Probation and Parole Revocation The idea of due process also known as procedural fairness is a constitutional right that is mentioned in both the Fifth and Fourteenth Amendments. This right is guaranteed to those under the custody of the correctional system despite their status. A probationer or parolee must be afforded the proper due process if the system is to be impartial. The courts have the job of determining, through litigation, of determining what is protected and also what is not protected. Typically the beginning of the revocation process involves the arrest of a probationer or parolee. Only after the arrest can the due process held in Morrissey v. Brewer be applied. Morrissey requires that before the status can be revoked a hearing must be given. Typically the full hearing with a determination will happen within two months of the process beginning (Palmer, 2010). To conform with the requirements of Morrissey, the Supreme Court, has given the following guidelines: written notice of violation; evidence against parolee must be given to him or her; parolee must be given the opportunity to be heard in person and present witnesses or evidence; parolee has the right to confront and cross-examine adverse witnesses, unless substantial risk of harm is …show more content…
However, within this ruling the courts stated that should a probationer or parolee be impecunious and unable to present their defense counsel should be allowed although sound discretion should be used on a case-by-case basis (Gagnon v. Scarpelli, 1973). The exception to the use of discretion would be if the revocation proceeding does involve the need for counsel of an impecunious individual then the state must follow the ruling in Mempa v. Rhay. Mempa states that when it is shown that an individual requires appointed counsel that lack of authority or funding will not be justifiable to deny representation
The Procunier case is whether the California Department of Corrections’ restriction on media-inmate interviews is constitutional or unconstitutional. The Supreme Court held that the California Department of Corrections ban was constitutional and did not violate the inmates’ rights of free speech. Furthermore, the regulation did not violate the media’s right to access information within a correctional Justice Douglas joined by Justice Brennan and Justice Marshall stated that the regulation violates the prisoners’ and the press’ First Amendment rights. However, Justice Stewart, Justice Burger, Justice Powell, Justice White, Justice Blackmun, and Justice Rehnquist stated in their dissent prohibiting face-to-face interviews was not unconstitutional and that restricting inmate visitation allowed inmates to communicate with people who could aid in their rehabilitation, but can be restricted when the security of the institution is at risk, referencing Chief Justice Warren in Zemel v. Rusk (Pell v. Procunier, n.d.). The court also stated that the media’s amendment rights were not violated.
Parole is a controversial issue because its vase ways to debate the challenges and problems that will exist. It’s like a side effect to medication based on one’s effectiveness belief. In like manner, the public media allows others who aren’t immediately effected to become tertiary, and secondary victims. It is the door to open opinions. An inmate is released from a sentence given parole and then assigned a parole and probation officer. The one thing that will make probation and parole successful is the supervision of the program and rehabilitation or residential treatment center. This will support the goal to maximize the good behavior and minimize the harmful behaviors of individuals. Probation is a good program because it’s a form of rehabilitation that gives inmates elevate space to obey rules and regulations. On the contrary, probation is risky just like any new diet plan that people use to
Parole is a privilege that allows criminals to be released from prison after serving a portion of their sentences. The main goal of parole is to rehabilitate the offenders and guide them back into society while decreasing the likelihood of recidivism. Generally, parole is granted after the offenders have served a portion of their sentence. While probation is an alternative way of sentencing or granted after a percentage of the sentence is served (Parole & Probation, 2013). There are terms and conditions that parolees must agree to when released, such as staying within state or county lines, passing drug and alcohol tests, and providing proof of residence and employment. The parolee’s parole will be revoked if he or she violates the conditions and return to prison.
Without proper motivation, many inmates may lose sight of their overall goal to improve their behavior. However, for the safety of the public, the requirements for parole should be strict enough to allow only the rehabilitated individuals out so there are less chances of violent re-offenders within the public. These constraints should serve only to filter out dangerous individuals, and should be flexible enough to provide the hope necessary to benefit offenders who are ethically ready to enter the general public. Furthermore, having the parole available to those who deserve it increased the overall compliance of inmates within prisons. Everyone deserves a second chance and probation should not serve to deprive offenders of that.
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
I’ve often wondered what it would be like to be on academic probation. The College of Liberal Arts and Sciences reviews all students at the end of both the fall and spring semester and summer term to determine their academic standing. Students in the College of Liberal Arts and Sciences must maintain a 2.0 cumulative KU GPA in order to be in good academic standing. Students below the cumulative KU GPA of 2.0 are placed on probation (KU.edu). Freshman and sophomores on Probation (between 0 – 59 completed hours)
Due process is a legal obligation that the state should adhere to the legal rights which are normally owned by the individuals who may be facing criminal or civil dealings. In every due process is very essential to one always questions whether the government has denied one party’s life, freedom, or property as they pursue their pleasure. The due process does integrate certain protections which consist of bill of rights such as the right to
from arrest through parole, rather than the result of the activities at any single phase. Addressing
sues. Mental Health Probation Mental health probation is for offenders who have severe and persistent mentally illness (Delisi, & Conis, 2013). This probation tries to decrease recidivism, but the probation officer does hold the malefactor accountable for their crime(s). The probation also tries to lower the cost of protecting the community while utilizing a cost effectiveness and getting the offender treatment.
The basic duties of a probation officer is to meet with the offenders they have been assigned to anywhere from once a week to once a month, this will continue until the offender has reached the end of their probation. The court will make the recommendations that will allow the offender to be put on probation and will also make a ruling as to how often the offender will report.
The Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
...s due process. Due process is best defined in one word--fairness. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
I am writing today to appeal my academic probation status so that I may continue receiving the Pell Grant for my studies. I have had an obvious stumble in my beginnings with FAU but I am certain that with steps I've taken this summer I will be back on track to a good academic standing while completing my bachelor's degree. After withdrawing from two classes this past spring I dropped below the 67% required completion rate. Despite this, I persisted and paid for a summer class myself. I also withdrew from this second-attempt class.
Throughout this paper, one will obtain a better understanding of the correctional system and how it is an important aspect of the criminal justice system. Therefore, the history of corrections, their mission statement, and sentencing goals will be briefly discussed. In the correctional system, there are different alternatives to imprisonment, such as probation, parole, and intermediate sanctions. I believe that parole makes a significant impact on the criminal justice system because it gives inmates who have already served time and shown good behavior the opportunity to be released early from prison. For example, there are two primary models of parole. First, the parole board grants a prisoner their parole based on their judgement
The United States of America contains the third largest population in the world, as well as the world’s largest prison population (Aliprandini and Finley). In order for the large criminal justice system to be successful, it must have a strong parole system. But the U.S. parole system is known to have a multitude of problems within it. Many of these problems can be solved by focusing on the relationships between the parole officers and the parolees (a person on parole). By participating in systems to better the work ethic of parole officers. Following through to fixing these affairs may seem unrealistic, however the outcome would be beneficial to society.