Mass Probation from Micro to Macro: Tracing the Expansion and Consequences of Community Supervision (original) (raw)
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The Paradox of Probation: Community Supervision in the Age of Mass Incarceration
Law & Policy, 2013
After four decades of steady growth, U.S. states' prison populations finally appear to be declining, driven by a range of sentencing and policy reforms. One of the most popular reform suggestions is to expand probation supervision in lieu of incarceration. However, the classic socio-legal literature suggests that expansions of probation instead widen the net of penal control and lead to higher incarceration rates. This article reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build-up of the criminal justice system. The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation serves both capacities, acting as an alternative and as a net-widener, to varying degrees across time and place. Moving beyond the question of diversion versus net widening, this article presents a new theoretical model of the probation-prison link that examines the mechanisms underlying this dynamic. Using regression models and case studies, I analyze how states can modify the relationship between probation and imprisonment by changing sentencing outcomes and the practices of probation supervision. When combined with other key efforts, reforms to probation can be part of the movement to reverse mass incarceration.
Federal Sentencing Reporter, 2016
After four decades of steady growth, U.S. states' prison populations finally appear to be declining, driven by a range of sentencing and policy reforms. One of the most popular reform suggestions is to expand probation supervision in lieu of incarceration. However, the classic socio-legal literature suggests that expansions of probation instead widen the net of penal control and lead to higher incarceration rates. This article reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build-up of the criminal justice system. The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation serves both capacities, acting as an alternative and as a net-widener, to varying degrees across time and place. Moving beyond the question of diversion versus net widening, this article presents a new theoretical model of the probation-prison link that examines the mechanisms underlying this dynamic. Using regression models and case studies, I analyze how states can modify the relationship between probation and imprisonment by changing sentencing outcomes and the practices of probation supervision. When combined with other key efforts, reforms to probation can be part of the movement to reverse mass incarceration.
Probation and Parole: Overworked, Misunderstood, and Under-Appreciated: But Why?
The Howard Journal of Criminal Justice, 2008
Historically, the efficacy of probation and parole policies and practices have been judged by the general public, politicians, and many professional insiders by sensationalised crimes involving individuals sentenced to community supervision. The probation and parole profession has not established mechanisms to clearly articulate its public value; doing so would foster the development of policies and practices that derive more from empirical research evidence and sound theory than political faddism. The failure within the probation and parole profession to come to broad agreement regarding desired outcomes and to establish evidence-based and/or theoretically-sound professional principles has created a policy lacuna that is too often filled by elected officials who lack an understanding of the history, science, and philosophy of probation and parole. Probation and parole agencies should focus on producing publicly-valued results and disseminating easily-understood information that justifies their important niche within America's criminal justice system.
Drivers of the Sentenced Population: Probation Analysis
2013
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. • Between 1993 and 2011, an increasing proportion of felony probationers in Illinois were accounted for by females, whites, Hispanics, and older probationers. • The majority of felons discharged from probation were successfully terminated from supervision throughout the period examined. The proportion of felons discharged from probation as a result of a revocation of probation for either a technical violation or a new offense remained stable, and relatively low (at or below 10 percent statewide), throughout the time period examined. • Success on probation can mean less reliance on prison, but failure on probation can result in commitment to the Illinois Department of Corrections. Individuals who had their probation revoked or were reconvicted of a new crime while on probation accounted for roughly 15 percent of all those sentenced to prison, a proportion that remained relatively stable through the time period examined.
The Impact of Formal and Informal Social Controls on the Criminal Activities of Probationers
Journal of Research in Crime and Delinquency, 2002
The monthly self-reported criminal activities, risk behaviors, and local life circumstances of offenders who began sentences of probation in northern Virginia were examined during the year prior to arrest, between arrest and probation, and during the first eight months of probation. The criminal activities and risk behaviors of the offenders declined dramatically after arrest and continued at this lower level throughout the probation period studied. When these offenders participated in highrisk behaviors such as carrying a gun, using drugs, and heavy use of alcohol, they committed more crimes; conversely, when they lived with spouses or were employed, they committed fewer crimes. There was no change in local life circumstances from the prearrest, arrest, and probation periods. The decline in criminal activities after arrest and during probation did not appear to be related to changes in informal social controls as measured by local life circumstances. The results were interpreted as consistent with a possible a deterrent effect. Approximately 58 percent of the 5.3 million adults under some type of correctional supervision during 1995 were serving terms of probation (Maguire and Pastore 1997). Seventy percent of the adults under correctional control are in their communities on state or federal probation or parole. Probationers account for a large proportion of the criminal activities in large, urban areas, and many of them are rearrested within three years of starting probation. Most research investigating the criminal activities of probationers has We wish to thank Claire Souryal, Julie Horney, and Scott Decker for their valuable input to this project. The probation and parole departments; District Chiefs Leslie Bubenhofer, Linda Eichenbaum, and Peter Stephenson; as well as the office staff provided a great deal of ongoing assistance for which we are very appreciative. And finally, we would like to thank all the probationers who participated in this study.
Mass Probation: Toward a More Robust Theory of State Variation in Punishment
Social Science Research Network, 2014
Scholarship on the expansion of the U.S. carceral state has primarily focused on imprisonment rates. Yet the majority of adults under formal criminal justice control are on probation, an "alternative" form of supervision. This article develops the concept of mass probation and builds a typology of state control regimes that theorizes both the scale and type of punishment states employ. Drawing on Bureau of Justice Statistics data from 1980 and 2010, I analyze whether mass probation developed in the same places, affecting the same demographic groups and driven by the same criminal justice trends, as mass imprisonment. The results show that mass probation was a unique state development, expanding in unusual places like Minnesota and Washington. The conclusions argue for a reimagining of the causes and consequences of the carceral state to incorporate the expansion of probation.
Probation and Parole: Public Risk and the Future of Incarceration Alternatives*
Criminology, 1993
Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of th...
Probation: Politics, Policy and Practice
No.: ISBN 0-335-09377-9, 1991
To download this abstract, check the box next to the NCJ number then click the "Back To Search Results" link. Click the "Download" button on the Search Results page. ... This study examines the effect of changes in the criminal justice system and society in general upon the ...