University:
University of California, Berkeley
Course:
Law 200.2 | Civil Procedure for LL.M.Students
Academic year:

2022
Views:

165

Pages:

2
Author:

Alma Hester

1. probation= one aspect of community corrections, is "a sentence served while under supervision in the community” and an alternative to imprisonment 2. Advantages of Probation and Parole a. Lower costs b. Increased employment c. Restitution d. e. f. g. Community support Reduced risk of criminal socialization Increased use of community services Increased opportunity for rehabilitation 3. Disadvantages of Probation and Parole a. Relative lack of punishment b. Increased risk to the community c. Increased social costs 4. Probation a. Probationers general avoid incarceration b. Sentencing option available to a judge c. Sentencing strategy 5. Parole a. Parolees have been incarcerated b. Administrative decision by paroling authority c. Correctional strategy 6. 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 7. Disadvantage of using probation instead of imprisonment is it provides the offender with many opportunities to interact with other convicted offenders and this can increase risk of new crimes, probation and parole increase the chance that added expenses will accrue to the community in the form of child support, etc. 8. Probation is less likely to increase the risk of criminal socialization 9. Griffin v. Wisconsin (1987) a. Probation officers may search a probationer's residence without a warrant or probable cause 10. Sex offenders are ineligible for Non-revocable parole, validated gang members, serious felons and prisoners found seriously guilty are not eligible for NRP 11. Minnesota v. Murphy, the court held that a probationer’s incriminating statements made to an officer can be used as evidence against him or her if the probationer does not specifically claim a right against self-incrimination. 12. Client supervision of sentenced probationers or released parolees is the most active stages of the probation or parole process and is not part of intake procedures a. E. meeting every week 13. Presentence investigation is required for a probation officer for facts to a sentencing judge 14. Immediate sanction: main adv: a. Less expensive than imprisonment b. Socially cost-effective c. Provide flexibility 15. Second chance act- it intends to break the cycle of criminal recidivism 16. Samson v. california- Found that the 4th Amendment does not prohibit police officers from conducting a warrantless search of a person who is subject to a parole search condition, even when there is not suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole.