Probation system in Turkey: an analysis of a public policy formation using multiple streams framework

Turkey initiated a major reform in its criminal justice system in 2005 and a probation system was officially created. This article analyses the probation policy formation, and development processes in Turkey using a multiple streams framework (MSF), as theorised by John Kingdon. Qualitative method is employed through archival records, governmental documents, and semi-structured interviews with key actors. Findings suggest that MSF explains the evolution of the probation system, which emerged in a critical time. However, although the probation system was set up to overcome the increasing prison population and alternative to incarceration, the number of prisoners and probationers have increased significantly. Today, Turkey has been ranked one of the largest prison population in the world. It is concluded that the penal policy has led to unintended consequences, and the penal system including probation practices has been dramatically politicised by the government.     

A study of the outcomes of probation officers and risk-screening instruments classifications

Risk-screening instruments have become quite popular in assisting probation officers in determining the level of supervision which their clients should receive while they serve their sentence in the community. This study compares the outcome of probation officers' classifications with predictions of likelihood of success derived from four risk-screening instruments. The results indicate that probation officers' predictions were better than two of the risk-screening instruments, were as accurate as another, and not as accurate as the fourth in determining the probability that the probationer would successfully complete the terms of probation. The findings of this study are discussed in terms of the cost issue involved in classifying offenders for probation supervision.     

Volunteers in probation: A research note on evaluation

Despite the widespread adoption of volunteers in courts, probation, and parole, surprisingly little hard evidence exists demonstrating their effectivenes. Several studies are reviewed and one is reported on here. These studies suggest that volunteers are not effective. The reason for this may be that volunteers compete unsuccessfully with other aspects of clients' environment. Reasons for the adoption of volunteer programs may include selection biases that falsely tend to make volunteers seem effective. Recommendations for definitive study of volunteer programs are made.     

Universal Applicability of Probation Risk-Assessment Instruments

A probation risk-assessment instrument developed by the State of Wisconsin is receiving wide use throughout the nation and has been recognized by the National Institute of Corrections as part of a "model system." However, this has been done without extensive validation on populations other than Wisconsin probationers and parolees. The validity of the instrument for a population of City of New York probationers is assessed in this study. It was found that many of the variables contained in the instrument did not predict risk for the sample. On this basis. the validation of risk instruments before they are fully adopted is recommended. In addition, based on an analysis of split halves of our sample, the general weakness of statistically derived models is noted.     

Adultification in Juvenile Corrections: Examining the Orientations of Juvenile and Adult Probation and Parole Officers

Legislative activity, court decisions, and other activities have left open to question how distinct is the juvenile justice system from the criminal justice system. While several scholars have considered adultification of juvenile courts, no study has systematically examined the adultification of juvenile corrections. The present study assesses whether one type of juvenile corrections, probation and parole, has been adultified by comparing the professional orientations of juvenile and adult probation and parole officers. The study finds that juvenile probation and parole officers do differ from adult officers across several dimensions of professional orientation that are critical to the distinctiveness of the juvenile justice system. Specifically, our analyses show that compared to adult probation and parole officers, juvenile officers tend to more strongly adhere to ideals of treatment, welfare, and offender-focused probation and parole supervision.     

Paying Money for Freedom: Effects of Monetary Compensation on Sentencing for Criminal Traffic Offenses in China

The current study seeks to understand the role that monetary compensation plays on the joint occurrence of imprisonment and probation for criminal traffic offenses in China. We argue that monetary compensation influences sentencing decisions primarily by manipulating the probation terms in favor of the defendant. With monetary compensation directly increasing the chances of a more lenient punishment through extended probation as opposed to more severe penalties, we have found sentence lengths for criminal traffic offenses to be concentrated at 36 months, the maximum length eligible for probation. All available sentencing documents for criminal traffic offenses from 2014 to 2016 were retrieved from the China Judgments Online website. The final dataset contains 141,689 observations. Following a joint model approach using both sentence length and probation as outcomes, we utilized a Zero-Truncated-Generalized-Inflated-Poisson model to address the distributional characteristics of sentence length, such as discrete integers, non-zero values, and the concentration of data on certain points. To avoid detecting effects of little scientific importance due to our large sample size, all results were evaluated using bootstrapping techniques. We found that the likelihood of probation increases when monetary compensation is provided, but that compensation does not make a significant difference on the sentence length for those defendants receiving less than 36 months imprisonment. When considering the concentration of sentence lengths at specific values, monetary compensation was positively associated only with the chance of inflation at the value of 36 months, and the probation itself became insignificant in predicting sentence length. The significant positive relationship between monetary compensation and lenient sentencing outcomes suggests that compensation plays a crucial role in the Chinese judicial process. Our study will not only help researchers to better understand the legal process in China, but it will also benefit the larger community as an example of utilizing new sources of data.     

Identification of potential juvenile offenders

Conclusion In this article, we have reviewed the guidelines, from the criminological prediction tradition, that should be followed while developing a screening device for the identification of potential juvenile offenders. We were also able to recognize an appropriate screening strategy for prevention, even if more validation studies have to be conducted. Screening of juvenile offenders should rest on multiple stages, informants, methods, and variable domains. In addition, it was not possible to identify a satisfactory instrument for prevention screening. The candidate devices all have significant methodological deficiencies. Also, it was not possible to identify the particular predictors to retain for screening, even if there is a large consensus about the variable domains that are most important. To summarize, there is much technical work still to be done before we can develop appropriate screening instruments for the identification of potential offenders. Some screening strategies and instruments are promising, but none can be recommended for immediate use to policy-makers and practitioners. The state-of-the-art for the identification of potential juvenile offenders is such that the research community can only indicate how to develop good screening instruments. The research for this article was commissioned by the Study Group on Serious/Violent/ Chronic Offenders of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice of the United States of America. This paper is an adaptation of a more comprehensive review on screening for that study group.     

Experiences of probation supervision in Hong Kong: Listening to the young adult probationers

The aim of this article is to report some of the qualitative findings generated from a recent research on probation in Hong Kong. It explores subjective views and experiences of probation supervision from the young adult offender's point of view. Recently there was an increasing emphasis on probation research and improvement, thereby identifying what works or otherwise in rehabilitating offenders and reducing their re-offending. Nonetheless, the role of offenders was largely neglected as service recipients or ‘customers’ in commenting on the usefulness of a penal measure. Offenders are excluded from being asked for their opinions as citizens. Conversely, this study allowed probationers to talk about their experiences of probation supervision in Hong Kong in semi-structured interviews. Their first-hand accounts indicated that probationers had much to contribute to the evaluation process and their voices should be heard by practitioners and policymakers in order to improve probation practice.     

我国缓刑制度改进的传统之维——以保辜为讨论中心

保辜制度是我国古代刑法中的一项重要制度，它在唐律中有完备的规定。保辜制度要求人身伤害的犯罪人对被害人进行积极的救治，视救治的效果决定犯罪人的刑罚。保辜制度能够对我国缓刑制度的改进提供有益的借鉴，它在理论、经济和社会价值上都可以给缓刑制度之发展以导引和启迪。借鉴保辜制度，我们应当建立犯罪复原性的缓刑类型，建立缓刑保证制度，这将促进缓刑制度的创造性发展与进步。     

White collar offenders under community supervision

This article presents an analysis of the beliefs held by federal probation officers concerning their role in supervising white collar offenders. The major finding is that this supervision is regarded by most officers as “going through the motions.” It is suggested that this attitude is in part due to the class standing and lifestyle of the typical white collar offender as it is perceived by probation officers. The question raised is whether community supervision of white collar offenders makes any sense, especially given the interactional patterns that typically develop between white collar offenders and their probation officers, which may facilitate denial of criminality by these offenders.     

Using self-report inventories to assess recidivism risk among prisoners about to be released on parole supervision in Sweden

Prison release planning is rarely based on adequate assessment using evidence-based instruments. This study uses well-established self-reports for screening of problem severity and for predicting recidivism, measured as reconvictions during one-year following release, in prisoners about to be conditionally released on probation in Sweden between 2009 and 2010. One Hundred and six prisoners completed the following measures: Karolinska Scales of Personality, Hopkins Symptom Checklist-25, Alcohol Use Disorders Identification Test, Drug Use Disorders Identification Test. Results show frequent mental health and substance use problems and high scores on the KSP psychopathy factor. Anxiety and problematic drug use were the two most important factors associated with one-year recidivism. Prior to release, self-reports could be useful for screening of problem severity, and for predicting recidivism.     

回顾与展望——科学认识社会主义发展的历史进程

建立科学的社会主义制度 ,是一项不断探索、反复试验的伟大的社会工程 ,不可能一次完成。 2 0世纪社会主义制度的建立和发展对人类进步和世界文明作出了巨大贡献。苏东剧变 ,世界社会主义遭受重大挫折 ,教训十分深刻 ,可以从多方面、多角度去认真总结。中越等社会主义国家的改革、开放和实现社会全面进步 ,在理论和实践上都获得了巨大成功 ,形成了鲜明的时代特色。同时也为世界社会主义的发展开辟了一条新路 ,预示了 2 1世纪将是世界社会主义运动大发展的世纪     

中日票据拒付处分制度的比较研究

票据是典型的有价证券。票据之所以能够快速进行流通、实现安全转让,主要是有赖于该票据背后的信用支撑,因此票据信用研究至关重要。日本的拒付处分制度,对于维持票据的信用发挥着极其重要的作用。目前我国正在努力建立社会的诚信体系,可是我国票据尚无类似日本的那种制度,所以介绍、分析比较和中日之间的区别,借鉴日本的先进做法,对于建立我国票据信用制度是有益的。     

GC/MS/Xcalibur技术自动分析疑似固体中管制药物

目的建立疑似含毒检材中国家管制药品的自动筛选方法。方法以我国2007年公布的精神药品和麻醉药品的品种目录为检测目标物,建立质谱用户库;以此为基础,设置气质联用仪自动分析方法对疑拟检材进行常见管制药品的快速筛选。结果建立了库名含多种实用信息、包括230种管制药品的质谱用户库;建立管制药品的质谱自动分析方法,实现＂一针分析出结果＂。结论方法简单、快速、准确可靠,省时省力,能有效提高可疑检材中管制药品筛选分析的速度。     

论缓刑的性质

代表着宽容和节俭的缓刑制度,符合刑罚谦抑化的发展趋势和人类文明进步的潮流。本文从探讨缓刑性质的方法论入手,对缓刑的性质进行深层次剖析,拓展缓刑理论的深度和广度,推进司法实践中扩大缓刑适用率、强化社区矫正的步伐,来拓宽解决中国监狱膨胀,实现刑罚成本最大效率的途径。     

Girls and Culture˜ in Delinquency Intervention: A Case Study of RYSE

Given the growing trend of girls in the juvenile justice system, there has been increasing attention toward providing gender‐specific programming. The Reaffirming Young Sisters' Excellence (RYSE) program was one of Alameda County, Calif., Probation Department's intervention programs designed to address both gender and cultural factors in girls programming. ANCOVA analyses of 350 randomized girls did not provide support for the gender‐specific hypothesis that girls who received RYSE intervention will have a lower recidivism score than girls who received traditional probation services. However, the cultural hypothesis was partially supported with African American girls who participated in the RYSE intervention faring better than Hispanic, White, and Asian RYSE girls, and their African American control counterparts.     

Juvenile diversion and the constitution

The juvenile justice system has been a product of interaction between legal and socio-medical forces since its inauguration near the end of the last century. While the socio-medical forces have, for the most part, been dominant over the years, concern for minimum legal standards has been a conspicuous part of the picture since the years 1966 to 1967. The result is serious attention to due process and fundamental fairness in court processing, and low tolerance for abridgement of such rights in the interests of attaining the social goal of rehabilitation. The question arises as to how early in the procedural chain for juveniles various due process rights should enter. Some have argued that important due process rights should be components in the process leading to probation, and even police, diversion. The central argument of this article is that broad directives regarding due process in diversion are inappropriate. Indeed, analysis of actual and potential losses of freedom associated with diversion decisions leads to the general conclusion that very few diversion programs require usual procedural rights. Moreover, a survey of case law indicates that there is little reason to expect that the procedural protections enunciated by the U.S. Supreme Court so strongly in the 1960s will be extended by the courts to police (or probation) decisions on diversion in the 1980s.     

Officially recorded convictions for probationers: The relationship with self‐report and supervisory observations

Objectives. For the past 20–25 years the assessment of the outcomes of probation supervision and its associated variants has relied upon officially recorded offending as the chief determinant of ‘success’ and ‘failure’. A recent assessment of the impact of accredited programmes aimed at reducing offending called for reconviction rates to be supplemented with other outcome measures to give a more accurate picture of treatment effectiveness. Methods. Self‐reports of offending are one such alternative outcome measure, and this paper responds to recent calls for developments in this field. This paper throws further light on the frequency of offending by probationers during their probation orders, the extent to which their officers knew of this offending and the relationship between self‐reported offending and subsequent convictions. Results. The data suggest that about a half of the probationers committed at least one offence during the time they were on probation and that about a third of the probationers reported that they had committed more than four offences during this same time. In the main, probation officers reports mirrored the reports gained from the probationers. Generally speaking, the relationship between self‐reported offending and officially recorded convictions was also very close. However, this varied by the offences/convictions under consideration. Conclusion. There were slightly more probationers found guilty of property offences than had admitted to such offending during their interviews. The explanation for this appeared to have been deliberate concealment on the part of the probationer, rather than recall failure.     

故意伤害案件中赔偿影响量刑的机制

赔偿作为一种酌定情节,对量刑有重要影响。通过对近3000份故意伤害案件刑事裁判文书的实证研究发现:赔偿对主刑量刑结果和缓刑适用均有重要影响;随着案件严重程度的增加,赔偿对量刑的影响相对下降,谅解对量刑的影响相对上升;赔偿时间对主刑量刑结果的影响不显著,但可显著提高非羁押性强制措施和缓刑的适用率;谅解时赔偿数额的确定机制兼具理性与非理性的双重因素。受法院功利主义量刑思维的影响,故意伤害案件中赔偿影响量刑机制的运行存在失范风险,如赔偿谅解后“量刑剪刀差”的出现、赔偿谅解中的“贫富差距”问题、谅解时赔偿数额的确定中非理性因素的放大等。为防范上述风险,可从实体法和程序法两个层面,完善故意伤害案件中赔偿影响量刑的机制。