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Preface | |
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About the Authors | |
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Overview of Community Corrections | |
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The State of Corrections Today: Why Community Corrections Is Important | |
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The Correctional Dilemma | |
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Change in Sentencing Laws | |
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The Toughening of Juvenile Justice | |
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The Paradox | |
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Public Perceptions of Community Corrections | |
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Correctional Budgets | |
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The Role of Corrections at Three Major Decision Points | |
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Pretrial and the Bail Decision | |
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Sentencing Decision | |
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Reentry Decision | |
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How Community Corrections Fits Correctional Goals | |
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Protection of the Public | |
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Rehabilitation | |
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Community Reintegration | |
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Restorative or Community Justice | |
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Public Shaming as Punishment | |
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What You Should Know about Evaluations of Community-Based Corrections | |
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What Works? | |
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How Is Effectiveness Measured? | |
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Other Outcome Measures for Evaluation | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Pretrial Release and Diversion | |
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Introduction | |
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Pretrial Services | |
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The Pretrial Release Decision | |
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History of Pretrial Release | |
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The Least Restrictive Option | |
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Types of Bonds | |
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Characteristics of Pretrial Releasees | |
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Pretrial Supervision | |
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Failure to Appear | |
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Reducing Failure to Appear Rates | |
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Diversion | |
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Candidates for Diversion | |
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Drug Courts | |
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Assumptions of Drug Courts | |
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Gender and Drug Court Treatment Strategies | |
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Evaluating Drug Courts | |
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Mental Health Courts | |
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Criticisms of Diversion Programs | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Sentencing and the Presentence Investigation Report | |
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Introduction | |
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Factors That Affect Granting a Community Sentence | |
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Eligibility for Community Corrections | |
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Conditions of Probation Fixed by Statute | |
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Availability and Quality of Intermediate Sanctions and Other Community-based Services | |
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Other Factors | |
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Sentencing Guidelines | |
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Voluntary Sentencing Guidelines | |
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Punishment Units | |
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Sentencing Commissions | |
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Conditions of Community Corrections | |
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Standard Conditions | |
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Special Conditions | |
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Limitations of Special Conditions | |
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Supervision Conditions Must Be Constitutional | |
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First Amendment Rights | |
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Searches and Seizures | |
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The Privilege Against Self-Incrimination | |
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The Presentence Investigation Report | |
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Purposes of the PSI Report | |
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Contents of the PSI Report | |
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Offender-Based PSI Reports | |
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Offense-Based PSI Reports | |
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Preparing the PSI Report | |
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The Initial Interview | |
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Investigation and Verification | |
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The Evaluative Summary | |
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The Sentence Recommendation | |
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Legal Issues Concerning the Presentence Report | |
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Disclosure of the PSI Report | |
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Inaccuracies in the PSI Report | |
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Hearsay in the PSI Report | |
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Does the Exclusionary Rule Apply? | |
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Miranda Warnings and the PSI Interview | |
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Right to a Lawyer during the PSI Interview | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Probation Conditions | |
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Probation | |
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History of Probation | |
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Introduction | |
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Precursors to American Probation | |
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Recognizance and Suspended Sentence | |
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Two Kinds of Suspended Sentence | |
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The Power to Suspend Sentence | |
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Early Probation | |
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The Role of Volunteers and the Settlement Movement | |
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Development of Federal Probation | |
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History of Juvenile Probation and Female Probation Officers | |
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Early Probation Legislation in Other States | |
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Changing Concepts of Supervision | |
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The Casework Era: 1900-1970 | |
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Brokerage of Services Era: 1970-1980 | |
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Community Resource Management Team | |
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Justice Model of Supervision: 1980-1995 | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Probation Officer Issues | |
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Introduction | |
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Organization of Probation Services | |
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Arguments for and Against State or Executive Branch Administration | |
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Community Corrections Acts | |
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A Typology of Probation Officer Work Styles | |
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Selection and Appointment of Probation Officers | |
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Appointment System | |
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Merit System | |
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Combined System | |
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Officer Qualifications, Training, and Salary | |
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Education and Experience | |
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Adult Preservice Training | |
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Juvenile Preservice and Orientation Training | |
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In-Service Training | |
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Officer Salary | |
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Firearms Policies for Probation and Parole Officers | |
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Probation Officer Job Stress | |
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Sources of Stress | |
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Decreasing Stress: Types of Immunity | |
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Absolute Immunity | |
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Oualified Immunity | |
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Private Probation | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Classification and Supervision in Probation and Parole | |
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Introduction | |
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Neighborhood-Based Probation Supervision | |
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The Surveillance Function in Supervision | |
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Developing Prosocial Behaviors | |
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Building on Assets and Strengths | |
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Employment Services | |
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Using Informal Social Controls | |
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Classification: The First Step in Supervision | |
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Actuarial Risk Assessment | |
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Identifying Treatment Needs | |
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Developing the Case Plan | |
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Levels of Supervision | |
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Caseload and Workload Standards | |
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Specialized Caseloads | |
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Supervising Offenders Who Are Mentally Ill | |
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Supervising Offenders Who Have Abused Drugs and Alcohol | |
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Gender-Responsive Strategies | |
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Supervising Sex Offenders | |
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Polygraph Tests | |
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Global Positioning Systems | |
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Interstate Compacts on Probation | |
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New Interstate Compact for Adult Offender Supervision | |
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Revocation and the Interstate Compact | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Probation Modification and Termination | |
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Introduction | |
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Modifying Probation Conditions | |
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Early Termination of Probation | |
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Modifying Conditions before the Revocation Decision | |
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The Decision to Revoke | |
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Types of Probation Violations | |
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Law Violations | |
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Technical Violations | |
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Probation Absconders | |
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Revocation Procedure | |
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The Power to Arrest Probationers | |
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Time on Probation or Parole Is Usually Not Credited if Revoked | |
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Revocation Rights of Probationers and Parolees | |
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Gagnon v. Scarpelli-The Facts | |
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The Right to a Hearing | |
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The Right to a Lawyer | |
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Level of Proof and Evidence Required | |
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Other Revocation Situations | |
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Revocation for an Inability to Pay? | |
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Juvenile Probation Revocation | |
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Revocation After Probation Term Expires | |
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Probation Effectiveness | |
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Probation Recidivism Rates | |
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Who Is More Likely to Succeed or Fail on Probation? | |
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Probationers Compared with Parolees | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Intermediate Sanctions | |
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Residential Intermediate Sanctions | |
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Introduction | |
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Residential Community Corrections Facilities | |
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Halfway Houses | |
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History of Halfway Houses in the United States | |
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Program Components | |
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Levels System: A Form of Behavior Modification | |
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Worker Perspectives and Role Orientation | |
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Punishment and Treatment Role Orientations | |
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Evaluations of RCCFs | |
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Shock Incarceration | |
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Correctional Boot Camps | |
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Prison Boot Camps: The Case of New York State | |
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Probation Boot Camps | |
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Offender Perspectives | |
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Criticisms of Boot Camps | |
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Evaluations of Boot Camp Programs | |
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Eight Site Study | |
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Attitude and Behavoral Change | |
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Reduction of Crowding and Costs | |
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The Future of Shock Incarceration Programs | |
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Other Types of Residential Community Corrections Facilities | |
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Restitution Centers | |
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Minnesota Restitution | |
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Georgia Community Diversion Center | |
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Therapeutic Communities | |
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The Therapeutic Community Environment | |
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Challenges of the TC | |
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Types and Uses of Therapeutic Communities | |
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Evaluations of Therapeutic Communities | |
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Work Release and Work Ethic Camps | |
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Work Ethic Camp | |
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Combined Work Release and Therapeutic Community | |
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Women Offenders Living with Their Children | |
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John P. Craine House | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Nonresidential Intermediate Sanctions | |
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Introduction | |
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Intensive Supervision Probation | |
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ISP Caseloads | |
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Attitudes toward ISP | |
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Evaluations of ISP | |
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Reduction of Prison Beds | |
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Cost-Benefit Analyses | |
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Treatment Participation | |
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Summary of ISP Evaluations | |
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House Arrest | |
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Purposes of Home Detention | |
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Criticisms of House Arrest | |
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Effectiveness of House Arrest | |
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House Arrest Versus Residential Community Corrections Facilities | |
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Pretrial Detainees | |
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Electronic Monitoring and Global Positioning Systems | |
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History of Electronic Monitoring | |
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Problems of Early EM Programs | |
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Remote Location Monitoring | |
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Officer Carries a Portable Receiver | |
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Global Positioning Systems | |
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Frequency of Use | |
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Attitudes toward EM | |
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Attitudes of EM Participants | |
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Citizen Attitudes | |
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Empirical Evaluations of Home-Based Electronic Monitoring | |
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Long-Term Effects | |
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Completion Rates | |
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Gender Differences | |
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Day Reporting Centers | |
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Purposes of DRCs | |
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Treatment-Oriented versus Supervision-Oriented DRCs | |
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Evaluations of DRCs | |
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Completion Rates | |
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Rate of Rearrest | |
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Predictors of DRC Failure | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Economic and Restorative Justice Reparations | |
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Introduction | |
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Restorative Justice Principles | |
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Forms of Restorative Justice | |
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Victim-Offender Mediation | |
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Reparation Boards | |
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Family Group Conferencing | |
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Circle Sentencing | |
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Effectiveness of Restorative Justice Methods | |
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Restitution | |
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Restitution in History | |
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Losses Eligible for Compensation | |
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Problems Associated with Restitution | |
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Indigent Offenders | |
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Determining the Restitution Amount | |
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Collecting Restitution | |
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Increasing Restitution Collection Rates | |
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Effectiveness of Restitution | |
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Victim and Public Views Toward Restitution | |
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Community Service | |
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History of Community Service | |
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The English Model | |
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Purpose of Community Service | |
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Prevalence of Community Service | |
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Effectiveness of Community Service | |
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Fines | |
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Prevalence of Fines | |
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Revoking Probation for Fine Nonpayment | |
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Forfeitures | |
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Day Fines | |
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Evaluation of Day Fines | |
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Fees and Costs | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Prisoner Reentry | |
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The History of Parole: From Its Origin to the Present | |
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Introduction | |
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The Origins of Parole | |
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Manuel Montesinos | |
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Georg Michael Obermaier | |
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Alexander Maconochie | |
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Transportation of English Prisoners to America | |
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Transportation of English Prisoners to Australia | |
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Marks System | |
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Norfolk Island | |
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Sir Walter Crofton and the Irish System | |
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Development of Parole in the United States | |
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Reward for Good Conduct | |
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Postrelease Supervision | |
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Zebulon R. Brockway and the Indeterminate Sentence | |
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Reducing the Cost of Incarceration | |
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The Medical Model: 1930-1960 | |
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Changing Public Opinion | |
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A Philosophical Change | |
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Origins of Modern Determinate Sentencing | |
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The Justice Model | |
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Changing of the Guard: From Discretionary Parole to Mandatory Release | |
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Parole Today | |
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Characteristics of Parolees | |
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Functions of Parole | |
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Prison Population Control | |
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Medical Parole | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Preparing for Prisoner Reentry: Discretionary Parole and Mandatory Release | |
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Introduction | |
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Issues in Reentry | |
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The Prisoner's Family | |
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The Victim's Role in Reentry | |
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Reentry and the Community | |
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Community-Based Reentry Initiatives | |
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Reentry Courts | |
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Types of Reentry | |
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Eligibility for Parole | |
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Time Sheets and Eligibility Dates | |
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Prerelease Preparation within the Institution | |
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The Parole Board | |
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Term and Qualifications of the Parole Board | |
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The Parole Hearing | |
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Number of Parole Board Members | |
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Recommendations and Attendees | |
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Victim Participation in Parole Hearings | |
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Models of Parole Release Decisions | |
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The Surveillance Model | |
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The Procedural Justice Model | |
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The Risk Prediction Model | |
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Due Process During Discretionary Parole Hearings | |
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Menechino v. Oswald | |
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Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex | |
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State-Created Liberty Interest | |
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Extending the Time Intervals between Parole Hearings | |
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Prisoners' Perceptions of Parole Selection | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Parole Conditions and Revocation | |
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Introduction | |
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Prisoner Perspectives on Getting Out | |
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California Study | |
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Iowa Study | |
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The Field Parole Officer | |
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The Officer's Perspective | |
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Conditions of Parole | |
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Legal Issues in Parole Conditions | |
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Limited Parolee Rights | |
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First Amendment Rights | |
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Fourth Amendment Rights | |
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Violating Parole | |
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Warrants and Citations | |
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Due Process Rights under "Preparole" | |
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Characteristics of Parole Violators | |
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Parole Revocation Rate | |
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Reasons for Revocation | |
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Why Have Revocation Rates Increased? | |
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Attitudes on Revocation | |
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Parole Absconders | |
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Why Do Parolees Leave? | |
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Type I Absconders: Benign | |
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Type II Absconders: Menace to Society | |
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Locating and Apprehending Fugitives | |
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Predicting Absconding Behavior | |
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Parole Effectiveness | |
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Recidivism Studies | |
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Predicting Parole Outcomes | |
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Gender Differences | |
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Number of Prior Arrests | |
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Supervision Versus No Supervision | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Special Issues in Community Corrections | |
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Juvenile Justice, Probation, and Parole | |
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Introduction | |
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Background and History | |
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Mens Rea and Juveniles | |
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Parens Patriae and Its Decline | |
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Juvenile Justice and Adult Justice Systems Compared | |
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Differences | |
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Reality | |
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Juvenile Courts | |
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Created in the U.S.A. | |
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Jurisdiction of Juvenile Courts | |
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Based on Age | |
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Based on Acts Committed | |
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Differences from Adult Courts | |
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Transfer from Juvenile Courts to Adult Courts | |
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An Overview of the Juvenile Justice Process | |
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Procedure before Adjudication | |
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The Intake Stage | |
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The Adjudication Stage | |
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The Disposition Stage | |
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Blended Sentences | |
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Release from an Institution | |
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In Re Gault: The Most Important Juvenile Justice Case | |
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Juvenile Probation | |
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Origin | |
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Conditions of Probation | |
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Judges Have Much Discretion | |
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Types of Conditions | |
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Supervision | |
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Juvenile Probation Officers | |
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Intensive Supervision Probation | |
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School-Based Probation | |
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Fare v. Michael C.: An Important Case in Juvenile Probation Supervision | |
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The Probation Record of Juveniles | |
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Juvenile Parole (Or Aftercare) | |
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Background | |
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Similarities with Probation | |
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Differences from Probation | |
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Parole Boards | |
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Responsibilities of Juvenile Parole Officers | |
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Evaluating Juvenile Parole Programs | |
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Revocation of Juvenile Probation or Parole | |
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No Standards for Revocation | |
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Result of Revocation | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study Exercise | |
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Collateral Consequences of Conviction, Pardon, and Restoration of Rights | |
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Introduction | |
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Civil and Political Rights Defined | |
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Background of Civil Disabilities | |
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Civil Disabilities Today | |
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Differences by State | |
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Other Differences | |
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Civil and Political Rights Affected By Conviction | |
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Loss of Right to Vote | |
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Loss of Right to Serve on a Jury | |
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Loss of Credibility As a Witness 343 Loss of the Right to Hold Public Office | |
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Employment-Related Rights | |
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Public Employment | |
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Private Employment | |
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Right to an Occupational License | |
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Loss of Capacity to be Bonded | |
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Loss of Good Moral Character | |
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Loss of Right to Own or Possess a Firearm | |
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Loss of Welfare Benefits | |
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Loss of Parental Rights | |
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Problems with Civil Disability Laws | |
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Other Effects of Conviction | |
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Sex Offender Registration Laws | |
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Sex Offender Notification Laws | |
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Involuntary Commitment of Sexual Predators | |
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Social Stigmatization | |
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Pardon | |
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Definition and Purpose | |
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The Power to Pardon | |
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Kinds of Pardon | |
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Procedure for Obtaining a Pardon | |
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Legal Effects of a Pardon | |
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Effects of a Pardon on Occupational Licensing | |
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Restoration of Rights | |
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Restoration upon Application | |
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Automatic Restoration | |
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Restoring the Right to Vote | |
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Restoring Good Moral Character | |
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Expungement of Criminal Records | |
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Sealing of Criminal Records | |
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Top Things You Should Know | |
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Discussion Questions | |
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Websites | |
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Case Study | |
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Glossary | |
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References | |
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Table of Cases | |
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Name Index | |
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Subject Index | |