...Determining Conditions of Probation CJA/234 June 18, 2009 ABSTRACT Conditions of parole and probation have contributing factors that affect an offender’s post-prison life. The background of the offender is very important when determining conditions of probation and parole. The history of offenses committed by the offender is extremely important. Conditions of parole and probation consist of drug/alcohol treatment, psychiatric evaluation/treatment, anger management treatment, family counseling, job training, housing assistance, and intensive supervision. The conditions recommended help the offender turn his or her life around permanently. In some cases that does not happen when the desire of the offender does not exist. Determining Conditions of Probation Stanley Gravas is married with two children. He recently lost his third child in an accident. The loss of his child sent his family in chaos. Stanley admitted he was a social drinker but when his child died, he started drinking more. Neither he nor his family has dealt with their grief. This is the second DWI. Looking at his case I decided to give Stanley a few conditions in his probation that will not only help him but his family as well. Stanley must attend drug and alcohol treatment which includes attending meetings regularly. He and his family will also attend family counseling to help them with the grief and the damage that Stanley’s drinking has done to all of them. After 90 days he has been...
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...with husband Plaintiff= Husband Defendant= Jenner Has epileptic serious and was placed on probation by DMV Procedural History: Hammontree filed a suit against Jenner for negligence and strict liability. During the course of the trial, Hammontree dropped the negligence claim and pursued strict liability. The Court did not grant Summary Judgment on the doctrine of liability. The trial court then refused to instruct the jury on the claim of absolute liability. The case was appealed from the Superior Court of Los Angeles County. Facts: Defendant (Jenner) was driving when he suffered an epileptic seizure and crashed into the bicycle shop owned by Maxine Hammontree and her husband. Defendant testified to a history of seizures. Dr. Benson Hyatt has diagnosis his condition and had seen the defendant every 6 months because he was placed on probation by the DMV. Dr. Hyatt testified that defendant “was doing normally” and his medication prevented the seizures. Maxine is suing the defenders for personal injuries and property damage arising out of the automobile accident. Maxine was struck by the car....
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...convicted of committing a criminal offense is subject to certain penalties such as paying fine and restitution, serving time in prison or jail, or community service. Criminal law is divided into two major classifications, misdemeanors and felonies. Misdemeanors are divided into three categories simple, serious, and aggravated. Felonies are more serious crime, and are classified from the most to the least serious as follows, from A, B, C, and d. for both misdemeanor and felony offenses, the penalty for conviction generally increase in severity with the level of offense. Generally speaking, a person arrested for breaking a criminal law appears before a judge within twenty- four hours. The judge will inform the person of the charges and bail or conditions of release. For some minor offenses, the judge may allow the person to enter a plea of guilty or not guilty at the initial appearance. After the initial appearance, the defendant is entitled to a preliminary hearing to determine if there is sufficient evidence to continue the case. Generally the defendant will waive that right, and the prosecutor will file trial information, which is a formal statement of the charge. Following the filing of a trial information or indictment, the defendant will appear for an arraignment. At the arraignment, the court may read the formal charges and the defendant must enter a plea, generally guilty or not guilty. If the defendant cannot afford to hire an attorney, the court will appoint an attorney to...
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...Community corrections is a range of alternative punishments for nonviolent offenders. There are two basic community corrections models in the United States. In the first model, integrated community corrections programs combine sentencing guidelines and judicial discretion ("front-end") with a variety of alternative sanctions and parole and probation options. In the second model, some states have instituted programs in which correctional officials may direct already sentenced offenders into alternative sanction programs and parole and probation options ("back-end"). Both models are designed to help reduce prison overcrowding and are less expensive alternatives to prison. Widespread development of community correction programs in the United States began in the late 1970's as a way to offer offenders, especially those leaving jail or prison, residential services in halfway houses. The first state community correction programs began in Oregon, Colorado, and Minnesota as pilot projects with very little government-funded support. They diverted nonviolent offenders in selected pilot project areas from jails and state prisons into local alternative punishment programs. The programs were referred to as "front-end" sentencing because they allowed judges to sentence offenders to a community-based punishment rather than jail or prison. Rehabilitation programs were the preferred punishment option. In the late 1980's, prison systems across the country began experiencing serious overcrowding...
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...INDUCTION PROGRAMME FOR NEW STAFF The induction programme lists suggested activities to be covered from day one through to the end of probation. |SESSION |SUGGESTED CONTENT OF SESSION | |Introduction to the University and work area |Mission, Vision, Objectives of work area | |Person Responsible – Line Manager |How the work area fits in to the wider University | | |All key operational and social areas to be visited. (e.g. Offices, Labs, Catering | | |Facilities, Bank, Library) | |Introduction to other members of staff |Go through organisation chart | |Person Responsible – Line Manager |Discuss roles and responsibilities of staff in general terms. | | |May also want to extend time to allow visits to key contacts outwith work area. | |Introduction to the other teams within the Work area|Purpose/Activities of the other teams/work areas | |(if appropriate) ...
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...THE CHOICE BETWEEN PUNISHMENT AND REFORMATION:- The scope and purpose of this article is to ascertain various alternatives to punishment that contributes positively and effectively in the reformation and rehabilitation of the offender as well as the victim within the socio-economic conditions of India. The scope and purpose of this article is to ascertain various alternatives to punishment that contributes positively and effectively in the reformation and rehabilitation of the offender as well as the victim within the socio-economic conditions of India. The article further attempts to explore the possibilities of reconciliation of the punitive and reformative ideals to the common betterment of the offender, victim and the society. Introduction Punishment is a means of social control. It is given to the offenders with the aim to check them from committing crimes again. It deters not only the actual offenders but also others from doing the same kind of acts in future. On the one hand, it is some solace to the victim or to his relatives if the offender is punished and on the other hand it serves a social purpose to prevent the people from indulging in criminal acts. So that the punishment may be a reasonable means to check the crime, three things are essential for it. The first is the speedy and inescapable detection and prosecution, the second is a fair chance of “a fresh start” after the punishment and the third is that the State which claims the right to punish must...
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...kept certain people safe. The government plays a important role always, but religious leader and special group of people all gather information to help protect society. If you read the Bible, which is one of the oldest book written, Moses brought from the mountain, laws that God had written and people knew if those rules wasn't followed you would be punish. There are laws that the Roman Empire created to keep peace, which also was the European who later on discovered America Confinement of People After determining the laws, key leader had to come up with ways to keep people who broke the rules away from the good citizen. One solution was to move away from biblical argument. By the 1820s, most states had amended their penal codes. In 1793 William Bradford and the attorney general of the United States showed interest in the old penal codes. Bradford (1793,1792) Places where people were held was call prison, big house and other names;during these time of adjusting the condition in some prison was horrible, and the way the prisoner were treated wasn't good either. One of the roles that prisons played in many states was based off of two systems the Auburn and Pennsylvania. The Auburn system the prisoner worked in silence but together, and the Pennsylvania system they worked silence and isolated, both systems worked in some ways but didn't in others. Prisoner started going insane and it was to much to handle. Thomas Blomberg (2000). The prisons started to grow fast during the 1800s...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...mental illness lies in the assumed need for the offender to recognize the danger and undesirability of his criminal behavior and make a significant effort to renounce it. The treatment model does not "remove" criminal behavior, as surgery might remove a malignancy or chemotherapy extinguish an infection; rather the "patient" or inmate is made to see the rewards of socially acceptable behavior and encouraged to adopt it as a mode of conduct for himself. (1) Contrary to some popular misconceptions, the treatment ideology does not mean that inmates are "coddled" and permitted to do as they please within an institution. ______________________________ (1) Sanford Bates, "The Establishment and Early Years of the Federal Probation System," Federal Probation 51 June 1987, p : 4-9. - National Advisory Commission on Criminal Justice Standards and Goals, A National Strategy to Reduce Crime, Washington , U.S. Government Printing Office, 1973p: 121. In fact, some form of treatment ideology can permeate the most restrictive and security-oriented institution . The major difference between the treatment and punishment ideologies is that in the former the inmate is assigned to a correctional...
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... • Social care, social control, and rehabilitation: assisting clients to meet their social needs who cannot provide for themselves and whoever once able to live independently becomes unable to function socially, physically, or psychologically. 2. Identify professional disciplines that influence human services. Professional disciplines that influence human services are: mental hospital, social philosophies, probation and jail, and treatment of people with mental illness, child welfare. These have been influent on human services. The disciplines allows human services professionals to understand how different aspects of culture and life affect individual (according to text book) 3. How have societal viewpoints concerning mental illness or health influenced human services over the past three centuries? Over the past three centuries, The societal viewpoints has developed a lot. Before the 19th century, the treatment of mental illness was not given much attention. Mental illness was not even considered as a medical problem. Determining insanity was the duty of officials like church wardens and governors and not of medical professional. In this society right now, mental illness has been taken care of as one of emergency...
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...in Proposition, thirteen other states followed suit. In addition, two more states have passed laws that, in one case, permit physicians to prescribe it (Arizona) and in another, allow it medical use as a legal defense in a prosecution for unlawful possession (Maryland): bills to legalize marijuana have been introduced in the state. In 2009 the U.S. Department of Justice (Do) announced that prosecutorial priorities should not target individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Judges in states that have legitimized medical marijuana are increasingly faced with the need to decide whether to prohibit medical marijuana use as a condition of probation. In 1972, marijuana was placed in schedule I of the Controlled Substances Act, which reflected the U.S. government’s view of it as having” no currently accepted medical use in treatment in the United States. Specifically, it indicated that individuals with cancer or other serious illness who use medical marijuana and the caregivers who provide the medical marijuana in accordance with state law should not be the focus of federal prosecution. In many of the states that have legalized medical marijuana, as in my home state of Colorado, medical marijuana is a growth industry. State and federal marijuana laws in some detail in order to lay the necessary foundation for the analysis in Part III and IV. Section A survey...
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...sentencing. Judges of the 21 st century have less discretion in sentencing options than the past. There are mandatory minimum guidelines a judge must follow for sentencing. The judges must also follow the three-strike laws for repeated offenders. There are sentencing for some crimes that have little consideration to personnel factors regarding offenders, their crimes, and the victims. There are six general categories of sentencing under state penal codes that are available to judges for sentencing options. 1) Economic sanctions – offenders pay a fine or restitution to the victim or complete community service. These are standalone sentences without probation. 2) Probation- a prison sentence is suspended on the condition one is supervised in the community. 3) Intermediate sanctions- a midrange disposition that fall between probation and imprisonment. 4) Short term confinement- a sentence in jail for one year or less. 5) Imprisonment- a sentence in prison for one year or more including life sentencing. 6) Capital punishment- these are the...
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...Sentencing Abstract In general, a juvenile cannot be tried in an adult court. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. In juvenile courts, a juvenile is entitled to Due Process Rights that include a transfer hearing before trial in adult court, notice of charges, and assistance of counsel, amongst others. However, juveniles are not entitled to a trial by jury, mandatory presence of parents during interrogation, and right against preventative detention. Punishment and Sentencing In general, a juvenile cannot be tried in an adult court. Instead, crimes committed by juveniles are handled in special juvenile courts that have limited jurisdiction, which is determine based on the offender being under the age of seventeen and above a state defined minimum age. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. Under statutory exclusion, juveniles that are generally older and commit crimes of a serious or violent nature can be tried as an adult. Under a judicial waiver, the juvenile court judge has the ability to send the case to an adult court. State statutes guide the juvenile court judge in determining which cases can be judicially waived. In doing so, a juvenile court judge must hold a waiver hearing to give due process protections to the offender. The...
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...Punishment vs Rehabilitation Alana Plummer AJS/502 The way our society is set up it is expected for the criminal justice system to either punish or rehabilitate an individual that commits a crime. Punishment is a condition to refer to any change that occurs after a behavior that reduces the likelihood that that behavior will occur again in the future. Rehabilitation is a treatment and training to an offender so that he or she is made capable of returning to society. There are differences between the effectiveness of punishment compared with the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment and rehabilitation both are effective with the deterrence of crime, effects on victims and offenders, society and the fiscal effect on society. Deterrence Deterrence is the act of preventing a particular act or behavior from happening. In the criminal justice system deterrence is used to prevent an individual from committing a future crime. Punishment can be an effective deterrence when an individual is sent to jail. Prison is a form of punishment. Prison is a temporary solution while the offender is incarcerated. The highest form of punishment in the criminal justice system is capital punishment. The death penalty is used to deter people from committing crimes. Capital punishment is defined as a form of putting one to death because of a crime a person has committed. The seriousness of the crime determines the punishment...
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...department has done a better job keeping very low risk youth out of the system altogether. Of those youth who do enter the system, some 150 low risk youth are supervised by 1 1/2 officers with diversion programs and minimal supervision, while the remaining officers are managing the 130 moderate to high risk juveniles (a 38% reduction in individual case load size) and providing individualized treatment through programs such as FFT (Functional Family Therapy) and T4C (Thinking for a Change)– cognitive behavioral programs that have shown through research to reduce a youth’s likelihood to reoffend. continued on page 8 Yolo County CA Probation Department Achieving Positive Outcomes with Assessments.com With her County experiencing a dramatic 70% reduction in juvenile residential placement over a three-year period, the chief of Yolo County Probation was being questioned by other juvenile justice...
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