结束大规模缓刑:量刑、监督和撤销

4区 法学 Q1 Social Sciences
M. Phelps
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引用次数: 21

摘要

摘要:美国的高监禁率引起了学者、政策制定者和公众的广泛关注。然而,米歇尔·菲尔普斯写道,刑事司法监督最常见的形式不是监禁,而是缓刑——这对青少年和成年人都是一样的。菲尔普斯写道,缓刑最初是作为监禁的一种替代方案而推广的,它可以使有前途的个人免受收容机构的摧残。但相反,它经常起到扩大监管范围的作用,将正式监管扩大到低级别案件。她指出,与大规模监禁一样,大规模缓刑也存在深刻的种族和阶级差异,可能对穷人和少数族裔社区造成毁灭性的后果。在她的评论中,菲尔普斯涵盖了缓刑监督的三个方面——谁被判缓刑,他们经历了什么,缓刑何时以及为什么被撤销(即,当缓刑犯因违反监督条款而被送进监狱或监狱时)。然后,她针对这三个阶段分别提出了政策建议,以减少大规模缓刑的危害。这些措施包括缩减缓刑的使用,为缓刑犯提供更有意义的帮助,以改善他们的生活,以及提高撤销缓刑的门槛。她写道,虽然缓刑改革可能不是万灵药,但它可以缩小我们刑事司法系统的规模,缓和其有害影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Ending Mass Probation: Sentencing, Supervision, and Revocation
Summary:The United States' high incarceration rate gets a lot of attention from scholars, policy makers, and the public. Yet, writes Michelle Phelps, the most common form of criminal justice supervision is not imprisonment but probation—and thats just as true for juveniles as for adults.Probation was originally promoted as an alternative to imprisonment that would spare promising individuals from the ravages of institutionalization, Phelps writes. But instead, it often serves as a net-widener, expanding formal supervision to low-level cases. Like mass incarceration, she demonstrates, mass probation is marked by deep racial and class disparities, and it can have devastating consequences for poor and minority communities.In her review, Phelps covers three aspects of probation supervision—who is sentenced to probation, what they experience, and when and why probation is revoked (that is, when probationers are sent to jail or prison for violating the terms of supervision). She then presents policy recommendations for each of these three stages that could reduce the harms of mass probation. They include scaling back the use of probation, offering probationers more meaningful help to improve their lives, and raising the bar for revoking probation. Though probation reform may not be a cure-all, she writes, it could reduce the scale of our criminal justice system and temper its detrimental effects.
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来源期刊
Future of Children
Future of Children Multiple-
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期刊介绍: The Future of Children is a collaboration of the Woodrow Wilson School of Public and International Affairs at Princeton University and the Brookings Institution. The mission of The Future of Children is to translate the best social science research about children and youth into information that is useful to policymakers, practitioners, grant-makers, advocates, the media, and students of public policy. The project publishes two journals and policy briefs each year, and provides various short summaries of our work. Topics range widely -- from income policy to family issues to education and health – with children’s policy as the unifying element. The senior editorial team is diverse, representing two institutions and multiple disciplines.
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