alteratives to incarceration

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ALTERNATIVES TO INCARCERATION Alternatives to Incarceration Shelby Sanchez JUS – 441 Professor Cruz 1

ALTERNATIVES TO INCARCERATION Probation vs. Parole There are many alternatives to incarceration, however the two most popular are probation and parole. The differences between the two are that probation occurs before and instead of jail or prison time. Probation usually occurs before a criminal gets sent to jail or prison. When a delinquent gets probation in place of immediately getting their sentence and going to prison or jail, the judge gives them time to demonstrate that they want to be reformed in order to be reintegrated into civilization (AdviceCo Ventures Company, 2018) . In this situation, either the criminal is given probation without a predicted punishment or the judge will find the offender guilty, and momentarily stop the sentence while the defendant is on probation. If the criminal does everything the judge commands and they are a model probationer then they will have the opportunity to finish their sentence on probation. Otherwise, they could be given a new ruling based on the probation abuse and original misconduct. A criminal on probation would see a probation officer whereas a defendant on parole would see a parole officer (AdviceCo Ventures Company, 2018) . On the other hand, parole is an early release from prison. A criminal on parole might have to follow many requirements such as being instructed to stay in a halfway house, continuing with payments on fines, and other monetary responsibilities. A parole officer would be in charge of clarifying all the rules and regulations of parole to the defendant and oversee his or her improvement. If the defendant does not fulfill the requirements with his or her parole conditions then the parole officer could fill out a report with the parole board (AdviceCo Ventures Company, 2018) . The parole board would meet and could decide if the defendant should be returned to prison to finish out their sentence. 2

ALTERNATIVES TO INCARCERATION Intermediate Sanctions Intermediate sanctions are alternative penalties executed by the United States criminal justice system. These are used to observe criminals who are not under the usual limitations of probation or imprisonment. The threat and incentive for alternative punishments can be doubtful depending on the crime a person has committed. The purpose for intermediate sanctions is to restrict the activities of a probationer and make them more accountable for their actions (Find Law, 2019) . Precautions are necessary as the offenders are free to live in their communities so in order to maintain public safety there are rules and regulations that need to be followed. Intermediate sanctions can vary based on the crime committed, some people find themselves confined to their homes wearing a monitoring bracelet, while others may need to report daily to their probation officer to confirm their whereabouts and can also be kept under some type of surveillance. These alternative punishments are meant for both punishment and rehabilitation (FAMM, 2011) . Categories of Crime There are three types of classifications for classifying crimes: these include infractions that are for petty offenses punishable by fines (i.e. traffic ticket, parking ticket), misdemeanors are criminal offenses that transfer up to a year in jail for most circumstances (i.e. assault, shoplifting, vandalism), and lastly, felonies are the most serious type of criminal offense. These comprise serious bodily harm to victims but can also contain crimes such as while collar and fraud (i.e. murder, arson) (Bergman, 2017) . Within these classifications are the specific crimes which can be anything from assault, homicide, rape, robbery, forgery, solicitation, driving under the influence (DUI), and so many more. The categories of crime that should be changed to civil 3

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ALTERNATIVES TO INCARCERATION infractions or at least community service should be vandalism, shoplifting, traffic violations, solicitation, issuing a bad check, public sexual indecency, etc. Although these are still against the law, these are less serious offenses that can be handled without having to put the lawbreakers behind bars (Bergman, 2017) . Judges usually regulate whether to inflict substitute rulings based on “the type and cruelty of the crime, the age of the defendant, the defendant’s criminal history, the effect of the crime on the victims, low risk offenders , and the defendant’s remorse” (Find Law, 2019) . Alternatives to incarceration are normally for less severe crimes such as misdemeanor drug offenses, alcohol offenses, vandalism, etc. This is because the alternatives to incarceration can mean the criminals have to take rehabilitation classes, do community service, home confinement , etc. in order to finish their sentence (FAMM, 2011) . 4

ALTERNATIVES TO INCARCERATION References AdviceCo Ventures Company. (2018). What is the Difference Between Probation and Parole? Criminal Law . Bergman, P. (2017). Felonies, Misdemeanors, and Infractions: Classifying Crimes. Crime Classifications . FAMM. (2011). Alternatives to Incarceration in a Nutshell. Families Against Mandatory Minimums . Find Law. (2019). Alternative Sentences. Criminal Procedures . 5

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