Exam 3: Community Corrections: Diversion and Probation
Discuss the probation population in the United States today. Specifically, discuss who is more likely to be on probation, what offenses are probationers more likely to have committed and what states have the majority of probationers?
there are more than 4 million adults on probation in the United States today. Most probationers are concentrated in a few states including Georgia, texas, California, Ohio, Michigan, and Pennsylvania. Probationers account for more than half the growth in the correctional population since 1990. While males make up about 55% of the adults on probation. 50% of all probationers have been convicted of a felony, including drug offenses, property offenses and violent offenses. 76% of probationers are male. Illegal drug use is a problem for probationers. Probationers are more likely than others to have mental health problems. High rates of injection drug use and risky sexual behavior also result in many probationers testing HIV positive.
Discuss probation revocation and the four cases where the Supreme Court provided procedural safeguards to apply at proceedings to revoke probation.
A violation of the terms or probation or committing a new crime can result in the revocation of probation. Revocation because of a rule violation is known as a technical violation. Violations of probation have led to an increase in offenders being returned to prison. this is contributing to the increase in the costs of corrections. Revocation is not an easy decision. the probation officer is notified of the violation and a formal hearing is scheduled. there are certain procedural due process rights at this hearing. In Mempha v.Rhay the court reversed the probationer's revocation because he did not have counsel at his revocation hearing. In Gagnon v.Scarpelli the Court held that both probationers and parolees have a limited right to counsel in revocation hearings. Here, it was determined that the probationers must be provided with counsel to ensure equal protection. In Bearden v.Georgia the court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine and make restitution, unless the probationer is responsible for this failure. In Unites States v.Granderson the Court ruled that it would be unfair to force a probationer to serve more time in prison as a result of a revocation of probation than one would have if originally incarcerated.
State-based acts that subsidize diversion of minor offender from state prisons are ____________________.
Community Corrections Acts
A ________________________________ requires an offender to spend a period of time in jail before being placed on probation in the community.
Discuss at least two pros and two cons of a locally operated probation department.
Deferred prosecution programs appear to be a good option for most first offenders because they avoid the stigma of a criminal record and reduce the volume of persons going through the criminal justice process.
The TASC program was designed to divert drug dealers away from the criminal justice system.
What are three ideas discussed in the text that can improve the effectiveness of probation?
A _____________________________occurs when a probationer violates one of the rules of probation, such as not meeting with your probation officer.
In _________________________, the Court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine and make restitution.
A type of probation in which the probationer is not supervised is:
A sentence requiring an offender to serve time in jail or prison before a probation placement is:
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