is the supervised early release of inmates from correctional confinement.
the managed return to the community of an individual released from prison.
grant parole based on there discretion.
produce mandatory parole.
the release of an inmate from prison to the supervision that is decided by a parole board or other authority.
the mandatory minimum amount a person is supposed to spend in jail.
the release of a n inmate from prison that is statues or sentencing guidelines and is not decided by a parole board or other authority.
criminals must serve 85% of their sentence no exceptions.
cannot leave the state, maintain employment, report, cannot own a gun, officers will check curfew.
Lower cost compared to prison cost
Reduced risk of criminal socialization
Increased use of community services
Increased opportunity for rehabilitation
officers may conduct searches of a probationer’s residence without either a search warrant or probable cause. Not protected by the 4th amendment.
i. The parolee be given written notice specifying the alleged violation.
ii. Evidence of the violation be disclosed
iii. A neutral and detached body constitute the hearing authority
iv. The parolee have the right to cross-examine witnesses
v. The parolee has the chance to appear and offer a defense, including testimony.
vi. A written statement be provided to the parolee at the conclusion of the hearing that includes the hearing body’s decision, the testimony and the reason for revocation.
case on extensions for procedural safeguards in revocation hearing. They are allowed two hearings.
i. A preliminary hearing to determine whether there is “probable cause to believe that he has committed a violation of his parole”
ii. “a somewhat more comprehensive hearing prior to the making of the final revocation decision.”
case on incriminating statements to a probation officer may be used as evidence if the probationer does not specifically clam a right against self-incrimination. No 5th amendment rights.
the use of split sentencing, probation/parole, incarceration, community service, intensive supervision, or home confinement.
offenders in prison apply to receive probation. They are shocked if they actually receive it.
Religious and political freedom
Right to bare arms
Search and seizure
Right to accused person right to an attorney
Right to a speedy trial
Trial by a jury in civil cases
Fair fines and punishments
Rights to the people
Power to state and people
roman derived, fathers ruled over their children
juveniles were punished the same way adults were and placed in the same jails
harsh punishment, reasons? God.
Children and adults can not be arrested and placed in the same car.
Case: was committed into a reform school and labeled “misfortunate” he did not commit any crime the state “parens patriae” intervened
created a juvenile court separate in form and function from adult criminal courts.
a child to who has engaged in activity that would be considered a crime if the child was an adult.
a child who has no parents or who’s parents are unable to care for him or her
a child who has been physically, sexually, or mentally abused. Most states also consider a child who is forced into delinquent activity by a parent or guardian to be abused.
a child who commits an act that is contrary to the law by virtue of the offender’s status as a child. Exp: buying cigarettes, alcohol, running away from home etc..
a. Notice of charges
b. Right to counsel
c. Protection against self-incrimination
d. Rights to at transcript
e. Right to appeal
charged as a juvenile then the court said he was unfit to be tried as a juvenile. He was later tried as an adult. Double Jeopardy. Falls under the 5th and 14th amendments. He was released because any transfers that do occur must be made before an adjudicatory hearing in juvenile court.
He was released because any transfers that do occur must be made before an adjudicatory hearing in juvenile court.
heinous murder, committed at 17 years old was caught at age 18 and went on trial to receive the death penalty. He did not get executed. 8th amendment.
Case School officials are not allowed to search if they have reasonable suspicion.
Marijuana was in plain view.
Is based on logical suspicion to rule-breaking actions; is required to maintain order and safety among students; does not exceed the scope of the original suspicion
a. Intake (booking)
b. Detention Hearing
c. Preliminary Hearing
d. Transfer hearing
e. Adjudicatory Hearing (informal Trial)
i. Privacy is priority
iii. Speedy (typically in days)
1939 Marijuana Tax Act.
a goal that seeks to prevent a SPECIFIC OFFENDER.
Models of criminal punishment
through the defendants trash because abandoned property is okay.
Case: curtlige – protects everything in your house and yard.
A law that stemmed
from prophet Muhammed
the United States Supreme Court's acceptance of the use of the death penalty in the United States,