If you have issues viewing or accessing this file contact us at NCJRS.gov. Are Probation and Parole Officers Liable for Injuries Caused by Probationers and Parolees? .................. Richard D. Sluder Rolando V. del Cannen The Influence of Probation Recommendations on Sentencing Decisions and Their Predictive Accuracy. .. Curtis Campbell Candace McCoy Chimezie A.B. Osigweh, Yg. Home Confinement and the Use of Electronic Monitoring With Federal Parolees . • . .. James L. Beck J ody Klein-Saffran Harold B. Wooten Twelve Steps to Sobriety: Probation Officers "Working the Program" .••... , .•••.....•............ Edward M. Read African-American Organized Crime, An Ignored lenon .. " 0 • ., ., 0 0, 101 ., 0 •• ~ 0 ., •••• Gil''' '" .. CI '1/ 0 •• ., 0 • • Freilerick T. Martens minary Development of the Probation Home Program: A Community-Based Model • . • . .. Chinita A. Heard , :'Ogram of Personal Development ates ., 0 Q ., 0 • 'II • It ., " ••• " ~ • ., • 0 • • .... 1:1 • " 0 oil ... 00 0 0 •• II' • • Michel Poirier Serge Brochu Charles Forget lent Error in Official Statistics: Rule Infraction Data . ••••.••..... Stephen C. Light Ale Prisoner in IrelaiHi, 1855·187g •••.• Ber)erly A. Smith ~ '" c_~=-~" ~~ ]] 127688- U.S. Department of Justice .127697 National Institute of Justice This document has been reproduced exactly as received from the person or organization originating iI. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official POllition or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by Federal Probation to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. ~j. ]1 ij11 Federal Probation A JOURNAL OF CORRECTIONAL PHILOSOPHY AND PRACTICE Published by the Administrative Office of the United States Courts VOLUME LIV DECEMBER 1990 i"i C J R 9wMBER 4 JAN 11 1991 • This Issue In Bri~{QUlSITiONS Are Probation and Parole Officers Liable ing in 12 Federa\...Pistr.icts;--''1-''''''''· ~ ... --:'-.1"' for Injuries Caused by Probationers and Twelve Steps to Sobriety: Probation Officers Parolees?-The number of offenders on probation "Working the Program."-Working with chemi­ and parole has risen; inevitably some offenders cally dependent offenders is indisputably a chal­ will commit other crimes during their terms of lenge of the new decade. Addiction treatment is supervision. A growing concern for probation and complex and, by its very nature, engenders phi- parole officers is whether they can be held civilly liable for injuries caused by probationers and parolees under their supervision. While case law CONTENTS in this area is still developing, there are enough cases to indicate when an officer might be held Are Probation and Parole Officers Liable for Injuries Caused by liable. Authors Richard D. Sluder and Rolando V. Probationers and Parolees? . .. Richard D. Sluder del Carmen provide a categorization of decided Rolando V. del Carmen 3 cases and sketch a broad outline of when officer The Influence of Probation Recommendations on Sentencing liability might ensue. Decisions and Their Predictive Accuracy . Curtis Campbell The Influence of Probation Recommenda­ Candace McCoy tions on Sentencing Decisions and Their Chimezie A.B. Osigweh, Yg. 13 Predictive Accuracy.-Using data on an serious Home Confinement and the Use of Electronic Monitoring With I d)) " 9 tJ cases concluded in 1 year in an Iowa judicial Federal Parolees ............... James L. Beck district, authors Curtis Campbell, Candace Mc­ Jody Klein~affran Coy, and Chimezie AB. Osigweh, Yg. explore the Harold B. Wooten 22 Twelve Steps to Sobriety: disjuncture between sentencing recommendations Probation Officers "Working made by the probation department and sentences the Program" ............... , Edward M. Read 34 actually imposed by judges. While probation per­ African·American Organized Crime, An Ignored /~7 {, 9 1 sonnel and the judiciary usually agreed on ap­ Phenomenon ...•......... Frederick T. Martens 43 propriate dispositions for first-time offenders, they The Preliminary Development of the Probation Mentol" Home strongly disagreed on recidivists' sentences. Proba­ Program: A Community·Based tion officers recommended incarceration for recidi­ Model .................... Chinita A. Heard 51 vists almost twice as often as judges imposed it. ECHO: Program of Personal Development for Inmates . .. Michel Poirier I;;; 7 (0 9.3 Home Confinement and the Use of Elec­ Serge Brochu tronic Monitoring With Federal Parolees.­ Charles Forget 57 Measurement Error in Official Authors James L. Beck, Jody Klein-Saffran, and Statistics: Prison Rule J~ 7{P'iiJ Harold B. Wooten evaluate a recent Federal Infraction Data ............. Stephen C. Light 63 initiative examining the feasibility of electronical­ The Female Prisoner in Ireland, 1855·1878 ..•...•......•..•. Beverly R. Smith 69/.;( 7~ 9.r ly monitoring Federal parolees. Although technical problems were experienced with the equipment, Departments 1:1 7,9& i the authors conclude that the project was an News of the Future ............•............. 82 97 effective way of enforcing a curfew and supervis­ Looking at the Law . 86 1~7 " i ing the offender in the community. The success of Reviews of Professional Periodicals ................ 92 Your Bookshelf on Review .................•... 105 the project has served as a foundation for expan­ It Has Come to Our Attention •.....•..•.....•.. 111 sion of home confinement with electronic monitor- Indexes of Articles and Book Reviews .........•... 113 1 J · African-American Organized Crime, An Ignored Phenomenon By FREDERICK T. MARTENS Past President, International Association for the Study of Organized Crime EW SUBJECTS evoke as much emotion 1969) at the other end. Within this definitional and mysticism as crime, and more par­ malaise lies what is best described by Moore F ticularly organized crime. We have been (1987) as "organizing assets"-criteria that is treated tu novels, autobiographies, and movies essential to organizing crime. For our purpose, it that continue to reinforce the ominous power and is better that we describe organized crime than influence of the Mafia-a group of Italians who define it, for definitions are relatively inexact, have been responsible, in part, for organizing perhaps too rigid, or more than likely far too crime in the United States and Italy. We have, ambiguous. What is perhaps more important is to on the other hand, ignored to a large extent the describe the assets (Moore, 1987) that organizing other ethniriracial groups that have been a part crime requires. of the organized crime landscape in America for Violence or the Fear Thereof. Criminal markets decades. Chin's recent book, Chinese Subculture require enforcement of rules, norms, and territo­ and Criminality (1990), Dubro and Kaplan's Yuk­ ries through agreement with competing groups. uza (1986), and Ianni's controversial Black Mafia Absent such agreements, or when these agree­ (1974) have attempted to fill this void. ments are violated, the market will become disor­ There is today a justifiable concern toward ganized. Violence will likely ensue in order to treating organized crime in ethnic/racial terms. organize the market. Equally as important, the Certainly, our experience with Italian-American fear of violence may be sufficient to organize the organized crime demonstrates how misleading and market (Reuter, 1982). What makes organized damaging such treatment can be and often is crime violence unique, however, is that it is selec­ (Martens & Niederer, 1985). Nonetheless, the tive, symbolic, and exacted for a distinct business paucity of solid, credible research into these other or protective purpose. forms of organized crime and their relationship to Access to Political Institutions. The ability to ethnicity/race is noticeable, particularly given the corrupt is essential to the "peaceful" organization growing evidence that significant changes have of crime. Public institutions, namely the police occurred in the underworld.l Repeatedly, law en­ and the courts, are often used by the more adept forcement officials have warned of "new" and racketeers to eliminate competition and exact emerging groups comprised of Vietnamese, Colom­ "tribute." Moreover, through corrupt relationships bians, and Chinese that are filling the void creat­ with the police, dissidents and rule breakers can ed by the incarceration and deaths of Cosa Nos­ be sanctioned by the more adept racketeers (Furs­ tra members (P.S.I., 1988). Noticeably absent is tenburg, 1976; Dintino, 1982; Faris, 1989). any credible discussion about African-American Control/Access of Financial Assets. Access to organized crime. This may of course suggest it financial institutions (e.g., banks, savings and does not exist, it is not recognized, or both. It loan associations, minority business grants, etc.) may also suggest that it is one topic that dare is another essential characteristic of an organized not be discussed, for fear of racism being attribut­ crime network. Those racketeers who can "lay ed to the discussants. The truth perhaps lies their hands" on cash are more likely to corner a somewhere in the middle, as is often the case. market than those who cannot. For example, the loanshark who can use the resources of a bank is The Ambiguity of Defining Organized Crime in a more advantageous position to exact market