There are 4 reasons why bail could be refused; if they believe the defendant will commit an offence while on bail, if they would interfere with any witnesses or the course of justice, if they need protection from anyone, and if they would surrender to bail. There are also factors to consider when granting bail such as; the seriousness and nature of the crime committed, the strength of the evidence against the person, the antecedents-family or social background and their previous bail record. The court and the police can impose conditions on bail and this is known as conditional bail. They have the power to impose a curfew - specified hours you are allowed, a report - to report to the police station regularly, reside - living at a certain address, surrender a passport and finally a
While on probation there are rules you will have to follow so you don’t violate your probation and end up in prison. Some of the rules are checking in with you PO, rehab programs if your case was drug related, and maybe community service. Some offenders can be released early on parole, and are also superviesed but by a Parole Officer. “Parole is designed to give the prisoner a chance to readjust and to expedite the process of rehabilitation.” (Free Dictionary) A parolee has to also check in with his Parole Officer and tell him of any travel plans ,adress changes and they are not suppose to be around any illegal activity. Just like probation if you violate your parole you can return to
If you were found guilty after a trial, you can appeal to the Crown Court against your conviction. However, if you pleaded guilty and were sentenced in the magistrates’ court you will not be able to appeal against your conviction, but you can still appeal against the length or nature of your sentence. In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full
It is services like this that help provide due process of law. These services ensure that a person accused of a crime is not unfairly deprived of his or her freedom. The due process does not only apply to people who are accused of crimes before being sentenced to prison, it also applies to people who are already incarcerated. If an inmate is in jeopardy of disciplinary action, which could lead to the
If we focus on these we can keep the convicts from relapse into their old ways, and truly be successful in community programs and rehabilitation. Restriction are important when you at probation and the community program. Restriction is need to reinforce the idea that their current freedom is a privilege, and at any given time when they make the decision to do the wrong thing it can be taken away. So
I believe that convicted felons should be allowed to vote upon release from prison because they exercise good judgment: in addition, withholding their rights to vote would be a violation of the United States Voting Rights act of 1965 and the eighth amendment of the Constitution. I think that some, but not all ex-convicts should be allowed to reinstate their voting rights. This should be judged on a case by case basis according to the crime they committed. Also, it should be based on the magnitude and severity of their crime. At the very least, they should attend and complete a special designed program, go through a waiting period, and take a drug-screened testing regularly before they get their privileges restored.
If someone gets places on community supervision, or probation, they are given a sentence which in turn becomes suspended. After the sentence becomes suspended, the defendant is allowed to be placed on probation in hopes of completing it successfully. If the person does not complete it successfully, then that suspended sentence will no longer be suspended, and that person will be required to go into jail or prison and complete their time. The United States has Parole available also. An offender will go and complete a certain amount of time of their prison term, and if they are or have been doing really good, and they have not had any negative issues arise while being incarcerated, then they would be a
One argument is that if the parole system was ended then violent offenders release would not be contested but be automatic at the end of a set period of time (Butterfield, 1999). When a person is set back or denied parole by the board because of their actions in prison, the crime they committed, or their lack of remorse for the crime a board can deny that parole. With that system gone that offender is pushed back on the streets without any checks to reoffend. In addition, judges have specified sentencing choices that have a range of different options that they can choose from. They are allowed some flexibility depending on the situation but this allows a sliding scale of punishment based on what the criminal did.
House arrest, as in the case of Martha Stewart in recent history, prevents the probationer from moving about freely in society but may allow for them to go to work (and continue paying taxes) and then return home immediately afterward. They may also be required to wear electronic monitoring devices. Shock incarceration is meant to introduce the convicted person to a prison atmosphere for a relatively short period of time in order to "shock" them into reality that it is not a place they want to return to. Following this brief incarceration, they may be offered probation to serve the remainder of their sentence. All of the above intermediate sanctions are aimed at rehabilitation without the need to serve time in prison, keeping families together and saving millions in taxpayer dollars.
This step is also used to hopefully help to rehabilitate an offender to give them another chance out in the public. Due process, or “Law of the land”, was intended to help the Criminal Justice System and uphold the United States Constitution. Due process says that you are innocent until proven guilty. I believe that it is necessary, but does not