Past criminal history can be an element of recidivism, but it is not the only one. Economic situation is a huge element. Consider that in the US a perspective employer can face prison time if he discriminates against an applicant on the basis of race, religion, gender, gender specificity, gender preference, age, weight, and a variety of other minutia, but there is no prohibition against discriminating against someone due to a previous conviction. In fact the federal and state governments practice it themselves, despite lack of evidence proving or even implying that the previously convicted are any less qualified or any greater danger.
In preparation for the coming debate (which by the way is a violation of WikiAnswers rules), recidivism is a trackable phenomenon. So are initial convictions. There are currently 2.5 million people incarcerated in the US, there are more than 25 million with previous felony convictions, this is almost ten percent of the US population. Fewer than half of the convictions in the US are the result of repeat offenses--the majority of convictions in the US are first time convictions. How then are people protected from all of those dangerous felons by discriminating against them? One cannot discriminate against a felon who is not yet a felon. Likewise, one cannot protect against a felon who is not yet a felon.
Back to the original question: those who have no previous history of criminal behavior have no reason to be on probation, so those who fail on probation invariably have a prior history of felony conviction.
Previous incarceration
An alternative to incarceration could be community service, probation, electronic monitoring, or substance abuse treatment programs. These alternatives aim to address the underlying issues that led to criminal behavior while allowing individuals to remain in their communities.
Probation is a sentence, which is part of the criminal justice process. It can be ordered as part of or instead of incarceration. Probation is a type of sentence that is given by a judge that orders a defendant to remain free and at liberty without further arrest and to abide by certain standard and/or special terms and conditions while under the supervision of the Government's probation department for a period of time. Upon successful completion of the probation, which may include some incarceration, the sentence is forever discharged. If the probation is not successfully completed the defendant is subject to incarceration for the amount of time given to a person had the probation never been imposed. If the probationer served some time in jail then credit would be given toward the final incarceration.
You would answer, "Yes." Supervision is your punishment, or sentence, for having been convicted. If you were not convicted, there would be no punishment at all. Your punishment could have taken the form of unsupervised probation, supervised probation, incarceration, restrictions, or fines or any combination the judge chooses.
Subsequent incarceration refers to the imprisonment of an individual after they have already served time for a previous offense. This can occur when a person reoffends or violates the terms of their parole or probation. It highlights a cycle of criminal behavior and legal consequences, often influenced by various social, economic, and psychological factors.
Death Penalty Incarceration House Arrest Probation Restitution Fines
affirmative. she forfieted her probabtion so will more than likely now serve her probation in supervised environment.
Probation serves as an alternative to incarceration, allowing offenders to remain in the community while adhering to specific conditions set by the court. This approach can alleviate overcrowding in prisons and reduce costs associated with incarceration. Additionally, probation emphasizes rehabilitation and reintegration, potentially lowering recidivism rates by providing support and monitoring. However, it also requires effective supervision and resources to ensure compliance and address any underlying issues contributing to criminal behavior.
Yes, you can be violated on probation for an inactive criminal case if the behavior associated with that case is deemed to violate the terms of your probation. Probation conditions often require individuals to avoid any illegal activities, and if new charges arise, even if the case is inactive, they could impact your probation status. Additionally, the probation officer and the court may consider any new criminal behavior when determining compliance with probation. Always consult with a legal professional for specific advice regarding your situation.
can include fines, community service, probation, or incarceration depending on the seriousness of the crime and the individual's criminal history. The purpose of the sentence is to provide consequences for the unlawful behavior and to rehabilitate or deter future criminal activity.
If the question is about court sentences in criminal law, probation is a period of non-incarceration that either follows or takes the place of a jail or prison sentence. Probation, like parole, comes with stipulations and restrictions as a result of a guilty verdict or its equivalent.
If you are caught with 2g of marijuana while on probation, you could face consequences such as having your probation revoked, facing additional criminal charges, and potentially being sent to jail. It is important to comply with the terms of your probation to avoid further legal complications.