Unit 7 Assessment 3 Parole and probation

BCJ 3150, Probation and Parole 1 Cou rse Learning Outcomes for Unit VII Upon completion of this unit, students should be able to: 1. Analyze the probation and parole processes. 1.1 Examine the process by which offenders are sentenced to or administratively sanctioned to restitution and community service. 1.2 Examine the process of restorative justice and its impact on the offender, victim(s), and communit y. 6. Analyze the impact of rehabilitation in probation and parole. 6.1 Evaluate the effectiveness of restorative justice programs for offenders, victims, and the community. 6.2 Analyze the various restorative justice programs utilized with offenders. Reading Assignment Chapter 10: Economic and Restorative Justice Reparations Unit Lesson The concept of restorative justice , an alternative to the traditionally punitive sentencing decisions of the criminal justice system, incorporates the victim, community, and offender in an effort to reintegrate the offender into society and repair the damage to the community and victim (Alarid, 2015). This concept is excellent on paper, and as you can see from Figure 10.1 in Alarid’s (2015) text, a whole host of groups are involved in order to make this successful. However, along with the criminal justice system having the correct understanding of restorative justice, all of the key players within this process need to be involved and the proper resources need to be availabl e in order for it to be successful. The first hurdle in effectively implementing this concept comes at sentencing. While the idea of reintegrative shaming is incorporated into restorative justice, sometimes it is misinterpreted by the sentencing judge and taken out of context. Go ahead and Google “sha ming sentences,” and you will see what is meant by this. From judges ordering offenders to dress up in chicken costumes to those who order offenders to hold signs on street corners stating they are “idiots,” t here is very little restorative value in these shaming sentences. Imagine, for example, being convicted of a misdemeanor retail theft and being ordered to stand outside the store with a sign that says, “I’m a thief.” While that sentence may deter that pers on from committing the offense again, and it may also deter others from committing the same offense, how does this punishment reintegrate that person into the community? It does more to humiliate that person and further ostracize that person from the commu nity than anything else. In order for a sentence to really fall in line with the idea of restorative justice, it has to enable the offender to be punished for his or her crime while at the same time allow that offender to atone for the offense and improve the community in which he or she lives. Here is an example of a restorative justice sentence that illustrates the concept: John Doe, who is 28 years old, was found guilty of retail theft. In addition to paying restitution to the store from which he stole, he was also ordered to complete community service at a local community center that provides services for individuals who ar e homeless and at his church where they collect donated clothing to give to families who have low incomes and cannot afford new clothes. He is required to go with his pastor and others in the ministry group to deliver these clothes. Finally, he is required to go speak at the local schools about his UNIT VII STUDY GUIDE The Concept of Balanced and Restorative Justice BCJ 3150, Probation and Parole 2 UNIT x STUDY GUIDE Title experience in the criminal justice system, why he chose to steal from the retail store, and how this has affected him. This example illustrates restorative justice because not only is John being deterred from c ommitting future retail thefts, but he is also giving back to the victim by paying the store back and giving back to the community by participating in community service that relates to his offense and influencing others to not steal because of the conseque nces to them and their community. John is required to work with the pastor and ministry group at his church so that the experience will be more meaningful to John on a personal level, and his pastor can help him realize reintegration back into his communit y by being able to process the experience with him. The next hurdle after implementation is having enough community support and resources available to make sure that the victim, community, and offender are all addressed during this process. For example, in regards to community service, many community agencies are unwilling to take certain types of offenders because of the potential liability issue that they pose for the agency. Sex offenders, by law, cannot work at any agency that has activities available for children and cannot work at any agency that is connected with a park district, school, daycare, or church. In some states, the law is more restrictive. This leaves sex offenders ordered to complete community service with few options, and coupled with that is the fact that not many community agencies want to be responsible for supervising a sex offender. There is a stigmatization associated with some crimes like sex offenses, domestic batteries, and violent offenses that makes it difficult for the offen der to receive support and give back to the community. In addition to this, the issue of restitution for the victim is very real because in situations where the offender is unable to pay the restitution, it becomes frustrating to the victim, community, and sometimes even the offender. Victims may feel like they are being ignored in the criminal justice system if an offender does not pay restitution because there are few means of obtaining this money from individuals who do not have the ability to pay. W hile community restitution centers do exist, they do not exist everywhere, and again the stigmatization associated with certain offenses might make those offenders unable to participate in a community restitution program as well. Finally, community -oriented po licing is not implemented in every police department, and when it is implemented, sometimes budgetary constraints limit the amount of time and effort officers are able to put into community policing. The last hurdle to implementing a good restorative jus tice program is being afraid to use restorative justice programming with many types of offenders and offenses. Typically, programs that help heal and restore the victim, community, and offender take place with offenders that are at a low risk to reoffend o r who have committed relatively minor offenses, like minor drug or property offenses. Again because of the stigmatization associated with some offenders and offenses, people are afraid to discuss issues of appropriate restitution (even if not monetary), vi ctims’ advocacy, community restoration, and offender reintegration for violent offenders, offenders convicted of serious crimes, and sex offenders. In order for restorative justice to be effective within the entire system, the system needs to recognize tha t being more vocal about the victims of violent or sex crimes is crucial in engaging the community and helping victims recognize that they are not forgotten by the system. Opening up more of a dialogue about these issues will also help offenders reintegrat e into society and provide them with more resources that will assist them in their rehabilitation. In the past few years, more campaigns to raise awareness about issues like sex trafficking and domestic violence have appeared in the media, and more resto rative justice programs have been started for these offenses, and this is a good start. For example, the emergence of diversion programs for first -time domestic violence offenders is a very good example of restorative justice at work. In these types of pro grams, instead of sentencing the offender to complete jail time and pay a fine, the victim first has to agree to allow the offender to participate in the diversion program. At that point , the offender is required to complete domestic violence counseling, a nd the victim is offered counseling services as well. Collateral supports for both the victim and offender, such as family and friends, are involved with the process, and at the completion of the diversion program, the offender and victim are required to a ttend sessions together. Another example is the special prosecution programs that have emerged for victims of sex trafficking. Rather than immediately prosecuting and imprisoning every individual engaging in the act of prostitution, these individuals first go through a screening process to determine if they are victims of trafficking and if they are willing to participate in the diversion program. These programs consist of counseling, relocating the victim/offender, providing the victim/offender with job tr aining or additional job opportunities, and substance abuse counseling if needed. If the victim/offender successfully completes the program, then he or she is not convicted of the offense. While these two areas are being addressed, there are still many m ore victims and offenders who could benefit from restorative justice programs. The system’s pendulum, however, will need to continue to swing more towards the rehabilitative end of the spectrum in order for more restorative justice programs and policies to BCJ 3150, Probation and Parole 3 UNIT x STUDY GUIDE Title gain support. The important thing right now, until that happens, is to be aware that efforts are being made to implement restorative justice principles in a few venues and that these programs, when implemented within the guidelines of the principles, are showing good success in achieving their goals. References Alarid, L. F. (2015). Community -based corrections (10th ed.). Belmont, CA: Cengage Learning. Suggested Reading This article discusses neighborhood accountability boards and how they were mode led after the victim - offender mediation process and restorative justice. In order to access the resource below, you must first access the Academic OneFile database within the CSU Online Library. Bazemore, G., Brown, M., & Schiff, M. (2011, Spring). Neighborhood accountability boards: The strength of weak practices and prospects for a “community building” restorative model. Washington University Journal of Law & Policy, 36 , 17 -46. This study compares a traditional batterer intervention program (BIP) for domestic violence offenders with a more restorative justice based program and discusses the results. In order to access the resource below, you must first access the ProQuest Crimi nal Justice database within the CSU Online Library. Mills, L. G., Barocas, B., & Ariel, B. (2013). The next generation of court -mandated domestic violence treatment: A comparison study of batterer intervention and restorative justice programs. Journal of Experimental Criminology, 9 (1), 65 -90. doi:http://dx.doi.org/10.1007/s11292 -012 -9164 -x This article discusses the theories behind reintegrative shaming and how it is being used in the juvenile justice system. In order to access the resource below, you must first access the ProQuest Criminal Justice database within the CSU Online Library. Mongold, J. L., & Edwards, B. D. (2014). Reintegrative shaming: Theory into practice. Journal of Theoretical & Philosophical Criminology, 6 (3), 205 -212. Learning Act ivities (Non -Graded) Click here to access the unit Flash Cards. Click here to access a PDF version of this activity . Non -graded Learning Activities are provided to aid students in their course of s tudy. You do not have to submit them. If you have questions, contact your instructor for further guidance and information.