Define the two primary functions of probation and how each is carried out.

Next,
discuss the conflict that arises from these competing functions. How have
organizations dealt with the conflict produced by the contradictory goals?

Two primary functions of probation are: one, investigation and two, supervision.
Investigation deals largely with what is known as a presentence investigation. The
goal here is to produce a report by and through which judges use to make their
decision in the sentencing stages. The investigation is conducted by the probation
officers after which an individual has been convicted of a felony in federal court.
The probation officer begins the investigation process by interviewing the offender
to obtain basic background information. He then, investigate the life history of
the offender and record all prior criminal record, education, job status, mental
condition and other relevant information. Although the pre-sentence report serves
primarily to help the judge select an appropriate sentence, it also assist in the
classification of probationers, prisoner, and parolees for treatment planning and
risk assessment. Though studies have shown its little effect on sentencing, the
victim impact statement is included in the report to help provide the detailed and
described the emotional cost and financial losses on the victims' behalf. In
recording information into the report, probation officer take into account the
comprehensiveness of the report and its accuracy in providing the facts of the
case. The supervision process begins once an offender is sentenced to probation.

If we can take a moment here to list what a full pre-sentence report should
include:

1. A complete description of the offense and circumstances surrounding it, not

limited to the aspects developed for the record as part of the determination of
guilt.
2. A statement from the victim and a description of the victim's status, the
impact upon the victim, losses suffered by the victim and restitution due the
victim.
3. A full description of any prior criminal record of the offender.
4. A description of the educational background of the offender.
5. A description of the employment background of the offender, including
military record and including his present employment status, financial status and
capabilities.
6. The social history of the offender, including family relationships, marital
status, interests and activities, residence history and religious affiliations.
7. The offender's medical history and, if desirable, a psychological or
psychiatric report.
8. Information about environments to which the offender might return or to which
he could be sent should probation be granted.
9. Supplementary reports from clinics, institutions and other social agencies
with which the offender has been involved.
10. Information about special resources which might be available to assist the
offender, such as treatment centers, residential facilities, vocational training
services, special educational facilities, rehabilitation programs of various
institutions in which the offender might be committed, special programs in the
probation department and other similar programs which are particularly relevant to
the offender's situation.
11. A summary and analysis of the most significant aspects of the report,
including specific recommendations as to the sentence. A special effort should be
made in the preparation of pre-sentence reports not to burden the court with
irrelevant and unconnected details. (Position Statement, 1987)
The supervision process involves three important steps: the first involves
establishing a relation with the offender, the second involves setting supervision
goals to help the offender comply with conditions established by the court, and the
third, in deciding how to terminate probation on the basis of the offender's
response to supervision. The conflict arising from these competing functions by
which probation officers faced is the combination of the two responsibilities,
namely to enforce the law, while at the same time, to help the offender straighten
out their lives.

In addressing the conflict produced by the contradictory goals, bureaucratic

organization imposes both formal and informal constraints. Formal constraints are
the legal condition of which includes standard, punitive, and treatment conditions.
Informal constraints is best understood through the complex interactions between
the probation officers and the offenders.

References:

American Probation And Parole Association. (1987). Position Statement. Appa-

net.org. Retrieved from https://www.appa-net.org/eweb/Dynamicpage.aspx?
site=APPA_2&webcode=IB_PositionStatement&wps_key=24e1c1d8-c753-4710-8f89-
6085c6191128

Cole, G. F., Clear, T. R., Petrosino, C., & Resig, M. D. (2015). American
Corrections In Brief. Cengage Learning.

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Discuss the events that lead to the crime control model. Explain how community
corrections and evdence-based correction fit into this model. Provide an example
and explanation of at least one form of community corrections used in your
community.

With the rise of science in the first two decades of the twentieth century, members
of the positive school turn their attention to scientific reasoning to explain the
causes and problems of human behaviors; refraining from religious and moral
explanations for the causes of crime and focusing on the social, economic,
biological and psychologial factors. The shift in taking a scientific approach to
criminality lead to the medical model of corrections. The medical model is "based
on the assumption that criminal behavior is caused by social, psychological or
biological deficiences that require treatment" (Clear, Cole, Petrosino, Reisig,
2015). The primary and underlying idea behind the medical model is that "crime is
a disease, and criminals are sick and need treatment and cure" (Samaha, 2014). To
provide the right treatment and to cure the criminal of his/her sickness, then is
to bring him/her back to health and to his/her senses. The purpose of punishment,
according to the medical model, is to cure criminal patients by treatment; where
the length of imprisonment depends on how long it takes to cure the patient.
Supporters of the medical model contend that treating offenders is more humane than
punishing them" (Samaha, 2014). English renowned philosopher, Jeremy Bentham,
support the view that the aim of deterrence and punishment is that it would
"contribute to the reformation of the offender, not only through fear of being
punished again, but by a change of character" (Samaha, 2014). By the 1950s, with
the many treatment availiable; "group therapy, behavior modification, shock
therapy, individual conseling, psychotherapy, guided group interaction and many
other approaches", prisons were becoming something like hospitals that would
rehabilitate and test the inmate for readiness to reenter society. By the 1960,
social and political influences changes the practice of the medical model and
concentrated on a new model of corection, namely community corrections. Community
correction is a model "based on the assumption that reintegrating the offender into
the community should be the goal of the criminal justice system" (Clear, Cole,
Petrosino, Reisig, 2015). For the new decades, in further to the goal of
reintegration, correctional workers advocates for offenders through government
agencies to assist in providing employment counseling, medical treatment, and
financial assistance (Clear, Cole, Petrosino, Reisig, 2015). As the 1970
approached, the rate of recidivsim was on the rise pointing to a dramtic
declination in rehabilitation. Martinson illustrate this point when he declared,
"with few and isolated exceptions, the rehabilitive efforts that have been reported
so far have had o appreciated effect on recidivism" (Clear, Cole, Petrosino,
Reisig, 2015).

The political climate change along with the crime rate level of the 1970s and 1980,
the crime control model of correction emerges to the surface. The crime control
model of corrections places emphasis on the idea that criminal behavior can be
controlled by increased use of incarceration and other forms of strict supervision.
From a criminal procedure perspective of this, the primary goal of the crime
control model is the apprehension, conviction, and punishment of the offenders;
focusing on crime control and repression of criminal conduct (Ferdico, Fradella,
Totten, 2013). The increase in the number of incarceration corresponds directly to
the increased in its high cost. To reduce the cost, the emergence of the evidence-
based corrections helps ensure that correctional programs and policies are based on
research evidence about what works; empahsizing on the careful planning in the
design and implemtation of correctional programs (Clear, Cole, Petrosino, Reisig,
2015). A simple form of community correction used in the community is that of
having the individual perform community service for a number of hours each.

References:

Clear, T. R., Cole, G. F., Petrosino, C., & Reisig, M. D. (2015). American
Corrections In Brief. (2nd ed.). Cengage Learning.

Ferdico, J. N., Fradella, H. F., Totten, C. D. (2013). Criminal Procedure: For The
Criminal Justice Profession. (11th ed.). Wadsworth Cengage Learning.

Samaha, J. (2014). Criminal Law. (11th ed.). Wadsworth Cengage Learning.

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Explain the ideas that give rise to the pretrial diversion. Discuss at least three
main reasons advanced in suppport of pretrial diversion. What do critics counter?
Discuss the successes and failures associated with this correctional practice.

Pretrial diversion refers to an alternate to adjudication in which the defendant

agrees to conditions set by the prosector in exchange for withdrawal of charges; in
the belief that formally processing people through the criminal justice system is
not alway beneficial. Here we will list, then go into details each of the three
main reasons advanced in support of pretrial diversion.
1. Many offenders' crime are cause by special problems, such as, vagrancy,
alcoholism, emotional distress, that cannot be managed effectively through the
criminal justice system.
2. The stigma attached to formal criminal labeling often work against
rehabilitation and promotes an unnecessarly harsh penalty for a relatively minor
offense.
3. Diversion is cheaper than criminal justice processing. (Clear, Cole, Petrosino,
Reisig, 2015).
The first justifies that time in prison will not help the offender in altering
his/her behavior. Sentencing such individual to prison will prevent his to
commiting and recommitting crime, but through the prisonization process the
individual may come out of prison, upon his released date as a worst person than
when he first walked in. The second reason justifies that a an offender with a
criminal record and who has to carried the record with him/her will work against
the individual. This is most true for offender(s) who have committed relatively
minor crimes. The third reason is both beneficial for both the offenders and the
government and that it saves both party time and money.
Critics who opposes pretrial diversion argue that the practice of pretrial
diversion allows some people to "get off easy". To address this one, may wish to
point out that while it is true that the practice of pretrial diversion allows some
people to "get off easy", one must have a complete understanding of each
prisoner(s) and the circumstances surrounding their life. Each offender is to be
examine carefully before being given the option for pretrial diversion. If
pretrial diversion is more effective than sentencing offenders to prison, then one
do not see other reason so as to prevent such route.

References:

Clear, T. R., Cole, G. F., Petrosino, C., & Reisig, M. D. (2015). American
Corrections In Brief. (2nd ed.). Cengage Learning.

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Define the term "community corrections". What is the major goals of these types of
sanctions? List and briefly explain the four major factors most often cited for
supporting community correction.

Community correction is the primary punishment alternative to incarceration in

contemporary society. It seeks to keep offenders in the community by building ties
to family, employment, and other normal sources of stability and success.
Community correction refers to the model of correction based on the assumption that
reintegrating the offender into the community should be the goal of the criminal
justice system (Clear, Cole, Petrosino, Reisig, 2015). Community correction
include such acitivities as community services, probation and parole. Probation
allows the offender to serve a sentence in the community under supervision.
Community service requires the offender to perform work for the community. All
three with the purpose for retributionn, incapacitation and rehabilitation. The
mission of comunity correction is the reintegration of the offender to the
community through the rebuilding of social ties and securing employment and
education (Clear, Cole, Petrosino, Reisig, 2015).
The four factors usually cited in support of community corrections are:
1. Many offenders' criminal records and current offenses are not serious enough to
warrant incarceration.
2. Commnunity supervision is cheaper than incarceration.
3. Rates of recidivism, or returning to crime, for those under community
supervision are no higher than for those who go to prison.
4. Ex-inmates requires both support and supervision as they try to remake their
lives in the community. (Clear, Cole, Petrosino, Reisig, 2015)

References:

Clear, T. R., Cole, G. F., Petrosino, C., & Reisig, M. D. (2015). American
Corrections In Brief. (2nd ed.). Cengage Learning.

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Name at least three unintended consequences of an ever-increasing prison

population. Give concrete examples of each. Discuss the political and social
effect of these consequences. Are they acceptable? What would you suggest to law
makers with regard to decreasing the overall crowding issue and sentencing.
Explain your reasoning.

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Identify at least four ways in which prison differs from any other institution.
Discuss the types of challenges and difficulties that arises from these
differences. In particular, focus on how these difference affect prison
management.

#9

In American Corrections In Brief, authors, Todd R. Clear, George F. Cole, Michael,

D. Reisig, and Carolyn Petrosino defined power as "the ability to force a person to
do something that he or she does not want to do" (2015). On the contrary,
authority is defined as "the ability to influence a person's actions in a desired
direction without resorting to force" (2015).

Though power and authority are diametrically oppose to one another, from one's
perspective, one see the essential necessity for both put in practice by probation
officers. Concerning human learning, psychologists tell us that there are
different mode of learning and different means to behavioral changes. The use of
power by probation officers to change a person behavior may work for some
individuals, for others it may the use of authority is most efficient and
appropriate.

American psychologist, William James, in his renowned book The Principles Of

Psychology, the chapter on 'Habit' informed us that to change the structure of any
compound organisms, in particular, human behavior, it requires two forms of forces;
'external forces' or 'internal tensions' (1952). By external forces, James refers
to the requirement of physical forces acting upon the material/organism/human being
to bring about the change. As it is require, that of iron to be heated then
smitten by the use of a hammer in the hand of a skill blacksmith, to change its
shape and form into the desirable object; so likewise some human behavior can be
change through the use of power by probation officers. By inward tensions, James
refers to the innate growth of the material/organism/human being, analogous to that
of the the blooming of a flowing; whereby no outward force is required for the
change to take place. In like manner the use of authority is by far the more
effective way for probation officers to employed in changing human behavior.

The two methods available to probation officers and when to apply each depends
largely on the degree of person being supervise and their level of receptivity.
That is, if the individual criminal behavior is hard as iron then perhaps the use
of power would be most effective; on the other hand, individual, whose character,
like clay, are still easily fashion and refashion, shaped and reshape; such
individual may be most responsive to the authority of probation officers.

References:

Clear, T. R., Cole, G. F., Petrosino, C., & Reisig, M. D. (2015). American
Corrections In Brief. (2nd ed.). Cengage Learning.

William. J. (1952). The Principles Of Psychology. Encyclopedia Britannica Inc.