Deck 10: Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

Question 1

Treating Probationers with Cognitive Behavioral Therapy
Cognitive behavioral therapy (CBT) is a correctional treatment approach that focuses on patterns of thinking and the beliefs, attitudes, and values that underlie thinking. The therapy assumes that most people can become conscious of their own thoughts and behaviors and then make positive changes. A person's thoughts are often the result of experience, and behavior is often influenced and prompted by these thoughts. In addition, thoughts may sometimes become distorted and fail to reflect reality accurately.
When a probationer is placed in a CBT program, the goal is to restructure distorted thinking and perception, which in turn changes a person's behavior for the better. Characteristics of distorted thinking may include immature or developmentally arrested thoughts; poor problem solving and decision making; an inability to consider the effects of one's behavior; a hampered ability to reason and accept blame for wrongdoing; or an inability to manage feelings of anger. These distorted thinking patterns can lead to making poor decisions and engaging in antisocial behavior to solve problems.
Recently Patrick Clark reviewed the existing literature on cognitive behavior. He found that, unlike other approaches, CBT places responsibility in the hands of clients while supplying them with the tools to solve their problems, focusing on the present rather than the past. People taking part in CBT learn specific skills that can be used to solve the problems they confront all the time as well as skills they can use to achieve legitimate goals and objectives. CBT first concentrates on developing skills to recognize distorted or unrealistic thinking when it happens, and then on changing that thinking or belief to mollify or eliminate problematic behavior.
Program Effectiveness
CBT is one of the few treatment approaches that has been broadly validated with research. Unlike other traditional and popular therapies, CBT has been the subject of more than 400 clinical trials involving a broad range of conditions and populations. For example, Sesha Kethineni and Jeremy Braithwaite found excellent results when they evaluated a CBT program used with juvenile probationers. CBT has shown to be reliably effective with a wide variety of personal problems and behaviors, including substance abuse, antisocial and aggressive behavior, and mood disorders, all of which have been linked to criminality.
Evidence of the treatment's effectiveness has been produced by Mark Lipsey, who examined the effectiveness of various approaches to intervention with offenders. His review analyzed the results of 548 studies from 1958 to 2002 that assessed intervention policies, practices, and programs. Lipsey found that interventions based on punishment and deterrence actually increased recidivism. On the other hand, therapeutic approaches based on counseling, skill building, and multiple services had the greatest impact in reducing further problem behavior. In a recent review of correctional treatment, Lipsey, along with Nana Landenberger, found that CBT significantly reduced recidivism. The greatest effects were found among more serious offenders, perhaps because CBT's enabling, self-help approach increases program participation and is therefore most effective with clients who shun or resist other approaches. The therapy is also more effective in reducing further criminal behavior when clients simultaneously receive other support, such as supervision, employment, education and training, and other mental health counseling.
CRITICAL THINKING
If changing or altering disruptive thinking patterns is key to changing behavior, does that mean that crime is more of an individual problem than a result of poverty, social inequality, and disorganization? Is the logical conclusion, then, that if crime is more common in poor neighborhoods and communities, affluent people have better cognitive skills than the poor?

Answer 1

Case synopsis:
The given case reveals the scope of Cognitive Behavioral Therapy (CBT) to reduce the recidivism among offenders. CBT is a treatment that considers belief, values, and attitude of an offender. This treatment restructures distorted thinking of an offender. It changes the behavior better.
The research studies pointed out that, punishment is highly increased the recidivism. However, CBT could reduce the recidivism rate with counseling, skill building, and multiple services. It positively modifies offender's behavior.
The reason for committing a crime:
The crime is the impact from the disruptive behavior of the individual. The behavior is highly influenced by socio-economic factors. They are poverty, social inequality, occupation and disorganization.
These socio-economic factors inherently influence an individual from his/her childhood. Hence, the unfavorable socio economic factor is a reason to commit a crime. However, CBT help to change this behavior. Therefore, it gives more sense of reality to an individual.
Cognitive skill of affluent people and poor people:
Cognitive skill is common for all the human beings. However, the way of life is different for these two types of people. The affluent people are organized and they satisfy their needs in each stage of life. Hence, they get higher status and recognition in the community.
However, the nil satisfaction of poor people diverts their thinking into unfavorable ways. It ultimately reaches to commit a crime. Hence, the cognitive skill does not have any difference among poor people and affluent people.

Question 2

Frank Fellman, the first-round draft choice of the local NFL team, has been convicted for reckless endangerment. He was driving at 2 A.M. when he struck a young woman who was crossing an intersection; she suffered a broken leg. At trial, the evidence showed that the woman was legally drunk and had entered the intersection against the light. Fellman, who has had a long history of battles with the law, was already under a probation order forbidding any misbehavior and imposing an 11 P.M. curfew. At a hearing, the presiding judge reminded him that he had been warned against any further violations and it had been made clear that violating the conditions of probation would not be tolerated. During the presentencing investigation, the probation department concluded that Fellman was not a danger, and his scores on the risk assessment scale used by the department found that minimum supervision probation would work in his case. Based on this evidence, the judge chose not to revoke his probation if he made restitution to the victim, surrendered his license, and wore an ankle bracelet tracking device. Because his probation was continued, Fellman would be able to attend training camp and not miss the season.
The news media got hold of the story and claimed that Fellman was being given an unfair advantage because he was an athlete. As a result of the public outcry, the judge reversed his decision and ordered Fellman to serve six months in jail. Fellman's lawyers have filed an emergency appeal, asking you, the appellate court judge, to grant him relief and suggesting (a) that the original sentence was overly harsh and (b) the withdrawal of the house arrest order solely because of media attention was a violation of his due process rights.
Ethical Challenge: Write an essay on how you would deal with the case. In your paper, address whether you think Fellman should be jailed for his behavior even though his scores on a risk classification scale say otherwise. Should we trust these scales or do they conflict with the ethical treatment of people convicted of crime? You may also want to address these issues: Is he being punished because of his status? How would the public be served by putting Fellman in jail and jeopardizing his career?

Answer 2

Case synopsis:
The given case reveals the reason to revoke of the probation. Here, FF is already under the probation order. In this period, he stuck a young women at the time of 2:00 AM when she was crossing the intersection. At trial, evidence show that she was drunk and cross the intersection without consider the light.
Court declared that, it is the clear violation of probation. However, after the enquiry probation department suggest that FF can give minimum supervision probation. Court granted probation after the restitution on victim. However, due to the outcry of media, court again revised the sentence and imprisoned FF for six months.
Method used to deal the case of FF:
This case of FF is different from common case. FF did not commit any major crime. The crime unintentionally occurred due to the violation of traffic rules by women. Hence, FF deserve the probation instead of jailing because, the probation department found he is not a danger person to the society. This risk assessment is based on the behavior of FF in the past. Hence, the imprisonment of FF is not to influences the behavior.
The risk assessment scale is very important to declare a punishment. This scale is purely based on the investigation about FF. Hence, it is more valuable and valid to make judgment. Moreover, the reason for crime is the drunkenness and violation of traffic by women. Hence, both risk assessment scale and ethical treatment of convict has right to get relaxation in punishment.
Here, the punishment like imprisonment is only due to the outcry of media and public. The status of FF is the only reason to create this outcry. Otherwise, the court can declare effective judgment without the intervention of external forces.
Hence, these media and public try spoil the career of FF. They do not consider the ethical reasons and risk assessment scale of FF in the judgment. The public made deterrence in the right of FF to live in the society. This unethical outcry of media and public jeopardize the career of FF.

Question 3

What is the purpose of probation? Identify some conditions of probation and discuss the responsibilities of the probation officer.

Answer 3

Probation:
Probation is a contract that involves offender and court. This contract provides parole to the concerned offender as per the conditions of probation. However, violation of probation conditions is the execution of another crime. The court will consider the violation is a major crime and provide punishments to such probation revocation and incarceration.
Purpose of probation:
Probation is the method to correct an offender from sins. This sentence can give a comparison in the mind of offender. The social attachment of offender can change the offender's criminal mind.
Moreover, the strict condition of probation limits offender to engage in several activities. Therefore, purpose of probation is to rehabilitate offender by giving a chance to engage with society.
Conditions of probation:
Conditions for prohibition are the restriction imposed by the court behind offenders. These conditions do not have perpetuity for all the cases. It will change with the nature of crime and offender. Commonly, prohibition restricts offender to engage in the society. It also restricts the personal lives.
Hence, at the time of probation all the activities of offender must be informed and clearly justified to the court. These are the common conditions imposed by the court behind offender in the period of probation.
Responsibilities of probation officer:
Probation officer is responsible person to oversee the offenders those who avails probation. The responsibility of this officer to confirm offenders obey probation conditions. Hence, probation officer is also liable to notify the court when an offender disobeys the conditions.

Question 4

Discuss the procedures involved in probation revocation. What are the rights of the probationer? Is probation a privilege or a right?

Question 5

Should a convicted criminal make restitution to the victim? When is restitution inappropriate? Could it be considered a bribe?

Question 6

Should offenders be fined on the basis of the seriousness of what they did or in terms of their ability to pay? Is it fair to base day fines on wages? Should offenders be punished more severely because they are financially successful?

Question 7

Does house arrest involve a violation of personal freedom? Does wearing an ankle bracelet smack of "Big Brother"? Would you want the government monitoring your daily activities?

Question 8

Do you agree that criminals can be restored through community interaction? Considering the fact that recidivism rates are so high, are traditional sanctions a waste of time and restorative ones the wave of the future?