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Is Probation Effective?
Transcript of Is Probation Effective?
Goals of Probation/Parole
Drug abuse treatment
Reconnecting with the community
Knowing your rights
Not going back to crime
Drug abuse treatment
Of the 4,7510,000 people in the corrections system, drug charges are the number one crime.
Ten percent of youth arrests in 2009 were drug or alcohol related.
Release from Probation
When parolees break their conditions of release, they may have their parole revoked. However, there are some steps to go through before this may happen.
Griffin v Wisconsin established that probation/parolees have the right to the Fourth Amendment, and can not be searched without proper cause.
There is also no right to parole; it is given based on risk factors and behavior while in prison.
Going back to crime
In 2004, a Hawaii judge enforcded strict rules upon everyonen his jurisdiction. Everyone was treated equally.
Probationers and parolees were jailed immediately for violations, and had hearings within a three day period. They would spend a short term in jail for the violations.
They saw a 93% drop in ositive drug tests as compared to other groups, who only saw a drop of 14%.
It was concluded that they were more apt to obey the law when they saw that rules would be strictly enforced, and something they saw as more fair and equal to everyone.
There is a preliminary hearing held to see if there is a justifiable reason for parole to be revoked. This is officiated by someone other than who initiated the arrest.
The charges are stated, and the parolee is allowed to give their side of the story, and may examine witnesses if possible.
After the preliminary, a revocation hearing is held. This may take up to two months. It is held in front of a neutral body of people, not judges and lawyers. From here, the charges must be written out and stated why they should or should not lose their parole. The Board decides from this point.
Release from Probation or Parole
Once the ffender has completed the program successfully, they are released. If their term is up, and they are not released, they may file habeas corpus charges.
Once released, they can not be brought back for the same charges, for whatever reason. This is covered under the
Ex Post Facto clause in the Constitution.
Although released from probation or parole, the offender still faces the harsh consequences of their actions. These are called civil disabilities.
In many states, convicted felons lose their right to vote, or own guns (In certain circumstances, they can apply for their gun rights back after a period of time). Some people can not hold public office, and much more.
This ought to be changed, as everyone deserves to have their voice heard. Being a felon should not stop someone from being able to have a say in how their government is run.