Friday, April 1, 2011

What Are The Qualifications For Shock Probation







What Are the Qualifications for Shock Probation?


Going to prison can be a shocking prospect for the first-timer. Many of those faced with prison for the first time might be shocked into mending their unlawful ways, unless they get too ingrained in the institutionalism of the facility. If they adapt too much to prison culture, inmates might develop a certain resistance to rehabilitation. Shock probation seeks to prevent that from happening.


Definition


The main purpose of shock probation is first to shock the individual being sentenced into changing his life. In some ways, it might be best to call it shock imprisonment because that is where the shocking portion comes into play. The probation part happens later. The jail sentence might last a matter of a few days to several weeks, depending on the situation.


Qualifications


As with any privilege, there will be certain conditions that make an offender eligible or ineligible for this sentence. Conditions vary by state and only a few states practice shock probation. Generally, the program is for first-time offenders who commit mainly nonviolent crimes.


Considerations


The judge might choose a shock probation sentence when extended jail time would be too harsh and a mere sentence of probation could be too lenient. Shock probation offers a middle ground where the judge can justify a lighter jail sentence yet have justifiable reasons for doing so.


Benefits


For the offender, the benefits are numerous. First, shock probation offers one of the best and cheapest opportunities for rehabilitation. Second, it gives the offender a taste of what another conviction could be like. For governments, the program will likely save money by reducing the number of inmates.


Misconceptions


Shock probation is not a way to get off the hook, although some critics might spin it as such. Rather, offenders are subject to the same types of benchmarks as everyone else on probation. Those who fail to meet the conditions of their probation will likely find themselves serving a much longer jail sentence than their first period of incarceration.


Potential


As more states look to cut budgets and find a more effective way to rehabilitate offenders, shock probation could become a method of choice. Though judges will ultimately make the final decision on the disposition of any offender, this offers courts another tool for punishment.


The Controversy








Some say shock probation is not appropriate for situations where poor judgment is shown with a controlled substance, such as drugs or alcohol. Debate in Kentucky has centered around whether those who kill someone while driving drunk should be eligible for the program.

Tags: shock probation, jail sentence, probation could, probation offers, Qualifications Shock