Shock probation is the
US legal policy by which a
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 an ...
orders a convicted offender to
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, correc ...
for a short time, and then
suspends the remainder of the
sentence in favor of
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 ...
. It is hoped that the initial experience of prison will provide an effective deterrent to
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 th ...
.
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
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison.
...
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. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
s. In states where it is used, shock probation is at the discretion of the
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 an ...
.
References
See also
*
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 ...
*
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 ...
*
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 f ...
Parole
Penal system in the United States
Probation
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