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15/12/2021 Client: muhammad11 Deadline: 2 Day

In the case of Gagnon v. Scarpelli, the Supreme Court determined that Scarpelli should be released because he was not given a preliminary revocation hearing before the revocation of his probation sentence. The Court determined that a probationer’s sentence could only be revoked after the conduction of a preliminary revocation hearing and a final revocation hearing.

What led probation agencies to use violation of supervision management strategies?
Probation agencies began using the violation of supervision management strategies to deter the incarceration of clients who are in violation of conditions of supervision. The adoption of these strategies was largely due to the realization that violations of both parole and probation contribute significantly to prison overcrowding.

13. Why do probationers and parolees have a diminished expectation of privacy?

The offenders have a diminished expectation of privacy than ordinary citizens because they are deemed deviants to the order of society. Thus, they and their residence can be subject to arbitrary searches without the officer needing a search warrant.

14. What is meant by a liberty interest?

Liberty interest can be defined as a concept that necessitates due process procedures if there is potential of freedom infringement arising from government action.

15. What are the differences between probation violation procedures and parole violation procedures?

With probation violation procedures, a violation of probation will result in a hearing on whether the probation should be revoked or not. The offender does not have the right to a jury trial or a speedy trial. In addition, the standard of proof is lower in a probation hearing than in a criminal trial. A judge will listen to probation violation hearings.

Parole violation procedures require that the parolee be given a probable cause hearing within 10 days of arrest as well as a hearing within 30 days. The parole violation hearing is referred to as a Morrissey hearing. A parole board will listen to the parole hearing procedures.

16. What has the Supreme Court decided with respect to the rights of a parolee accused of violating parole?

The Supreme Court decided that a parolee has the right to due process of the law before he can be taken to jail for violating his parole. The rights under the due process include the right to defend him in front of the parole board to convince the members that he did not commit the violation or that the violation was not so egregious as to warrant his return to prison. He also has the right to a hearing and the right to hear any evidence presented against him.

17. What are the pros and cons of restitution and charging offenders fees in probation or parole?

An advantage of restitution and charging the offenders is that the State reclaims part of the money it spent in incarcerating and rehabilitating the offenders. In other words, the State is able to recover some of the resources it utilized in keeping the offenders safe, monitoring them, and giving them food and a bed (in the case of parolees). Restitution can also help the aggrieved parties recover some of the losses incurred because of the destructive nature of the actions of the probationers and parolees.

One major disadvantage with restitution and charging offenders’ fees is the fact that most of them will not be able to afford the fees. Jobs are hard to come by when one has a record and the additional fees might make life unbearable for most of them. Many will become recidivists due to either the stress or the lack of income to pay the fees or both. The fees are simply a way of increasing the number of debtors in the country. In addition, many states do not allow the offenders to vote until they have finished paying off these costs. This means that majority of these offenders will not get an opportunity to vote in the foreseeable future. They will not feel like a part of the society thereby increasing the chances of recidivist activities.

18. What is the philosophy behind restorative justice?

The premise behind restorative justice is that the needs/ requirements of the offenders should also be considered alongside the needs/requirements of the victims.

19. How is restorative justice accomplished?

Restorative justice is accomplished by encouraging the victims to take an active role in the healing process while also encouraging the offenders to take responsibility for what they have done by attempting to repair any harm caused by their actions. They can do this through community service, returning stolen property, and making an apology.

20. What are the characteristics of "broken windows" P/P supervision?

The broken windows stipulate that the sight of abandoned run-down cars and graffiti filled walls can lead people to be despondent and they resort to crime due to the disorderliness. In the same way, if offenders are left to their own means and are not made to feel a part of the community, they may resort back into crime. Thus, the ‘broken windows’ P/P supervision helps bring the community into the matters of supervision. This is carried out by giving the offenders

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