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Alternative Sentencing : Intermediate Sanctions and Probation

Alternative Sentencing : Intermediate Sanctions and Probation - 2nd edition

ISBN13: 978-0870844867

Cover of Alternative Sentencing : Intermediate Sanctions and Probation 2ND 97 (ISBN 978-0870844867)
ISBN13: 978-0870844867
ISBN10: 0870844865
Cover type:
Edition/Copyright: 2ND 97
Publisher: Anderson Publishing Co.
Published: 1997
International: No

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Alternative Sentencing : Intermediate Sanctions and Probation - 2ND 97 edition

ISBN13: 978-0870844867

Andrew R. Klein

ISBN13: 978-0870844867
ISBN10: 0870844865
Cover type:
Edition/Copyright: 2ND 97
Publisher: Anderson Publishing Co.

Published: 1997
International: No
Summary

Written by a practitioner, this text provides a comprehensive view of the real world of criminal justice, courts and probation, as well as solutions to the challenges of criminal sentencing. It presents examples of alternative and intermediate sentences and examines each of their major components, and looks at how these sentences can be enforced and evaluated. This book details sentences that effectively punish offenders while at the same time addressing concerns such as rehabilitation, deterrence and justice. It also provides basic information necessary to match an offender with the appropriate sentence.

Author Bio

Klein, Andrew R. :

Andrew R. Klein, Chief Probation Officer, Quincy, Massachusetts. Klein received his Ph.D. from Northeastern University. He has published numerous articles on probation, domestic violence and criminal justice. Klein received the Sam Houston State University award for writing on probation in 1994 and the Ford Foundation Award for innovations in state and local government in 1992.




Table of Contents

Foreword
Preface
Acknowledgments

Chapter 1 -- Sentencing and Justice in America

1.01 Sentencing Criminals in America

- Targeting Minorities
- The Continuing Love Affair with Prisons
- The Rise of Determinate Sentencing
- The Introduction of Community Corrections Acts

1.02 Making Probation an Alternative Sentence

Chapter 2 -- Sentencing Criminals

2.01 The Process of Criminal Sentencing

- Plea Bargaining

2.02 Probation Presentence Investigation Reports
2.03 -Federal Presentence Reports
2.04 -State Presentence Reports
2.05 -Private Presentence Reports
2.06 Common Information Used in Sentencing
2.07 -Predicting Offender Risk and Danger
2.08 -Assessing the Victim

- Impact of Victim Rights Laws in Sentencing

2.09 The Sentencing Hearing

1. Defendant Allocution
2. Victim Allocution
3. Other Dispositional Witnesses
4. Defense and Prosecution Arguments in Sentencing

Chapter 3 -- Probation and Alternative Sentencing

3.01 Probation, the Original Alternative Sentence
3.02 Probationary Conditions
3.03 -Statutory Conditions
3.04 Discretionary Conditions

1. Conditions Must be Reasonably Related to the Crime
2. Conditions Must be Doable
3. Conditions Must Not Overly Restrict Constitutional Rights
4. Conditions Must be Consistent with Public Policy
5. Conditions Must Not Usurp Legislative Role

3.05 -Imposing Probationary Conditions
3.06 -Modifying Conditions of Probation

Chapter 4 -- Examples of Alternative Sentences

4.01 Introduction
4.02 Homicide Alternative Sentences
4.03 -Analysis of Homicide Alternative Sentences

1. Alternative Sentencing: Reparative Components
2. Alternative Sentencing:Rehabilitative Components
3. Alternative Sentencing:Incapacitative Components

4.04 Sexual Assault Alternative Sentences
4.05 -Analysis of Sexual Assault Alternative Sentences
4.06 Assault and Battery Alternative Sentences
4.07 -Analysis of Assault and Battery Alternative Sentences
4.08 Arson Alternative Sentences
4.09 -Analysis of Arson Alternative Sentences
4.10 Robbery, Burglary and Theft Alternative Sentences
4.11 -Analysis of Robbery, Burglary and Theft Alternative Sentences
4.12 Drug Offenses and Drunk Driving Alternative Sentences
4.13 -Analysis of Drug Offenses and Drunk Driving Alternative Sentences
4.14 Miscellaneous White-Collar Crime Alternative Sentences
4.15 -Analysis of Miscellaneous White-Collar Crime Alternative Sentences
4.16 High-Risk, Chronic Offender Alternative Sentences
4.17 -Analysis of High-Risk, Chronic Offender Alternative Sentences
4.18 Fashioning Alternative Sentences

- Consideration of the Offender
- Consideration of the Offense
- Consideration of the Victim
- Consideration of the Community
- Consideration of the Court Environment

Chapter 5 -- Victims, Restitution and Alternative Sentences

5.01 Victim Involvement in Sentencing
5.02 -The Historic Role of the Victim in Criminal Justice
5.03 -The Rise of Restitution
5.04 -Victim/Offender Mediation
5.05 -Restitution and the Criminal Justice System Today
5.06 Restitution Law: Federal
5.07 Restitution Law: State
5.08 Restitution Collection and Practice
5.09 Summary

Chapter 6 -- Community Work Service and Alternative Sentences

6.01 Introduction to Community Work Service
6.02 Development of Community Work Service
6.03 Community Work Service Law
6.04 Insurance and Liability
6.05 Community Work Service in Practice

- Examples of Creative Community Work Service Programs and Placements
- Determining Community Work Service Orders
- Placements
- Monitoring and Enforcing Orders

6.06 Summary

Chapter 7 -- Monetary Sanctions Other than Restitution and Alternative Sentences

7.01 Introduction
7.02 Current Use of Monetary Sanctions
7.03 Monetary Sanction Laws

- Fines
- Costs and Fees
- Forfeitures
- Charitable Donations
- Child Support
- Bonds

7.04 Monetary Sanction Payment

- Day Fines
- Money Collection
- Punishing Nonpayers
- Example of Court Enforcement of Monetary Order

7.05 Summary

Chapter 8 -- Mandatory Treatment and Alternative Sentencing

8.01 Introduction
8.02 Diagnosis
8.03 Treatment

1. Sex Offenders
2. Drunk Drivers
3. Perpetrators of Domestic Violence

8.04 Mandatory Treatment Laws
8.05 Enforcing Mandatory Treatment
8.06 -Alcohol and Drug Testing

- Example of Probation Department Drug Testing Program

8.07 Summary

Chapter 9 -- Incapacitation and Alternative Sentences

9.01 Introduction
9.02 House Arrest/Electronic Monitoring

- Example: Florida Community Control Program
- Electronic Monitoring Lawsuits

9.03 Intensive Supervision

- Results of Intensive Supervision Research
- Combining Intensity and Treatment
- Day Reporting Centers

9.04 Intermediate Sanctions, Incarceration Without Jail
9.05 Alternative Uses of Incarceration

- Partial Commitments
- Incarceration as a Condition of Probation
- Shock Probation
- Commitment to a Diagnostic Facility
- Intermittent Sentences
- Boot Camps

9.06 Summary

Chapter 10 -- Enforcing Alternative Sentences

10.01 Introduction
10.02 Monitoring Alternative Sentences and Intermediate Sanctions
10.03 Contracting Conditions
10.04 The Role of Probation/Parole Officers

- Power of Arrest
- Power to Require Reporting
- Power to Search

10.05 Revoking Probation or Parole

- Notice
- Counsel
- Hearing
- Discovery
- Timeliness
- Written Findings
- The Judge

10.06 Evidence of Violation

- New Criminal Conduct

10.07 Sentencing Revocations

- Credit

10.08 Current Practice

- Examples of Revocations
- Probation/Parole Revocation and Prison Commitments

Chapter 11 -- Evaluating Alternative Sentences

11.01 Introduction
11.02 Does Victim Satisfaction Increase?
11.03 Will Offenders Complete Community Work Service and Other Affirmative Orders?
11.04 Will Alternative Sentences Prevent Recidivism?
11.05 Will the Community and Judges Accept Alternative Sentences?
11.06 The Future of Alternative Sentences, Intermediate Sanctions and Probation

Chapter 12 -- Alternative Sentencing Checklists

12.01 Fashioning Alternative Sentences

- Considering the Offender
- Considering the Offense
- Considering the Victim
- Considering the Community
- Considering the Court

12.02 Considering Victim Involvement and Restitution

- Involving the Victim
- Restitution

12.03 Considering Community Work Service
12.04 Considering Monetary Orders
12.05 Considering Mandatory Treatment
12.06 Considering Incapacitation

- Incapacitation Without Jail
- Non-Traditional Uses of Incarceration

12.07 Considering Enforcement of Alternative Sentences

- Monitoring Alternative Sentences
- Revoking Probation
- Sentencing Violators
- Evaluating Alternative Sentences


Bibliography
Table of Statutes
Table of Cases
Index

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