NCJ Number
55414
Journal
OFFENDER REHABILITATION Volume: 3 Issue: 2 Dated: (WINTER 1978) Pages: 123-132
Date Published
1979
Length
10 pages
Annotation
FACTORS INFLUENCING JUDICIAL DECISIONS TO GRANT EARLY RELEASE TO INCARCERATED OFFENDERS IN OHIO ARE EXAMINED IN A STUDY OF 244 SHOCK PROBATION PETITIONERS IN AN URBAN COUNTY DURING 1975.
Abstract
IN OHIO, SHOCK PROBATION IS A PROGRAM OF JUDICIAL RECONSIDERATION, IN WHICH OFFENDERS WHO HAVE BEEN SENTENCED TO PRISON MAY PETITION TO BE RELEASED EARLY, UNDER THE SUPERVISION OF THE PROBATION DEPARTMENT. PREVIOUS STUDIES HAVE INDICATED THAT RACE IS THE PRIMARY FACTOR INFLUENCING THE JUDICIAL DECISION TO GRANT EARLY RELEASE. UNLIKE PREVIOUS STUDIES, THE PRESENT ANALYSIS COMPARES SHOCK PROBATION PETITIONERS WHO WERE GRANTED RELEASE WITH PETITIONERS WHO WERE NOT. THE ANALYSIS SHOWS THAT THE RECOMMENDATION OF THE PROBATION OFFICER IS THE MOST IMPORTANT INFLUENCE ON THE JUDICIAL DECISION. RACE APPEARS NOT TO BE A FACTOR: 58 OF 139 WHITE PETITIONERS AND 34 OF 104 NONWHITES WERE GRANTED RELEASE. AMONG OFFENDERS WHO WERE NOT FAVORABLY RECOMMENDED BY THE PROBATION OFFICER, THOSE WITH NO PRIOR RECORD WERE MORE LIKELY TO BE GRANTED RELEASE THAN THOSE WITH A RECORD. AMONG OFFENDERS WHO RECEIVED A FAVORABLE RECOMMENDATION, THOSE WHO COMMITTED CRIMES AGAINST THE PERSON WERE RELEASED AT A HIGHER RATE THAN WERE PROPERTY OFFENDERS. ABSENCE OF A CRIMINAL RECORD AND PRESENCE OF DEPENDENTS INFLUENCED THE JUDICIAL DECISION TO RELEASE OFFENDERS WHO HAD COMMITTED PERSONAL CRIMES. AMONG PROPERTY OFFENDERS, FEMALES WERE TWICE AS LIKELY AS MALES TO BE RELEASED, AND OLDER MALES WERE MORE LIKELY THAN YOUNGER MALES TO BE RELEASED. SUPPORTING DATA, A LIST OF REFERENCES, AND A FLOW CHART DEPICTING THE SHOCK PROBATION PROCESS ARE INCLUDED. (LKM)