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U.S. Supreme Court And The Impact Of Sentencing

1753 words - 7 pages

Probation is a sentence much like prison incarceration, but is a conditional release where there are rules and regulations to demonstrate or prove that their convicted behavior will not continue. There are conditions, rules, and regulations which are set up to assist the offender in regulating their progress to protect the community from further bad behavior. The main way a probationer is regulated is by demonstrating productivity. This is generally done by proof of work dependability, scholastic progress, paying child support, complying by court ordered sanctions, no further convictions, the absence of drugs in their physical system, remaining in a specific location, and maintaining a good relationship with the probation agency. The agency is determined by the location and decision of the judge mandating the sentence of probation.Many conditions of parole are systematically similar but many are specific to the convicted crime that a person was convicted. An example of this is a convicted bank robber having the probation condition of maintaining the grounds of a bank. This has been traditionally at the dissension of the judge overseeing the probationer.During the era of President Regan and the Republican rule, an enactment of making the probationers contribute to the cost of their programs was injected into the system of probation. Although supervision costs were traditionally less than $50.00 a month, this form of probation helped in the five ways which listed below: 1. The tax payer does not have to pay the cost of the $1,500.00 a month or more for incarceration.2. The offender is assisting the community / self / family through probation conditions 3. The person is adding to the tax base by paying taxes through outside work and not consuming the funds.4. The probationers are assisting with the finances of the regulatory services which are overlooking his or her progress.5. The incarceration bed space is being saved for more serious offenders who have a higher provability of repeating bad behavior if released back in the community.It is reported that Texas has been the most successful state at collecting fees from probationers, which can be as high as 90% from misdemeanor cases to 65% from felony offenders. (Peter Finn and Dale Parent, June 1993) One of the sentencing provisions that are mandated in the jurisdiction of Georgia includes a standardized set of standards. These standards are an attempt to minimize recidivism and maintain control of the court mandated conditions. The surveillance standards for the probation officers are as follows: ? Five face-to-face contacts per week ? Mandatory community service ? Mandatory employment ? Mandatory curfew ? Weekly checks of local arrest records ? Routine alcohol and drug testing (James A. Inciardi, Criminal Justice, p. 605, 2002) Created were many state, county and other jurisdiction ran probation systems the first of which was implemented in 1841. (Wright & Hasty, 1852) This first case involved...

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