Determination and probation simulation is decided by the courts. The court will issue mandatory conditions according to the sentence. Depending on the crime, a defendant who has a felony, misdemeanor, or an infraction of any kind during the probation period will have their probation revoked by the judge who sentenced them (Phoenix, 2014).
Probation is provided with certain conditions that have to be followed to the letter. Parole and probation are different kinds of rules after sentencing. Parole starts only if he/she is eligible for parole, which is after the inmate is released and supervision is provided after the inmate has done part of his/her sentence. Probation is order by the judge instead of issuing jail or prison time (Seiter, 2011).
Case #1
Name: Graves, Stanley: age 41
Crime: DWI
Sentence: 2 years’ probation, 3 days in jail, 30 day suspension
History: Graves is an executive for a local insurance company for 18 years. The defendant is a father of two children, and owns his home. The lost a third child due to a boating accident caused him to go from a social drinker to heavy drinker. The following treatment was prescribe: Drug/alcohol treatment, family counseling and Psych Evaluation.
Mr. Stanley Graves had some potential underlined issues. Did his drinking increase before or after the death of his third child? Was he the one driving the boat on the day of the accident? Had he fully allowed himself to grieve after the loss of his child? Could he be blaming himself for the accident causing him slip into a destructive pattern? Since he was married and seemed to have a support system at home, although it was his second DUI we deemed him not to be a high risk offender, with a parole officer and his family workin...
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...as given assistance in getting him housing.
At our three month check in, Kenneth Stanfield has been successful in finding housing as well as maintaining steady employment. He has also been attending narcotic anonymous on a regular basis and has maintained clean drug tests for the past three months.
To reaffirm that his sobriety is in his hands we scheduled an appointment to meet again in three months. Though he has been able to remain clean for three months, only time will tell if he will be successful to live a sober life from this point on.
Works Cited
Phoenix, U. o. (2014, March 3). CJi Interactive Multi-Media. Retrieved from Ch12 Determining Conditions of Probation: https://ecampus.phoenix.edu/secure/aapd/UC/CJ/index.html
Seiter, R. P. (2011). Corrections An Introduction. In R. P. Seiter, Probation and Intermediate Sanctions (pp. 105-135). Prentice Hall.
Reyes v. Missouri Pac. R. Co., 589 F.2d 791, 794 (5th Cir. 1979) The appellant court held that it was not. According to rule 404 under the Federal Rules of Evidence, “evidence of a person 's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait”. Fed. R. Evid. 404 Under this rule the evidence of Reyes prior convictions admitted by the trial court, “purpose of showing that he was intoxicated on the night that he was run over by defendant-appellee 's train” proves to be inadmissible under Rule 404(a) of the Federal Rules of Evidence. Reyes v. Missouri Pac. R. Co., 589 F.2d 791, 792 (5th Cir. 1979) The courts due mention the exceptions on the admission of character evidence. However the court did not use the evidence of Reyes past drunkenness to prove some other criminal purpose. Since the trial court failed to do the latter, and instead entered evidence on the basis of character to prove that the plaintiff acted in accordance with his character trait during the night in question, it went against the modern rules set out in FRE 404 and is therefore
Cohen, A. (2014, February 5). The Private Probation Problem Is Worse Than Anyone Thought. The Atlantic, pp. 26-31.
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
Lab, Steven P. “Institutional Corrections.” Criminal Justice: The Essentials. New York: Oxford UP, 2011. Print.
The United States Criminal Justice System has several options available when it comes to sentencing. Probation is one that we hear of most when it comes to first time offenders as well as juvenile offenders. John Augustus first developed probation in Boston in 1841. The first probation law was enacted in Massachusetts in 1878. By the 1990’s the juvenile justice system was far more effective as it began taking greater measures. In 2010, probation was used in approximately 53 percent of juvenile delinquency cases. Typically, probation sentences are circumstantial, and are imposed under very specific terms and conditions. These must be followed by the defendant unless he or she would like to return
The first issue to be tackled for an offender is a drug referral if needed since other interventions and programs will not have much effect if the offender will not retain them due to drug use. These treatment facilities communicate with the probation officers. They keep them informed on the offender’s progress and/or issues the offender has. The lower risk offenders are eligible for treatment programs. (Loftus, lecture)
Probation is when the sentence of being in prison is adjourned, and there is a period where the offender is place under supervision of a correctional officer.Probation also releases the person back into the community, but has less freedom then a regular citizen. Because it comes with conditions that the person must meet, for example: see their probation officer, and have good behavior, if they do not meet these conditions they violate probation, and their probation may be revoke or amended(Phillips,2014).
A probation system is an opportunity offered to offenders with minor crimes or good behavior in where the offender is not send to jail instead he/she is put it in probation in where they have to report to a police officer and they have to follow the court orders and cannot break the law. Usually probation is an opportunity for offenders to reintegrated with the community. The North Carolina Probation system is based on supervising the offenders and help them succeed. Also making sure that the offenders don't go back to prison or jail. The organization of the probation system is very similar to a corrections goal which is overall rehabilitation. Probation is not given to anyone, before an offender is place on probation a judge would look at all his criminals record, acts against
These issues related to overloading casework are complicated by additional trends in community-based corrections. Probation was once a place for relatively low-level offenders that posed little threat to public safety and were mostly in need of pro-social steering (Petersilia,1998) (DeMichele, 2007). Probation and Parole reviewed each and every case files in simplest for compliance with many division policies and procedures. Probation and Parole compares the number of contacts in and at different field officers made to the number of contacts required to be made to ensure the offender are assigned to the correct level of supervision based on the division's availability, and determined if violation and case summary reports are completed in a timely and accurately (McCaskill, 2006).
What is the difference between juvenile diversion and probation? Juvenile diversion is processing a juvenile without going to court. It is a referred to the commonality board like court for youth, or if there is legal insufficiency they would dismiss it. Diversion can have a number of essential and imperative designs. It can benefit juveniles who are low-liability that are less likely to make poor decisions and avoid the stress that can have consequences from being delinquent in the determination process. Diversion has provided some great conveniences for public collaborators and victims to have an effective role in managing low-liability juvenile delinquents. The diversion development can deflate accountability of the courts, which would on the other hand come across as impractical for them to arbitrate every single delinquent that is recommended for it. Diversion is also in-expensive it would be expeditiously against the, opposed actions. Diversion also helps the process in reducing probation cases; also, it helps the appropriate capabilities for staff’s precious yet limitless time to more of the serious delinquents. Probation is usually for offenders who need to be rehabilitated by strict supervision but do not need to be incarcerated. Probation has optional arrangements with condemnation given out by the judge that would also allow for halfway housing arrangements and other programs such as conversion programs. Even though, diversion programs deflect confinement and condemnation probation punishes if one should be convicted of an offense and could possibly be confined if the delinquent should happen to violate their terms of the probation process (State of Alaska, 2012).
The case of the State of Florida vs. Chad Heins happened in 1994 in Mayport, Florida. It was on April 17, 1994 that Tina Heins, who was pregnant at the time, was found stabbed to death in her apartment. She shared an apartment with her husband Jeremy Heins and Jeremy’s brother Chad Heins. At the time of the incident Jeremy Heins was on a ship because he worked in the navy but Chad Heins was at the apartment. Before the incident happened Chad Heins, the defendant, who was nineteen at the time, used his brothers license to buy alcohol at a strip club near the apartment. After that Chad Heins had went to another bar where his brothers license got confiscated. He left the bar around 12:45 a.m. and went back to the apartment. He then washed his
Nieto, M. (1996). Community corrections punishments: An alternative to incarceration for non-violent offenders. Retrieved March 13, 2011, from http://www.library.ca.gov/crb/96/08/
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
Ryan is the presented client in this case at twenty-five years old. He identifies himself as a heroin addict and first started using substances at the age of twelve years old. This was around the time that Ryan reports his parents got divorced. His substance use first began with occasional alcohol and marijuana use that became daily use by the age of fifteen. Ryan shares that he then began to experiment with a variety of drugs including opiates which became his drug of choice. His use of opiates escalated from pills to intravenous heroin use that he was supporting through dealing, stealing, and pawning. The client has made attempts at sobriety previously including detox, inpatient, intensive outpatient treatment, and one-on-one therapy. His girlfriend recently entered treatment for her heroin use and Ryan is able to report numerous consequences of his drug use over the past several years including pending legal issues that have driven him to
...ernment. On the other hand, probation is a judicial function. Also, parolees have already spent time in prison before being released into to the community while probationers usually haven’t (in most states). In some jurisdictions, both are supervised by state employed officers or agents, while in others they are supervised by separate probation or parole agencies (Stohr, Walsh, & Hemmens, 2013, p.270). Parole and probation officer (sometimes these jobs are combined in some jurisdictions) have two common roles: to protect the community and to assist the probationers/parolees to become more productive, law-abiding members of the community. This dual role makes them both law enforcement officers as well as social workers.