Case Study: Out-Of-Town
This case study will examine four parts of out-of-town brown and the besieged probation supervisor. The first is what should Casey’s response be to the reporter concerning the agency’s recommendation. The second is if Casey elects to discuss her officer’s recommendation for some form of intermediate sanction, how can she justify such sanctions in general and in this case specifically. The third covers do you feel that the probation officer’s recommendation based on these facts is correct, why or why not.
Lastly, which form of intermediate sanction would appear to hold the most promise for the offender in this case. Casey’s Response I would answer the phone and answer question with a brief conversation. I am standing by the decision the probation officer has recommended. The intermediate sanction is proper decision for a 23-year-old man who murdered his stepfather with a knife after suffering many years of physical and mental abuse. The young man had no prior record and had been an incest victim since he was 5 years old; he is considered an otherwise nonviolent person, a low recidivism risk.
However, this call that I receiving from you, a well-known veteran local television anchor—a strong crusader in the local war against crime, is to deter me from agreeing with the probation officer. I know you know the young man will be sentenced tomorrow, but I want you to answer a few questions. Have you ever done something in your life where you could have been sent to prison? Don’t answer because I know the answer. Did this young man do something against society? Yes, he will and has payed for his crime. Intermediate sanctions are criminal sentences that fall between standard probation and incarceration.
Intermediate sanctions can include house arrest, intensive probation, boot camps, electronic monitoring, and drug treatment programs. Intermediate sanctions serve a dual purpose in the criminal justice system. The reason I am agreeing with this sentence is because intermediate sanctions versus incarceration assist overcrowding and eases the burden from the prison system in the United States. I’d rather give him a chance than another prisoner who has killed several people for no apparent reason. The young man has been dealt horrible hand in life, and I think he can benefit from this sentencing.
I think if this was your child, brother or even you would want a second chance. It is time for someone to help this man so he can become a productive citizen. The person without any sins shall cast the first stone. Society will get its justice, but a man will receive another chance at life. The agency has to make decisions that will be beneficial to society and the prison system. The sentence is not letting the young man go free, but he will sever in least restrictive setting to pay for his crime. Officer’s Recommendation And Such Sanctions
The 23 year-old-man who murdered his stepfather, after many years of suffering mental and physical abuse, deserves an intermediate sanction. The probation officer has taken into account the entire situation to make this recommendation. The man’s several years of constant abuse, prior criminal record, and nonviolent characteristic outside of the incident are indications that the man may not react well to being in a prison. Intermediate sanctions are community-based corrections that are more restrictive than probation and less restrictive than prison (Potter, 2005).
Intermediate sanctions are still effective because it incapacitates offenders enough to make committing new crimes extremely difficult, it is a deterrent to the desire to commit new crimes, and it protects the community (Peak, 2010). There are several options to employ to ensure the community is safe, and the offender is closely monitored. Intensive supervision, home confinement, electronic monitoring, and community correction centers are all different options that would be sufficient sanctions for the man and the community.
There are several benefits to using some form of intermediate sanction for this case and future cases to come. Intermediate sanctions are cost-effective versus housing an inmate in prison or an institution (Potter, 2005). The offender has the ability to live in the community, contribute to the community, and receive support or treatment from treatment programs. By removing the prison facility from the equation, recidivism is reduced because offenders do not have to reintegrate back into society (Potter, 2005).
Currently, this community is focused on the war on crime. The act that the 23 year-old-man committed is undoubtedly criminal. Furthermore, this department is committed to doing what is right. However, the 23 year-old-man is not the person to imprint retribution because he is also a victim. The intermediate sanction is not letting the man get off easy; he will still receive supervision and most importantly treatment. The man can make a positive impact on the community through community service and further supporting the war on crime.
Probation Officer’s Recommendation I do not feel that the probation officer’s recommendation of “intermediate sanctions” is appropriate for the 23-year-old man. Although I do see that the young man was physically and mentally abused for years as he was also a victim of incest since he was five, he is still an adult. We also know “The young man had no prior record and had been an incest victim since he was 5 years old; he is considered an otherwise nonviolent person, a low recidivism risk” (Peak, 2010).
I feel that the young man should receive jail time and not just intermediate sanctions. If he were a 13-year-old boy intermediate sanctions may be appropriate, but seeing that he is an adult I feel that jail time as well as intensive therapy and counseling is entirely necessary for him. The individual, although not stated, may definitely know the difference from what is right and wrong in life and he may have been able to at least get away from his father or notify the police of what his father has done to him and has been doing to him since he was a child.
In some instances the individual may have been reliving the situations that his father had put him through and this may have triggered his response to kill his father; the crimes he committed are also violent in which I also believe intermediate sanctions is not appropriate for the young man. Knowing that the situation could have been handled a lot differently, the young man may not have killed his father and his father could have been the one incarcerated leaving the young man to seek therapy and counseling for his scarring of childhood.
Since the young man was the victim to his father in previous and possibly current years, I feel that the individual should receive a sentence of voluntary manslaughter since he committed a crime without premeditation and leading to the murder he had a prior history of mitigating factors. “Mitigating factors show that the defendant poses less risk to society tha otherwise, so a lengthy sentence is unnecessary. Typical mitigating factors include the lack of a criminal history and the defendant’s acceptance of responsibility for the crime” (Thomson Reuters, 2013).
While the individual receives his sentencing, it is vital that he also receives intensive therapy and counseling to help him cope with his actions as well as to cope with his prior history of being a victim. Having therapy and counseling can help the individual to adjust to his new environment and also be relieved mentally of being abused as a child physically and mentally as well as being a victim to a disgusting crime of incest as a child.
It is sad to say that he went from being the victim to the murderer when things could have ended up differently for him and his now deceased father. Intermediate Sanction Intermediate sanctions focus primarily on nonviolent offenders, in order to reduce the costs of lengthy prison terms and to reduce the amount of individuals housed in prisons for minor offenses. In addition, some intermediate sanctions provide offenders with treatment options that the prison system is not capable of providing because of the current budget.
In light of the recent increase in the prison population, certain alternative sentencing options currently exist in the criminal justice system. “Because many States are concerned about the fiscal ramifications of recent increases in sentence lengths for violent crimes, the combination of sentencing guidelines and intermediate sanctions has been seen as a cost-effective means to direct violent offenders to appropriate prison sentences and many nonviolent offenders to appropriate community sanctions” (Tonry, 1997, pg.7).
In the case of the twenty-three year old man who murdered his stepfather, the intermediate sanctions alternative would normally not apply to such a case. In consideration of the current facts pertaining to budget issues within the criminal justice system, perhaps certain exceptions are of consideration in this case taking into account the offender’s previous record. The form of intermediate sanction that would hold the most promise for the offender in this case would be shock probation/parole.
Since the offender has no previous record of any kind and considered a nonviolent person, based on his previous record, and is at a low risk for reoffending, and the individual does not pose an initial threat to his community. The “shock” probation form of intermediate sanctions provides the offender, in this case, with a brief exposure to prison life over a few months (which the offender in this case will not be comfortable with in relation to his non-existing criminal record). This sanction will allow the judge to reconsider initial sentencing and bring the offender before the judge to determine the outcome of the sentence.
The overall concept of shock probation is to deter individuals from potential criminal behavior in the future, and provide the individual with a taste, so to speak, of what is in store for the offender if he decides to pursue a criminal life-style (Peak, 2010). Under the “shock” probation sanction, individuals’ need to obtain a sponsor within the community who will take responsibility for the offender’s actions, while communicating directly with the probation officer. Deming the applicant as a nonviolent person, the offender should have no problem obtaining a sponsor within the community.
The selected sponsor is responsible for providing resources to the probation officer, such as providing transportation, compliance, and with legal standards, such as curfew and other restrictions, and to assist the individual with adequate shelter and maintain employment if necessary (Peak, 2010). Conclusion By understanding this case study it allowed for us to examine the four key parts around Casey’s response in relation to the Probation Supervisor. By evaluating all aspects of this case study we were able to identify with Casey’s point of view.
When looking at any kind of response to the media, it shows you must be collective and precise in what you disclose. With the incorporation of the Probation Officer’s recommendation, intermediate sanctions are required in order for correct proceedings to be in effect. Fiscal ramifications often pose diminshing effects to the intermediate sanctions. Taking all these points of views into consideration, one will have more information to evaluate when determing interaction with the media and Probation Officers.