Probation and Parole
CHAPTER 12
Probation
 Court ordered
 Suspended Sentence
 59% of convicted criminals are on probation.
 Abide by conditions
 General – applies to all probationers
 Specific – applies to one specific probationer
Probation History
 English courts began the practice of “binding over for
good behavior.”
 Offenders were placed in the custody of willing
citizens.
 John Augustus –
 Boston shoemaker who observed court proceedings
and volunteered to take home drunkards.
 He was considered the world’s first probation
officer.
 By the time Augustus passed away, he had
supervised over 2,000 offenders.
Probation Statistics
 4.2 million men and women were on federal
state or local probation at the end of 2005.
 23% of probationers are women
 On average about 60% successfully complete
probation
 Year end 2005 Tennessee had 49,300 people
on probation.
Probation statistics
 PERCENTAGE OF PEOPLE ON PROB. BY




CRIME
5% of people convicted of homicide
21% of convicted sex offenders
12% of convicted robbers
30% of those convicted of aggravated
assault. (Mote shot fiance in chest for
canceling their wedding)
Probation Conditions
 General conditions
 Maintain employment
 Obey laws
 No guns
 Stay within the state/county
 Pay fine
 Home visits from probation officer
Probation Conditions
 Specific Conditions
 Surrender driver’s license
 Be subject to blood, urine, breath tests
 Community service
 GED
 No contact with co-defendants/ victims
Parole
 A convicted offender is conditionally released
from prison before his/her sentence expires.
 Parole Board decides.
 Discretionary
 May be returned to prison if they violate the
terms of their parole
Parole Conditions
 Similar to Probation conditions
 Don’t leave the state
 Report to parole officer
 Employment
 Surprise visits from parole officer
 Pay restitution
Parole statistics
 At year end 2005, nearly 784,400 people were
on parole.
 94% of those on parole had a sentence > 1
year
 Women are 12% of parolees
 45% successfully complete parole, 38% return
to jail/prison 11% abscond (run-off).
Searches of Probationers
 Griffin v. Wisconsin
 Probation officers can search a probationers home
without a warrant or probable cause. – probation
is a form of imprisonment.
• Though the 4th Amendment normally provides for
privacy, probation “presents special needs beyond
normal law enforcement that may justify
departures.”
Searches of Probationers
• Pennsylvania Board of Prob. And Parole v.
Scott
 Exclusionary rule doesn’t apply to parole officer
searches.
Searches of
Probationers/Parolees
 U.S. v. Knights
 Search of a probationers home by police officers
on reasonable suspicion does not violate the 4th
Amendment.
Probation Revocation
 If someone violates the terms and conditions
of his/her probation he or she can be ordered
to serve the original sentence
 Probation violation hearing in front of the
judge.
 Plea bargain.
Parole Revocation
 Don’t abide by the conditions.
 Most common:
 Failure to report
 Failure to participate in rehabilitation program
 Alcohol/drug abuse
 Revocation hearing in front of the paroling
authority.
 Serve out the remainder of the sentence.
Revocation Hearings
• Mempa v. Rhay (1967)
• U.S. Supreme Court held that in
probation revocation decisions
both notice and a fair hearing are
required and probationer must
have the opportunity to be
represented by counsel.
Revocation Hearings
Gagnon v. Scarpelli
 U.S. Supreme Court held that
probationers are entitled to two
hearings:
 A preliminary hearing to determine
whether or not the probationer should remain
in jail.
 A more comprehensive hearing prior to
the final decision about revocation.
Parole Revocation hearings
Morrissey v. Brewer
 Right to notice of violation
 Evidence disclosed
 Neutral and detached hearing body
 Chance to appear and offer a defense
 Cross examine witnesses
 Written decision
 ** right to attorney if indigent.**
Advantages to
probation/parole
1. Lower cost
2. Increased employment
3. Restitution
4. Community support – family support
5. Reduced risk of criminal socialization –
prisons
6.
7.
Increased use of community services counseling
Increased opportunity for rehabilitation
Disadvantages of Probation
and Parole
1. Lack of punishment
2. Increased risk to the community
3. Increased social costs – child support,
welfare, health care, etc.
ProbationQuestions
 5% of murderers and 21% of sexual offenders
are sentenced to probation..
 Should murderers or sexual offenders be
sentenced to probation?
 Would there be any crimes for which you
would exclude probation as a sentencing
option?
 Why???
Questions
 Do communities have the right to be
informed when ex-convicts are released?
 What competing rights must parole boards
weigh?
 Whose rights or needs should be given the
greatest consideration?
 Should parole boards have immunity for “bad
decisions?”
Parole???
 Parole is used to reduce overcrowding…
 Should parole be eliminated?
 Are there other mechanisms states can use to
reduce prison populations? What are they??