Transcript Chapter 8
Chapter 8
Probation
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Evolution of leniency/ Probation in America
social work role law enforcement role modern Probation (20th century) an obligation imposed by judge on an accused to perform a specific act (e.g., keep peace, pay debt, appear), or lose surety judge suspends sentence imposition, execution on condition of good behavior for period of time Recognizance (Massachusetts) 1830 Judicial Reprieve (England & US) money bail added Massachusetts 1837 unconstitutional in US, 1916 (time was indefinite; separation of powers) leniency granted to clergy (-> trial in ecclesiastical court; read Psalm 51- ‘neck verse’ Benefit of Clergy (Eng & US) 1200s - 1827 used only briefly in US
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early probation environment
John Augustus (1785 - 1859) “probation” 1841 Judge Peter Thatcher Boston Police Court release by “recognizance” 1830 “bail” 1837
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Augustus’ style of probation (1st “probation officer”)
key features (developed by Augustus) pre-sentence investigation revocation of probation supervision conditions social casework (e.g., jobs, housing) reports to the court
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dual perspectives re: probation services
law enforcement competing perspectives social work concern: focus: operation:
• • • •
public safety risk surveillance close controls
• • • • •
humanitarian reformation assistance service support
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organization of probation services
centralized vs.
decentralized (state vs. city)
issues
combined with parole vs.
not combined executive vs.
judicial control
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specialization in probation functions
pre-sentence investigation dual role (obligations) of probation post-sentence supervision
•
prepare (PSI) --( presentence investig. report) PSI issues:
•
contents
• • •
recommendations disclosure private PSIs
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establish relationship w/ offender establish relationship w/ office/supervisor establish supervision goals to help offender terminate probation
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the environment of probation supervision
officer
the
critical “mix”
offender
bureaucracy
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bringing about change: power vs. authority
“
power”
the ability to force a person to do something he or she does not want to do
vs.
to force
“authority”
the ability to influence a person’s actions in a desired direction without resorting
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three types of “authority”
(= parallel to 3 strategies of change)
irrational authority (power-coercive)
based solely on power
rational authority (rational-empirical)
based on officer competence
psychological authority (normative-re educative)
based on acceptance by client & officer of jointly determined goals, as well as strategies of supervision
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general supervision “styles”/ strategies for probation
selective intervention strategies
environmental structure strategies
deal with temporary crises develop daily living skills promote pro-social activities
casework/control strategies
to overcome serious instability & problems (housing, job, family, drugs)
limit-setting strategies
restrictions to allow close monitoring of conditions & enforcement of supervision requirements
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“case management systems”
rules, procedures, & protocols which are designed to maximize the effectiveness of probation services being delivered to offenders & the efficiency with which they are delivered
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5 components of NICs
a “model” system of case management
statistical risk assessment
reduces overprediction & improves accuracy of classification
systematic needs assessments
evaluate probationer according to a list of potential need areas
contact supervision standards
offenders classified into supervision “levels”
each has minimum contact requirements
case planning
officer must put supervision plan in writing
workload accounting
use time studies to accurately measure workload
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“conditions” of probation
3 types of conditions treatment
(to deal with problem/need)
• • •
drug counseling education job training
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standard
(imposed on all probationers) report to office stay employed don’t leave town don’t move
• • •
punitive
(to increase pain of probation) fine community service restitution
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Characteristics of Adults on Probation
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% adult probationers in special treatment programs
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techniques for monitoring & controlling substance abuse
techniques urinalysis
used to discover whether person is using drugs
methadone
drug which reduces craving for heroin; spares addicts from painful withdrawal symptoms
antabuse
drug which causes violent nausea (when combined with alcohol)
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termination of probation
two options
• •
Successful “discharge”
early termination normal termination (at expiration of term)
• •
Unsuccessful “revocation”
arrest, conviction for new crime “technical” violation of rules, conditions of probation
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termination of probation
two options
• •
Successful “discharge”
early termination normal termination (at expiration of term)
• •
Unsuccessful “revocation”
arrest, conviction for new crime “technical” violation of rules, conditions of probation
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