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  1. CRIMINAL JUSTICE POLICY

     

    QUESTION

    1. Identify some of the felonies that are detailed under the “three-strikes and out” law in California, and discuss the meaning of the “three-strikes and out” law within the California penal code.

      Compare and contrast standard and special conditions that can be attached to the terms of
      probation.

      3. Examine what is meant by rehabilitation and discuss what it targets.

 

Subject Law and governance Pages 4 Style APA

Answer

Standard and Special Conditions of Probation

 

 

There are several ways of punishing crime in a country. Probation is one of the methods in lieu of incarceration when an individual is convicted of a criminal offense. The offender is sentenced to probation by a judge. During probation, the offender is supervised by a suitable authority, such as a probation officer. The offender can also be released from county jail under special conditions. According to Worrall (2019), there are two primary regulations as per probation: standard conditions and special conditions. It is important to note that both special and standard conditions can be implanted on a personal basis. Additionally, these conditions may vary from one state to another. Worrall (2019) adds that a common misconception is that probation and parole are the same sentence. He explains that parole is after the offender has been released from incarceration, and is expected to abide by specific parole conditions. This paper will explore most of the common standard conditions and special conditions for offenders on probation. 

Standard Conditions of Probation

These conditions will apply to the majority of probation cases (Worrall, 2019). These conditions include the following:

  1. The offender should avoid any criminal related activities during the probation period. 
  2. The offender is not allowed to travel beyond the provided jurisdiction without the permission of the court. 
  3. The offender is expected to report to the probation officer on the agreed dates.
  4. The offender should support their family by taking on different responsibilities. 
  5. The offender should not have any illegal substances, such as drugs in their possession. 
  6. The offer should avoid any interactions with criminals. 
  7. The offender should not visit places with known criminal activity. 
  8. The offender should give his/her probation officer access to his/her homes, and give away criminal related things to the probation officer. 

Special Conditions of Probation

Typically, these conditions may vary from one individual to another. Special conditions are also referred to as discretionary conditions of probation. Worrall (2019) explains that special conditions are added when the offender committed a felony or when the judge feels it appropriate to add to the sentence. 

Some of the examples of special conditions include:

  1. The offender should remain at home unless when attending work or school.
  2. The offender will remain in the custody of the authorities on weekends or in the evening. 
  3. The offender should abide by a house arrest program. 
  4. The offender should attend counseling to address a particular problem, such as addiction or depression.
  5. The offender is expected to pay child support.
  6. The offender can be deported if they are illegally in the country. 
  7. The offender should expect random visits from the probation officer. 

Conclusion

In essence, special conditions are in addition to the standard conditions. They differ from one offender to the next or may be similar. Thus, the role of the judge is to check if both conditions apply to a given defendant. In most cases, special conditions are written long-hand, while the standard conditions are already written out and only need to be checked out. However, technological advancements have allowed for both conditions to be typed and printed out. From the defendant’s point of view, differentiating between special and standard conditions of probation is unnecessary. This is because the defendant is expected to abide by each printed condition to avoid other adverse punishment. 

References

Worrall, J. L. (2019). Crime control in America: What works? Pearson Higher Ed.

 

 

 

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