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Shock Probation
Shock probation is the US legal policy by which a judge orders a convicted offender to prison for a short time, and then suspends the remainder of the sentence in favor of probation. It is hoped that the initial experience of prison will provide an effective deterrent to recidivism. In shock probation, a convicted offender is sentenced to prison and starts serving their sentence. After three to six months, the judge re-sentences the prisoner to probation, and the prisoner is released under supervision. Shock probation is usually considered when a prisoner is a first-time offender and a judge believes, given the circumstances of the case, that the prisoner has a chance at reform which may be enhanced by being released. Shock probation is not used in all U.S. states. In states where it is used, shock probation is at the discretion of the judge. References See also *Split sentence * Criminal law of the United States * United States Federal Sentencing Guidelines The United Stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Of The United States
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Parties to a crime The parties or participants in a crime include the principal and accessory. A principal is a person directly involved in a crime. There are two types of principals: * Principal in the first degree, the person that commits the crime. * Principal in the second degree (accomplice), someone that aids, counsels, assists or encourages the first degree principal. Presence is required for a party to be considered 2nd degree, with constructive presence being sufficient. Both principals are punished equally and are equally liable for the crime the other commits. An accessory is a person who helps commit the crime without being present. Accessories are generally punished less severely than the principal. There are two types of accessory: * An accessory before the fact is a person who encourages or helps another commit a crime. Statues grou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custodial Sentence
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey). As 'custodial' suggests, the sentence requires the suspension of an individual's liberty and the assumption of responsibility over the individual by another body or institution. The Criminal Justice Act 2003 (England and Wales) states that '(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence'. Some serious offences incur minimum custodial sentences, unless there are exceptional circumstances. Custodial sentences may also be used where there is a perceived threat to public ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.Henslin, James. ''Social Problems: A Down-To-Earth Approach'', 2008. The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction. Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment. United States According to an April 2011 report by the Pew Center on the States, the average national recidivism rate for released prisoner ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Consequences Of Criminal Conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Split Sentence
In United States law, a split sentence is a sentence under which the defendant serves up to half of his term of imprisonment outside of prison. Martha Stewart received a split sentence. The Bureau of Prisons' general counsel has opined that when an offender has received a sentence of imprisonment, the Bureau of Prisons does not have general authority, either upon the recommendation of the sentencing judge or otherwise, to place such an offender in community confinement at the outset of his sentence or to transfer him from prison to community confinement at any time BOP chooses during the course of his sentence. A split sentence is only available to defendants who fall into Zone C of the Federal Sentencing Table. A "reverse split sentence" is one whereby the defendant is sentenced to a term of probation which may be followed by a period of incarceration or, with respect to a felony, into community control. Reverse split sentences are authorized by some states. A 2021 study, which c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for Sentence (law), sentencing individuals and organizations convicted of Classes of offenses under United States federal law, felonies and serious (Class A) misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions. Although the Guidelines were initially styled as mandatory, the US Supreme Court's 2005 decision in ''United States v. Booker'' held that the Guidelines, as originally constituted, violated the Sixth Amendment to the United States Constitution, Sixth Amendment right to trial by jury, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After ''Booker'' and other Supreme Court cases, such as ''Blakely v. Washington'' (2004), the Guidelines are now considered advisory only. Federal judges (State law (United States), sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
