Question One: Change of legal status as a result of a conviction
Every citizen of the United States of America has constitutional rights which protect him or her from illegal searches by police officers. This is provided for under the 4th amendment which protects citizens from illegal searches and seizures. The exclusionary rule means that some evidence which is collected in violation of the defendant’s constitutional rights is inadmissible. The 5th Amendment of the constitution protects citizens from being witnesses against themselves. The 6th amendment is also another important right that cizens have, this provides the citizens with the right to counsel. The Miranda rights are also very important and it was first laid down in the case of Miranda v. Arizona. The rights include the right to remain silent, the right to an attorney and that anything said after being told of the right to remain silent can be used against the person.
Although these rights are very important and are upheld, in most times they have exceptions. When it comes to parolees and probationers, these are people who have committed offences and, therefore, they are at a high risk to society as opposed to other law abiding citizens. Since they are still under prison sentence, their expectation of privacy is reduced.
The reason as to why the rights of probationers and parolees have been limited is because since they have committed an offence, they are in need of close supervision and their rights have to be balanced with the interests of the state. This was brought out in the case of State of Kansas v Christopher L. Uhlig. In this case the appelant was not told of his Miranda rights; this is because the probabion officer had a reasonable suspicion and the probationer admitted that he was trying to hide cigarrates from the probation officers.The reason why the rights of probationers and parolee’s is limited is because they do not have absolute liberty, their liberty is conditional since they are still under the prison system.
The suspicion by the probation and parolee officers should be reasonable and not arbitrary. However probationers have a higher expectation of privacy than parolees. This is because parolee’s committed graver offences. In the case of Griffin v Wisconsin, warrantless search of probationers’ residence was allowed because there were reasonable grounds to believe that the probationer had violated his probation. This was similar in the case of Samson v Carlifornia, a warrantless search was upheld. Therefore, the rights of probationers and parolees are usually limited because they do not have absolute privacy, they are a danger to society and that there should be a balance between the rights of the probationer and parolee’s and the interests of the state.
Question two: Advantages and Disadvantages of Probation and Parole
Probation refers to the situation whereby an offender is released back into the community with some supervision. Parole on the other hand is when an offender has served some time in jail and he or she is allowed back into the community to finish his sentence. Parole is usually granted mostly on grounds of good behavior.
One of the advantages of probation and parole is that it reduces the costs incurred in correctional facilities. The United States of America spends 68 billion dollars annually on correctional facilities hence the cost could be cut and the money used for other sectors. Another advantage of probation and parole lies in the fact that there would be space in the prisons. A major problem in the prisons is that it is overcrowded; alternative correctional facilities like probation and parole reduce the congestion and create space.
Parole and probation is advantageous because in most cases it leads to reduction of recidivism. The prison system is mainly retributive while the parole and probation system is mainly reformative. The offenders interact with normal people in the community and not some hardcore criminals who are serving their time in jail. Studies have shown that some gangs are formed in prison. Another advantage of probation and parole is that it gives the offender a second chance and the opportunity to go on with his or her life.
One disadvantage of probation and parole lies in the fact that the offender is stigmatized in the community and he or she may not even be able to secure an employment. In addition, in probation and parole, the offender may go back to his or her criminal ways. This is very dangerous because the offender puts himself or herself in danger and also puts the members of the community in danger.
Question three: Describe the key problems in attempting to implement a successful re-entry program
A major problem in trying to implement a successful re-entry program is the problem of unemployment. In recent years unemployment has been a major issue in the United States of America; it is difficult for even the non-offenders to secure employments so it becomes even harder for offenders who have served time in prison to find employment. Another key problem in attempting to implement a successful re-entry program lies in the problem of stigmatization from the community. Most of the ex-convicts are secluded from the community, a fact that may have adverse results. Some of the results are that the ex-convict can go back to his old ways or even get depressed.
The problem of drug abuse is very common among ex-convicts. Most of these convicts in the United States of America have a history of drug addiction. Therefore, their attempts to come back into the community and have their freedom can result in a relapse. Another problem in attempting to implement a successful re-entry program is the issue of recidivism. This is when the offender goes back to committing crimes. Most prisoners are habitual criminals. Moreover, in attempting to implement a successful re-entry program the system is confronted by the low skills of the ex-convicts. Most of the ex-convicts have been in jail for long hence lack the necessary skills to carry out different duties. Lastly, a lot of money is already spent on correctional services hence there is lack of funds to establish adequate programs to enable the ex-convicts have a successful re-entry.
Question four: Identify and describe the various forms of intermediate sanctions
Intermediate sanctions are usually for non violent crimes and first time offenders. The sentences is harsher than probation but less harsh than incarceration. Some examples of intermediate sanctions are discussed as follows: fines- this is when an offender is made to pay in monetary terms for an offence he or she has committed. It is the most common form of intermidiate sanction used in the United States of America. Forfeiture- this is when the offender is made to surrender the property that was used to commit the particular offence. The offender is also made to return whatever he or she had obtained unlawfully. Community service- this when the offender has to pay compensation to the community because he or she had interrupted the normal activities of the community. It is usually for petty offences. Some of the activities that the offender maybe ordered to perform are for example working in nursing homes and hospitals. Restitution- this is when the offender is ordered to return the complainant who was affected by his act back to his or her original position. Home confinement- this is also another form of intermediate saction. In this case, the offender is made to stay at home and serve his or her time at home. He or she is usually electronically monitored. Juvenile justice system- this is a very common type intermediate sanction, this is because of the increase in number of young offenders. In this type of saction the juvenile is taken to juvenile centres and dentention centres for rehabilitation.
Question five: Describe the four major functions and duties of probation and parole officers
The first major function of a probation and parole officer is that of supervision of the parolee and the probationer. Every probationer and parolee is attached to a probation officer and a parole officer. It is the duty of the probation and parole officer to attend meetings with the probationer and parolee. Some of these meetings include meetings with a therapist or even religious leaders. The parole and probation officer has the duty of supervising the parolee and probationer’s living arrangement, work arrangement, helping with job interviews and ensuring that the parolee and probationer are progressing well and they are intergrating well into the community.
The probation and parole officer is an officer of the court and he or she has a responsibility to make reports on the progress of the probationer and the parolee. Often, the probation and parole officers have to go to court for the hearing of the probationer and the parolee and even give evidence during such hearings. The probation and parole officers have the duty of referring the probationer and the parolee to various people in the community. These people include job agencies, therapists, religious leaders and even other support groups. The probation and parole officer’s duty is to make recommendations and some decisions for the probationer and parolee to ensure that they are on the right path and that they are intergrated well into the society. Another duty and responsibility the probation and parole officers have entails ensuring that they offer any assistance and act as mentors for the probationers and parolee’s to ensure that they are on the right path.
References
Herminda, J. (2010). Criminal Law. Toronto: Kluwer Law International.
Schmalleger, F. (2008). Criminology Today: An Integrative Introduction. New York: Pearson/Prentice Hall.
Schmalleger, F. (2013). Criminal Justice: A Brief Introduction. New York: Pearson Education.
