Answer to Question 1
Several steps are necessary to improve probation effectiveness. More financial resources must be provided to implement quality programming for appropriate probation target groups. The credibility of probation with the public and the judiciary must be improved. More innovative probations in probation across the nation need to be implemented. Probation must also be a priority research topic in order to identify proven methods of reducing offender recidivism.
Answer to Question 2
A violation of the terms or probation or committing a new crime can result in the revocation of probation. Revocation because of a rule violation is known as a technical violation. Violations of probation have led to an increase in offenders being returned to prison. This is contributing to the increase in the costs of corrections. Revocation is not an easy decision. The probation officer is notified of the violation and a formal hearing is scheduled. There are certain procedural due process rights at this hearing. In Mempha v. Rhay, the court reversed the probationer's revocation because he did not have counsel at his revocation hearing. In Gagnon v. Scarpelli, the Court held that both probationers and parolees have a limited right to counsel in revocation hearings. Here, it was determined that the probationers must be provided with counsel to ensure equal protection. In Bearden v. Georgia, the court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine and make restitution, unless the probationer is responsible for this failure. In Unites States v. Granderson, the Court ruled that it would be unfair to force a probationer to serve more time in prison as a result of a revocation of probation than one would have if originally incarcerated.
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