Probation and Punishment
Name
Lass
Date
Professor
Probation is an option provided by the court as a form of supervised punishment for criminal offenders that do not pose a major threat to society. After reviewing the file of Kris, Robert Donovan, a Jurisville probation officer, has suggested intensive probation. Probation officers review the file of a criminal defendant and make recommendations to the court. Intensive probation refers to supervision by a probation officer that is highly structured and designed to divert the offender from going to prison. Criminal defendants sent to prison are far more likely to commit further crimes upon their release then the defendant placed on probation.
When reviewing the case of Kris the probation officer would have seen that the defendant committed a nonviolent crime with the theft of the jacket but Kris confessed to committing the crime which is a felony and must be punished. Instead of sending Kris to jail, where he will potentially learn new criminal skills, he can be placed on probation and given an opportunity to learn a new set of behaviors towards crime. Probation does not only allow the criminal defendant to avoid jail it provides an opportunity for the probationer to make positive changes and become a more productive member of society (Howell, 2009).
Secondly probation helps to relieve overcrowding in prison. Many prison systems are overcrowded with prison inmates who leave prison only to commit further crimes. During intensive probation Kris will have access to opportunities to change. These opportunities and requirements are defendant on the requirements of the court. This includes counseling, job training, and educational opportunities. The problem is some criminals use probation as a way to avoid jail and will go through the motions instead of truly making any changes to their deviant behavior.
Intensive supervised probation programs are designed to provide highly structured supervision with the goal of diverting the criminal offender from prison. In order to be eligible for these programs the criminal offender must have committed a violent crime or must have committed a serious crime. The offender must be affiliated with a gang or have a history of substance abuse. Another attribute of the criminal offender, in order to be eligible for an intensive probation program, is the criminal must be at risk for repeat offenses. Repeat offenders are one of the biggest problems for state and federal correctional systems.
Intensive probation provides strict monitoring and rehabilitative programs designed to change criminal behavior. First time offenders will benefit from standard probation. Persons at risk for reoffending would benefit from stricter probation terms. The type of offender that is perfect for intensive probation is a criminal offender with a history of committing felony offenses and has a prior guilty verdict for another crime (Wolf, 2012). Other criminals eligible for the intensive probation program are a history of substance abuse or mental heath issues.
The strategy of matching the inmate to the correctional facility is necessary to ensuring proper placement. There are many reasons this strategy is necessary. For one the type of crime committed by the criminal offender should be dependent on where they are placed (Campbell, 2013). A criminal that commits a nonviolent felony should not be placed with violent, repeat offenders. By placing inmates in the appropriate prison there are fewer security risks. For example if a prison has a large number of inmates from one gang it would be much better to put the inmates in another prison to risk the security complications this could create.
Matching an inmate to a prison will ensure that an inmate that killed the brother of another inmate is not placed in the same prison or cell black as the friend or family member of the victim. When inmates are matched to the right prison there will be fewer less security issues. For example lower risk prison inmates will be placed in correctional facilities with minimum security while the most violent of inmates would be placed in maximum security prisons. Lower risk inmates would not be placed in maximum security prisons because of the risk they would face due to more violent inmates. When an inmate is forced to serve their sentence in a maximum security prison it would be considered cruel and unusual punishment if there crime was a minor felony theft.
While the goal of the American correctional system is to punish criminal offenders this is not effective unless during the punishment the inmate is taught new life skills. Programs and amenities geared to making prison life effective are designed to occupy the mind of the prison inmate to ensure they do not have time to engage in deviant behavior as well as to provide them with the tools they need to become regular members of society. Hiring extra correctional officers benefits everyone in the prison setting from the correctional officer, to the prison staff, to the prison inmate. When there are additional correctional officer there are fewer security violations resulting in fewer attacks on correctional guards or inmates.
The prison setting cannot be all about punishment. Retribution has been proven to be ineffective and does not deter criminal from committing further crimes. Providing programs designed to change the attitude and behavior of the criminal will only benefit society in the long run. When inmates are thrust back into society without access to any programs or services the end result is they will only commit further crimes. When the inmate has an opportunity for positive change the likelihood they will commit further crimes upon their release is reduced. If the inmate is not given the tools to change they will continue to be a burden on the taxpayer but if they have provided with opportunities to change within the prison environment they have a better chance of remaining put of prison and leading a normal, crime free life.
References
Campbell, K. (2013). State prisons shuffle inmates to manage security risks. Retrieved June 9,
2014 from http://www.correctionsone.com/officer-safety/articles/6131451-State-prisons
Howell, J. C. (2009). Preventing and Reducing Juvenile Delinquency: A Comprehensive
Framework. Thousand Oaks, CA: Sage Publications
Wolf, R. (2012). Overview of the Intensive Supervision Program in New Jersey. Retrieved June
9, 2014 from http://www.randolphwolf.com/blog/intensive-supervision-program/