Introduction
The probation probe and the Missouri board were established on June 24th, 1973.This board releases the offenders who have committed crime in confinement by conditional release. The board determines whether the offender is to be released on residential facilities, through the community release, or whether the use of electronic monitoring would be appropriate. The board also establishes the specified condition that will address the specific needs of the offender hence this reduces the risks that may be associated with the same and this will improve the success of the board under the supervisions. This board further conduct investigations on the information that will be useful in governing all pardon application, the communication that are involved in the sentence, and the process of restoration or deprivations of citizenship. Parole is the early release of individual who haven’t completed the time that they have been the sentenced due to them showing improvement in their conducts.
The legal status
The offenders that are released by probation are granted a freedom that is compromised that is although they have escaped being confined in the prison there are a number of difference on how the probationers are treated and how the ordinary citizen. Their standard behavior that has resulted to them being on probation and their procedural rights are always transformed by their new status. The legal standards in which the population is held are usually set through the legislation and are usually carried out by the judicial systems. These standards can be traced to the government ideology like, each citizen is assured to certain rights, and these rights are only regulated when they are seen to interfere with the rights of other citizens. The police force is charged with responsibility of maintaining law and order. They ensure that every citizen is enjoying their right, and do not interfere with the rights of others. Although the police force is given the mandate to enforce the law there is a number of limitations on how to implement the law without compromising the right of the accused. The offender also need to know that the signing of the agreement that they would abide by the conditions of the probation , they need to understand that the standards on which they will be held extends beyond the controls that apply to the normal citizens. The probation orders includes: the condition in which offenders are supervised, ensuring that they fulfill the obligation of the court by paying fines and the court cost, Always reporting to their assigned supervising agent and always ensure that their supervising agent stays informed, In cases of offender being arrested for drugs they have to abstain from the use of drugs such as alcoholic in times of probation.
The exclusionary rule
This rule states that any evidence that is obtained illegally is inadmissible in court. This rule was implemented to always safeguard the rights of the defendant by discouraging the police force who is the law enforcers from acting in bad faith by doing searches that are not constitutional to obtain evidence. This rule ensures that when one is convicted for a particular offence as guilty it is beyond reasonable doubt.
Miranda warning
They can also be referred to as the Miranda rights. The police give a warning to the suspect before they are interrogated. Miranda warning is used to ensure that the suspect does not incriminate themselves during the interrogation by the police. The constitution helps the offender during the court proceeding by no honoring statements that are self in criminative during the trial.
Advantages of probation
There is some flexibility in the handling of criminal. It gives the judges to make the decision that are discretionary about how an individual can function in the society rather than sending them direct to prisons. It acts as a system that give the individual a second chance to help the individual redeem themselves and also monitoring the to prevent them from committing more crimes.
Through paroles, the costs of maintaining the prisoners are reduced. It is offered on good behavior or the board determines if a person has reformed and he is good to come back to the society. The cost of keeping a prisoner is estimated to be ten thousand dollars per year and through the release of some prisoners the costs are reduced.
Probation and probes offer better rehabilitation facility to the law offenders in that they associate with people unlike in confinement where they only associate with other criminals that are under rehabilitation program. Through associating with free citizens through community service, the offenders are able to change since they miss their free life.
There are increased uses of community services that are always offered by this offender who are either on probation or paroles.
Disadvantages of paroles and probation
There are high social cost that are incur in case of parole or probation in that they have to be some people who are employed to do supervision on the probates and paroles. This increase the social cost as compared to when they are serving a jail term.
Use of paroles and probation may also be seen as relatively lack of pu8nishment in that the offenders may have the right to live in their house and the only difference with freedom is that they have some electronic monitoring gadget on them.
It may result to discriminatory and unequal effect where the offenders are socially discriminated by the free citizens.
Problem in implementing reentry program
When some of the intimates are returned back to the community some of the will commit new crimes, others will go back to abuse the drugs immediately after their release. Some of them have difficulties in attaining employment since there is some discrimination in the society. Most of the intimate who are released to community may be suffering the continuous mental problems and drug abuse and as result they are not able to attain self sufficient and stable living situations.
Forms of intermediate sanctions
Split sentence
It entails having a brief incarceration period that is then followed by probation. This is usually used for the minors’ drug offenders.
Shock probation or paroles
In this case, the offender is sentenced to prison, and he or she is allowed to apply for the probation release. The offenders do not have the knowledge on whether they would be released from serving the long prison terms. The shock paroles are similar to shock probation but the only difference is that the decision this is administrative rather than being judicial.
Shock incarceration
It applies the use of boot camps that are helpful to demonstrate the realities of life in the prisons. It is usually applied for the people who are committing crime for the first time. It entails strict discipline and physical training. This program last from three to six months and those who fail are returned to the general population prison.
Mixed sentencing
In this type of intermediate sanction the offender spends weekend on confinement facilities while in the week days they are undergoing the probationary supervision in the community.
Community service
The offenders are required to spend time working in the community agency. services may include the cleaning of the police cars, refurbishing of public facilities, or the cleaning of graffiti.
Intensive supervision
It entail the frequent face to face contact with the supervision officer, use of mandatory curfew, there must be employment. The frequent checking of the arrest record and finally unannounced drug testing.
Home confinements and electronic monitoring
House arrest is at times combined with electronic monitoring. Only during the working hours or emergence is the person allowed to leave. It is commonly used for offenders such as the pregnant women, geriatric offenders and the terminally ill offenders.
Function and duties of probation and parole officers
They're is the major function is to evaluate the offenders progress and through the observations that are made he can recommend on how much supervision is require from the time in which the offender is convicted to the time in which he or she is adjusting after the release from the institution.
The other function for the parole and probation officers is to ensure that, after the offenders release they can secure job for them, they also maintain contact with the business organization and the agent of employment. Probation officers also to arrange a job interview for the offenders.
They are also charged with the duty of keeping the records of restitution payment, the costs that are incurred in the supervision process, the cost of the court as well as other charges that may be involved.
They also maintain how the offender performs daily in their activities and also determine the desirability of the offenders to be at liberty.
