Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.     

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.     

A Framework for Comparison of Intensive and Special Probation Projects

This paper presents a conceptual framework to consider the activities and outcomes of probation projects. It is based on twenty site visits at which probation staffs described how project activities interrelated to produce desired effects. Based upon comparative analysis of these projects, alternative probation strategies are contrasted in six areas: (1) caseload reduction as a means to increase contact time; (2) in-house versus out-house treatment services; (3) helping relationships and tightened surveillance for probationers; (4) ways to enhance community acceptance; (5) usefulness of attempting to change probationer attitudes versus behaviors; and (6) goals of reduced criminal activity during, versus after, probation. The analysis points up underlying assumptions of probation programs and leads to three recommendations. First, contact character is a more superior measure of probation intensity than is caseload reduction. Second, probation projects should prepare conceptual frameworks to better understand the relationship between project activities and desired outcomes, but they should not be subject to elaborate evaluation requirements. Third, multiple measures of criminal activity allow a more balanced appraisal than is possible with single measures such as revocation rate or recidivism.     

A Comparison of Female and Male Probationers

Abstract

A majority of women convicted of crimes are sentenced to probation. Although proportionately more women than men receive probation, little is known about female probationers. The current study is one of the few to compare the backgrounds and case outcomes of women probationers with those of men. Statewide probation discharge data were used to examine differences between male and female probationers on their individual characteristics, offense and sentencing variables, and case outcomes and to explore the effect of gender on case outcomes. A number of gender differences were identified across the probationer, sentencing and case outcome variables examined. In addition, gender had a statistically significant influence on both new arrests and technical violations, after controlling for other variables such as age, race, income, prior involvement in the criminal justice system, conviction offense and sentence length.     

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.     

Probation/Parole Officer Psychological Well-Being: the Impact of Supervising Persons with Mental Health Needs

Although supervising persons with mental illness can pose special challenges for community parole/probation officers (PPOs), few studies have investigated whether the number of supervisees on an officer’s caseload increases risk for poor mental health for PPOs and whether this link is due to emotional exhaustion. Using statewide survey data from 798 PPOs, we examine whether the number of supervisees on an officer’s caseload with mental health problems is associated with depressive symptoms reported the PPOs and whether this relationship is mediated by emotional exhaustion. In addition, we evaluate the potential mitigating role of both mental health services received by supervisees and officer training in mental health in the relationship between the number of supervisees on an officer’s caseload with mental health problems and emotional exhaustion experienced by PPOs. Findings reveal that PPOs with more supervisees on their caseload report significantly higher levels of depressive symptoms and that this relationship is completely explained away by emotional exhaustion. Neither mental health services received by supervisees nor officer training in mental health mitigated the link between the number of supervisees on an officer’s caseload with mental health problems and officer emotional exhaustion. This study underscores the importance of the psychological well-being of those on parole/probation for the emotional and mental health of the officers who supervise them.     

Implementation of a Contingency Management-Based Intervention in a Community Supervision Setting: Clinical Issues and Recommendations

A cognitive-behaviorally based substance abuse treatment program was implemented within a Community Supervision setting. This program included a goals group that included a contingency management component and included the probation agent as a part of treatment. This paper describes the contingency management component of the treatment and discusses, in detail, issues that arose throughout the course of the study. Possible causes and solutions to the issues are discussed from a contingency management perspective that can result in improved reinforcements to achieve better probationer outcomes.     

Factors Associated with the One-year Probation Outcome: A Self-report Study in Hong Kong

Why are some probationers able to comply with the sentence? Why do some fail to do so? In order to answer these questions, the article examines cross-sectional data collected from a selected group of Chinese offenders who were put on a one-year probation sentence in Hong Kong. It, in particular, aims at identifying the relative effects of four types of predictors, namely demographic, socio-economic, criminal history and probation intervention, on the probation outcome. For the purpose of this study, the probation outcome is the self-report data of the probationer at the end of the sentence. Logistic regression analyses revealed that self-reported reoffending was significantly related to peer involvement in criminal activities and triad association, a previous probation sentence, a urine test requirement and the offenders’ positive view of probation officers.     

完善我国缓刑制度的立法构想与司法对策

在我国 ,缓刑的立法规定和司法实践中存在一些亟待完善之处。在立法上 ,关于缓刑犯的实质条件及考察机关的规定 ,存在着制度缺陷 ;刑法对于未成年人适用缓刑未予以适当的倾斜 ,也未建立缓刑保证金制度。在司法实践中 ,对缓刑犯的监督考察落实情况较差 ,机构和人员不到位 ,监督系统不健全 ,管理失控 ,现行的监督考察体系难以适应新形势的需要。针对上述问题 ,应当修改刑法的相关规定 ,明确对未成年犯的特殊保护和缓刑保证金制度 ;人民法院应把好判决关 ,同时加强对缓刑犯的日常考察和管理制度 ;加强司法机关之间的相互配合和协作     

Procedural justice and the judge–probationer relationship in a co-occurring disorders court

Although a considerable amount of research has been conducted on treatment-based courts, there is little quantitative evidence that describes the relationship between the judge and the probationer. The present study examines perceptions of the judge–probationer relationship (JPR), procedural justice, and outcome satisfaction within a co-occurring disorders court (CODC) in Orange County, California. Based on interview and survey data from a sample of probationers within the CODC (n = 24), this article argues that perceptions of procedural justice are linked to perceptions of relationship quality between the judge and probationer. Analysis of the data found that probationers in the CODC have very positive views of their relationships with the judge, and elements of relationship quality are significantly linked with perceptions of procedural justice. Procedural justice is also a predictor of satisfaction with outcome in this sample. The results show promise that procedural justice and the quality of the judge–probationer relationship can positively affect probationers with co-occurring disorders in specialty courts.     

Dubious delegation: Article III limits on mental health treatment decisions

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However, Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court case law, this Note argues that a "judicial act" encompasses decisions affecting the defendant's significant liberty interests. The Supreme Court case law and the mental health literature make clear that significant liberty interests are at stake in these "treatment program" decisions. Thus, delegating the "treatment program" decision to probation officers is unconstitutional under Article III. The Note concludes by suggesting a constitutionally permissible scheme whereby the judge orders a maximally intrusive treatment while giving the probation officer the discretion to choose a less restrictive program.     

TREATMENT OF DELINQUENT YOUTH:

This article examines the relative influences of the juvenile probation officer's perceptions of self and work on his or her opinions of delinquency and decisions made about juveniles. Self-administered questionnaires were completed by 255 juvenile probation officers. Results indicate that the officer who is treatment-service oriented is less likely to label juvenile acts delinquent than the officer who responds to lawyer role models. Officers who make rehabilitative recommendations are less likely to label acts delinquent than those who do not. The independent variables accounted for a rural of 21.3% of the variance in the dependent variable, the officer's perception of treatment.     

Valence as a measurement of the effectiveness of probation officer-client relationship

Probationers are expected to be socialized or resocialized through the assumed “primary relationship” which is supposed to occur by randomly assigning probationers to officers. A Likert-type scale was developed to assess the necessary ingredient of a primary group—relationship valence—and was administered to the clients of an urban probation agency. The assumption was supported. However, evidence suggests possible improvement through planned matching of clients to officers based on client and officer personality profiles. The Relationship Valence (RV) Scale facilitates this matching as well as assists in officer development and program evaluation.The RV Scale can be used as a research instrument to enhance a greater understanding of clients by comparing high scorers with low scorers and also to enhance a greater understanding of officers by comparing officers who elicit high scores with those who elicit low scores. In addition, the RV Scale is a tool to investigate the relationship between “primary groupness” with client attitude change.     

Juvenile probation officer cynicism

This article addresses the question of cynicism among juvenile probation officers in Alabama. The findings reveal that Alabama juvenile probation officers are not as cynical as police and correctional officers have been found to be. It also reports that Alabama juvenile probation officer cynicism cannot be explained by the demographic variables of sex, length of service, and age.     

The influence of race,gender, family,and employment status on probationer sanctioning for noncompliance

Abstract

Although there is substantial attention to judicial decision-making during sentencing, fewer studies have examined decision-making post sentencing. Further, the interactions of probationer race and additional background factors have been under studied in post-sentencing decision-making. This study utilizes the focal concerns perspective to examine whether race interacts with gender, family status, and employment status in predicting sanctioning probationers for noncompliance. A sample of probation review hearings within an eight-month period in three domestic violence courts were selected. Results demonstrate that race does not interact with other background factors in influencing a jail sanction, while non-compliant behaviors are the strongest predictors.     

Modeling the longitudinal impact of legal sanctions on narcotics use and property crime

Structural equation models are used to confirm the suppressive effects of legal sanctions, e.g., probation and parole, on narcotics use and property crime. Both concurrent and longitudinal effects of legal sanctions are tested within two different models, which together span the entire addiction career. The findings indicate that (1) the suppressive effects of legal sanctions are evident only when legal sanctions are operationalized as parole or probation officer contact where urine monitoring is utilized; (2) only concurrent suppressive effects are statistically significant, and longitudinal suppressive effects are not; (3) both narcotics use and property crime are suppressed by legal sanctions, although the latter is less responsive than the former to intervention by the criminal justice system; and (4) suppressive effects tend to be more pronounced later in the addiction career. The significance of the findings and the implications for criminological theory related to issues regarding surveillance effects are emphasized.     

Walking the line: Specialized and standard probation officer perspectives on supervising probationers with serious mental illnesses

Specialized probation programs were developed to more effectively address the unique needs of probationers with serious mental illnesses. Probation officers are tasked with serving both law enforcement and rehabilitative functions, and officers play an important gatekeeper function in helping probationers with serious mental illnesses avoid long incarceration sentences. The purpose of this paper was to explore specialized and standard probation officers' work in supervising probationers with serious mental illnesses. Twenty-one probation officers (11 specialized and 10 standard) participated in semi-structured interviews. Qualitative analyses examined: 1 — beliefs on the relationship between mental illness and crime; 2 — purpose of specialized and standard probation units; and 3 — approaches to supervising probationers with serious mental illnesses. Implications for developing more effective probation supervision programs are discussed.     

Contemporary Modes of Probation Officer Supervision: The Triumph of the “Synthetic” Officer?

This article considers the continued relevance of law enforcement and social worker roles to probation officer practice, a central motif in community corrections scholarship. It also considers how these traditional functions are integrated into community-oriented supervision practices, increasingly emphasized in policy circles. Using Latent Class Analysis of data from a national community corrections survey, a four-class typology of probation officers was developed, based on their supervision practices. While classes vary according to the intensity of supervision, particularly in the engagement of third parties (family, community, and the police), there are no classes that correspond either to law enforcers or to social workers. Rather, officer classes are all “synthetic”—combining law enforcement and social work functions together in the same strategy. The analysis identifies a number of predictors of membership in more intensive supervision classes. These relate to ideological orientations, caseload characteristics, officer demographics, and agency progressiveness.