Abstract
The paper discusses and explains in short main alternatives to incarceration. It outlines the difference between such phenomena as probation and parole, drawing special attention to the definition of “shock probation”.
Key words: incarceration, probation, parole.
Alternatives to Incarceration. Probation and Parole
Though incarceration is considered to be one of the most effective punishments for law offenders, in some cases it may prove to be too harsh, too expensive or even impossible. As a result, some not less efficacious alternatives can be offered. According to “Families against Mandatory Minimums” (2009) these are the following:
Drug courts, which will provide the necessary treatment to the lawbreakers with the given problem.
Mental health courts are similar to drug courts and organise for the offenders with mental disabilities special treatment programs.
Probation or community corrections. This alternative presupposes keeping the offenders within the community, but at the same time limiting their freedom to some extent.
Halfway houses, which may be used either after offenders have served their sentence or instead of prison, when the sentence is not very long.
Fines and restitution includes money payments which can be used as a separate punishment or as an additional one.
Home confinement, which presupposes constant staying at home with the exception of some other areas, such as work or court.
Community service, which requires an offender to do some kind of work without getting paid.
Restorative justice, which is a process of undoing harm caused by the lawbreakers to their victims.
Boot camps, which demand from offenders to be highly disciplined, do physical exercises, wear shortly-cut hair and uniforms, etc.
Public shaming, which is community humiliation.
As one of the alternatives to imprisonment, probation includes many additional conditions, such as seeing regularly a probation officer, staying at home during determined periods of time, community service, drug treatment, etc (Families against Mandatory Minimums, 2009). On the other hand, parole is “early release of a prisoner who is then subject to continued monitoring as well as compliance with certain terms and conditions for a specified period” (The Free Dictionary, 2012). As a rule, an offender can be released earlier due to good behaviour back in prison (The Free Dictionary, 2012).
Shock probation makes possible for lawbreakers to get probation after quite a short period served in prison. However, it is not considered to be a right of each convict, but rather a privilege, which can be granted on special occasions (USLegal, 2012). And, I think, shock probation is more effective than a traditional one, because offenders are still sent to prison and will be able to feel the difference between no having any freedom at all (as in prison) and having limited freedom (as on probation). This, probably, will make them appreciate probation more and sooner start non-criminal lifestyle.
References
Families against Mandatory Minimums (2009). Alternatives to Incarceration Fact Sheet. Retrieved from: < HYPERLINK "http://www.famm.org/repository/files/alternatives%20in%" http://www.famm.org/repository/files/alternatives%20in% 20a %20nutshell% 207.30.09% 5B1% 5Dfinal.pdf>
Parole. (2012). In The Free Dictionary online. Retrieved from: < http://www. thefree dictionary. com/ parole>
Shock Probation Law&Legal Definition. (2012). In USLegal online. Retrieved from:
ALTERNATIVES TO INCARCERATION. PROBATION …