SUSPENDED SENTENCES AND FREESTANDING PROBATION ORDERS IN U.S. GUIDELINES SYSTEMS: A SURVEY AND ASSESSMENT

Sentences to probation and other community-based sentences require backup sanctions to encourage compliance with the conditions of probation and respond to violations of those conditions. The most severe backup sanction in felony cases in the United States is revocation of release and commitment to...

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Bibliographic Details
Published in:Law and contemporary problems 2019-01, Vol.82 (1), p.51
Main Author: Frase, Richard S
Format: Article
Language:English
Subjects:
Compliance
Criminal sentences
Ex-convicts
Felony
Imprisonment
Laws, regulations and rules
Offenders
Offenses
Parole & probation
Polls & surveys
Prisons
Probation
Probation orders
Probation service
Revocation
Sanctions
States
Suspended sentences
Violations
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Summary:Sentences to probation and other community-based sentences require backup sanctions to encourage compliance with the conditions of probation and respond to violations of those conditions. The most severe backup sanction in felony cases in the United States is revocation of release and commitment to prison. But such revocations have been a major contributor to mass incarceration; moreover, such revocations can result in offenders whose crimes do not justify a prison sentence being sent to prison—the problem of “net-widening.” Legal systems have taken a variety of approaches in structuring backup sanctions for probation violations, particularly custodial sanctions. This article surveys and critiques two kinds of suspended prison sentences frequently used as backup sanctions in U.S. state and federal guidelines systems, and a third option that employs more limited custodial backup sanctions.
ISSN:0023-9186
1945-2322