole, including the prohibition against commission of a new offense, and usually resulting in a return to prison. (p. 359)
Restitution A court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community. (p. 359) C. Federal Parole (p. 359) • This determination is made by the U.S. Parole Commission. • It is slowly being phased out. IV. Probation and Parole: The Pluses and Minuses (p. 360) A. Advantages of Probation and Parole (p. 360) • The cost is lower. • There is increased employment. • Restitution is made possible. • There is community support. • There is a reduced risk of criminal socialization. • There is an increased use of community services. • There is an increased opportunity for rehabilitation. B. Disadvantages of Probation and Parole (p. 361) • There is a relative lack of punishment. • There is an increased risk to the community. • There are increased social costs. V. The Legal Environment (p. 361) • Probation officers may conduct a search of a probationer’s residence without a warrant or without probable cause (Griffin v. Wisconsin). This holding applied to parolees in Pennsylvania Board of Probation and Parole v. Scott.
Instructional Cue
You may want to review the important legal aspects discussed in Chapter 5. Remind students about the purpose of the exclusionary rule and Miranda protections. You can also use this discussion as an opportunity to demonstrate how conviction changes an offender’s legal status.
Revocation Hearing A hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation. (p. 362)
Conditional Release The release of an inmate from prison to community supervision with a set of conditions for remaining on parole. If a condition is violated, the individual can be returned to prison or face another sanction in the community. (p. 362) • Escoe v. Zerbst argued that the revocation of probation without notice or hearing was acceptable practice. (However, notice and hearing are required after Mempa v. Rhay.) • Gagnon v. Scarpelli and Morrissey v. Brewer declared a need for procedural safeguards for probationers and parolees, respectively. • Greenholtz v. Nebraska established that parole boards do not have to specify the evidence used in deciding to deny parole. • Bearden v. Georgia established that probation cannot be revoked for failure either to pay a fine or to make restitution if it cannot be shown that the defendant is responsible for the failure. • Minnesota v. Murphy states that incriminating statements to a probation officer may be used as evidence if the probationer does not specify a right against self-incrimination. VI. The Job of Probation and Parole Officers (p. 364) • The four functions of probation/parole work include the following: • Presentence investigations • Intake procedures • Needs assessment and diagnosis • Supervision of clients A. The Challenges of the Job (p. 366) • It is difficult to walk the fine line between conflicting duties (social work versus corrections). • Caseloads are extremely high.
Caseload The number of probation or parole clients assigned to one probation or parole officer for supervision. (p. 366) • There is a lack of opportunity for career mobility. VII. Intermediate Sanctions (p. 367)
Intermediate Sanctions The use of split sentencing, shock probation or parole, shock incarceration, community service, intensive supervision, or home confinement in lieu of other, more traditional, sanctions, such as imprisonment and fines. (p. 367) A. Split Sentencing (p. 367)
Split Sentence A sentence explicitly requiring the convicted offender to serve a period of confinement in a local, state, or federal facility followed by a period of probation. (p. 367) B. Shock Probation and Shock Parole (p. 368)
Shock Probation The practice of sentencing offenders to prison, allowing them to apply for probationary release, and enacting such release in surprise fashion. Offenders who receive shock probation may not be aware of the fact that they will be released on probation and may expect to spend a much longer time behind bars. (p. 368) C. Shock Incarceration (p. 368)
Shock Incarceration A sentencing option that makes use of boot camp–type prisons to impress upon convicted offenders the realities of prison life. (p. 368)
Recidivism The repetition of criminal behavior. In statistical practice, a recidivism rate may be any of a number of possible counts or instances of arrest, conviction, correctional commitment, or correctional status change related to repetitions of these events within a given period of time. (p. 369) D. Mixed Sentencing and Community Service (p. 369)
Mixed Sentence A sentence that requires that a convicted offender serve weekends (or other specified periods of time) in a confinement facility (usually a jail) while undergoing probationary supervision in the community. (p. 369)
Community Service A sentencing alternative that requires offenders to spend at least part of their time working for a community agency. (p. 369) E. Intensive Supervision (p. 370)
Intensive Probation Supervision (IPS) A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer. (p. 370) F. Home Confinement and Remote Location Monitoring (p. 370)
Home Confinement House arrest. Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement. Absence from the home during working hours is often permitted. (p. 370)
Remote Location Monitoring A supervision strategy that uses electronic technology to track offenders sentenced to house arrest or those who have been ordered to limit their movements while completting a sentence involving probation or parole. (p. 370) VIII. The Future of Probation and Parole (p. 373) • Parole has been widely criticized for unfairly reducing sentences and failing to reduce recidivism. • Probation has been criticized for not being a powerful deterrent and for being far less punishing than imprisonment. A. Reinventing Reentry (p. 374) • A 2005 report by the Reentry Policy Council created a set of guidelines for successful reentry into society: • Design programs to prepare offenders to reenter society. • Implement community-based programs to work with reentry clients. • Connect agencies for long-term support.