Posted: February 14th, 2023

Advanced Probation and Parole

After reading chapters 10 and 11 and the materials inside the learning lessons for these chapters, answer the following questions:

Discuss the challenges that individuals face once placed on probation or parole. Provide specific examples.
What due process protections are individuals on probation entitled to if they are facing probation revocation?
Provide examples of ways that probation/parole officers can be found criminally and civilly liable. Be sure to use case law to explain your examples.

Make sure to:

Write a short essay or paragraph of at least 500 words. YOU MUST INCLUDE THE WORD COUNT AT THE BOTTOM OF THE ASSIGNMENT.
Use concrete examples/details and avoid generalities.
Address all questions.
Use proper grammar and punctuation.
If you researched your topic and are using information from what you learned, remember to cite your sources in APA format.
Do not plagiarize.
You will not be able to edit your assignment once you post, so please proofread and spell check before hitting post!
As part of the assignment, you must also reply to ONE of your classmates with at least 200 words. You will have to POST FIRST to see your classmates’ postings. Make sure your replies are a thoughtful and relevant to what your classmate has posted. Try to build the discussion and keep it going.
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Advanced Probation and Parole
Student’s name
Institution affiliation
Date

Challenges faced by parolees and probationers
When an individual is placed on parole or probation, they encountered various challenges that have direct implications for practice and policy. These challenges may result in detrimental consequences ranging from probation revocation to increased cases of recidivism. Some of the challenges include, firstly, some parolees and probationers suffer harsh supervision regimes that lead them to violate the supervisory rules. Secondly, substance and drug abuse, despite their freedom being curtailed, for both probationers and parolees. Most of them still have access to drugs and alcohol, making their reentry and reintegration into society more complex. Thirdly, lack of access to basic amenities and services (Phelps, 2017). In most cases, navigation the supervision can be strict without access to health care services, stable housing, reliable housing, or unemployment due to the criminal records; without these resources, individuals tend to break the rules and leads to revocations after engaging in prohibitive behavior that has seen most parole and probation individuals get jail time for misdemeanors. Furthermore, parolees and probationers sometimes suffer unintended readjustment challenges, an exemplary instance of the difficulty in reobtaining their driver’s license, which is a collateral consequence.
Due process protections in probation revocation
When probationers are caught violating the provisions of the probations, they suffer the consequences by having their probation revoked, whereby they may suffer a prison sentence imposed. In almost all jurisdiction that adopts the parole and probation system, the power to revoke the probation is used if the client fails to live up to standards imposed by the administration bodies; however, there are procedures employed to ensure that revocation process is conducted in a just and fair manner (Olson, 2019). The rights of the courts established that there are requirements of the due process that must be fulfilled during the parole revocations. The use of the with statements ensures that the courts uphold the due process requirements for essence; the probationer has a right to receive a written statement submitted by fact-finders regarding the evidence used with regards to revoking the probation. Furthermore, the probationer goes for probation revocation hearings that are heard before court sentencing. In the case of Morrissey Brewer, the unanimous court held that during the renovation of the probation is not criminal persecution; thus, the whole panoply rights of the defendant are not applicable thus the due process mandate the courts to adhere to the rules established in the list of minimum due process which includes the disclosure of evidence, an opportunity to be heard in person and present of documentary evidence and witness, additionally, the defendant ha the right to conform ad cross-examines the witness (Reingold, 2017).
Ways in which parole and probation officers criminally and civilly held liable
During the performance of their duties, parole or probation officers can be held civilly or criminally liable for the actions that cause distress to the parolees or the probationers or third parties. There are several instances through which eh officers can be held liable; the courts have upheld the civil liability of parole and probation officers for any injuries to third parties caused by their clients due to the failure to provide the necessary standards of care during their duty. Civil liability is imposed for negligence claims due to the existence of a special relationship between the client and officer or officers’ actions being discretionally or mistrial (Phelps, 2017). Additionally, suppose the probation or parole officer is involved in the assault, extortion, or threatening of the client or his or her family. In that case, the officers will be held criminally liable under the federal or state criminal codes.
Furthermore, if an officer is held liable due to causing injury to the client will be sued in the civil court under the state tort law and, in extreme circumstances, suffers criminal liability for violating the individual civil rights. An example of a landmark case was the supreme court of Massachusetts in A.L v Commonwealth where the probation officer was used for negligence when the client molested a child. The parole and probation officers are responsible to the community and client to ensure that they prove appropriate and adequate supervision to their clients to avoid being sued for malpractice or negligence (Phelps, 2017).

References
Phelps, M. S., & Curry, C. (2017). Supervision in the community: Probation and parole. In Oxford Research Encyclopedia of Criminology and Criminal Justice.
Olson, D. E. (2019). Probation revocation. In Oxford Research Encyclopedia of Criminology and Criminal Justice.
Reingold, P. D., & Thomas, K. A. (2017). From Grace to Grids: Rethinking Due Process Protections for Parole.