In the administration of justice, after an offender has been declared guilty by the judge, the offender is given an appropriate punishment, which is termed sentencing. The punishment given in the sentencing phase often depends on the kind of crime committed. This is determined by a judge in relation to the factors associated with the crime. There are a variety of sentences, such as fines. However, the court also provides a variety of alternative sentences. These include probation, rehabilitation, retribution, and incapacitation (John).
Probation and Community Supervision
Probation, therefore, refers to a suspended order of imprisonment. In this case, the defendant is released back into the community instead of being imprisoned. The offender may be put in custody and later released into the community (Angela). Probation aims at rehabilitating criminals as a way of correcting their behaviour and providing justice to the community. However, the probationer does not have the same freedom as other members of the community. In this case, there are set rules and conditions that govern the probation period. During this period, the individual undergoes corrective supervision by undertaking community-based corrections and various rehabilitative activities. The probationer is then supervised to ensure adherence to the terms of the probation release (John). Violation of the set conditions may lead to revocation or modification of the probation.
Shock Probation and Alternative Sentencing
Consequently, upon a request for probationary release by the client, the court may grant probation by issuing a resentencing order. This is often termed shock probation, as it may come as a surprise to the offender and give hope at the start of imprisonment. In granting probation, the court has to consider the type of crime committed and the threat to society. Therefore, probation as an alternative sentence has been adopted by several courts. This kind of sentencing ensures the maintenance of family and community ties and, therefore, reduces the threat to society.
Parole Eligibility and Conditional Release
Parole is a release given to offenders who have served a portion of their sentence. The offenders are, therefore, released early before the imprisonment period is completed. This is granted upon a proper examination of the offenders and their likelihood of committing a crime. Parole, thus, is different from probation, as it is a favour granted to the offender upon completion of a portion of the sentence period (Angela). Just as with probation, there are set conditions that govern parole. When parolees violate these conditions, parole is revoked, and the parolees are taken back to prison. Such conditions are restrictive and may include home confinement and not being allowed to leave the country, among others. However, not all offenders are eligible for such a favour. For instance, offenders who have committed first-degree murder or other serious offenses, such as rape, cannot be granted parole. These restrictions ensure that there are no threats to society (Angela). Parole’s main objective is to ensure that individuals are restored to productive lives. Therefore, parole is associated with indeterminate sentencing, and an offender can earn parole by upholding good behaviour and showing great personal improvement (John).
Indeterminate, Concurrent, and Consecutive Sentences
Indeterminate sentencing refers to sentencing imposed without specifying the exact period for which the sentence is to be served. However, court judges may give an estimated sentencing range. This type of sentencing gives the judge the authority to impose fines and probation differently, even on individuals involved in the same criminal case. Other types of sentences include concurrent and consecutive sentences. In concurrent sentencing, the offender may be given two or more sentences that are served simultaneously. Such sentences may involve new cases being imposed on an individual who is already imprisoned. However, in consecutive sentencing, more than one sentence is imposed on an offender at the same time. The sentences are served successively, one after another (Michael).
Community Corrections and Rehabilitation
Community corrections are a set of programs that include both probation and parole and ensure that individuals are brought back into the community using the available resources. These programs aim to use available resources to integrate offenders back into the community. These programs, however, are more cost-effective and productive than imprisonment (Alard). Individuals undertaking these activities may be able to obtain employment through the programs in which they participate, among other benefits. However, the programs may pose a greater risk to the community if participants are not thoroughly assessed, and the community may reject such programs out of fear. Therefore, proper assessment is expedient in community correction programs. Rehabilitation also helps bring behavioural change to the offender. This ensures that threats to society are reduced. Offenders who have undergone the various corrective programs may no longer pose a threat to society, and therefore, there is justice for the victims (Michael).
Restorative, Restrictive, and Deterrent Models
In the administration of justice, there are two models of sentencing that are often employed by various court systems and are restorative and restrictive in nature. The restorative model focuses on the victim, while the restrictive model focuses on the community. To administer justice, the court may apply other sentences, such as incapacitation and deterrence. Incapacitation is concerned with the well-being of society at risk. Offenders are, therefore, imprisoned or confined to eliminate the risk to society. Deterrent sentences, however, aim to impose punishment on offenders and reduce the number of offences. Deterrence thus serves to create fear by alerting the community to the dire consequences of committing a crime (John).
Work Cited
Alarid, Leanne Fiftal, Paul Cromwell, and Rolando V. del Carmen. 2014. Community-based corrections. 7th ed. Belmont, CA: Thomson/ Wadsworth.
Beyond Rehabilitation: A New Theory of Indeterminate Sentencing. Michael M. O’Hear.
America Criminal Law Review, Vol 47, p 1247, Marquette Law School Legal Studies Paper No. 11-50, 2011
Journal of Criminal Law and Criminology, volume 67, Sentencing by Parole Board. John P. Heinz, Stephen J. Sendowittz, https://scholarlycommons.law.northwestern.edu/ujlc
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