NCJ Number
117402
Journal
Judges' Journal Volume: 28 Issue: 1 Dated: (Winter 1989) Pages: 10-15
Date Published
1989
Length
6 pages
Annotation
Judges should grant credit for any positive performance on probation when sentencing probation violators to periods of incarceration, but they often do not use this approach.
Abstract
Instead, they may sentence the probation violator to the period of incarceration originally permitted by the offense involved, ignoring any positive behavior by the probationer. Alternatively, they may ignore behavior warranting punishment. These results occur because the criminal justice community has not developed seriousness measures for different types of probation violations. In addition, judges are not required to study or take account of the positive behavior and contributions probationers may have made while failing other areas of their probation. A hypothetical case illustrates this point. The defendant's probation conditions include inpatient treatment for substance abuse, outpatient treatment, daily attendance at support group meetings, random urine and alcohol testing, weekend house arrest, community service, and restitution. A probationer who meets most of these conditions but who completes only part of the house arrest and community service should receive a shortened jail sentence that reflects the successful completion of part of the probation conditions. This term has been called 'tourniquet sentencing' because it allows increasing sanctions for further violations. 4 references.