Community sentence in the context of "Probation"

⭐ In the context of probation, a community sentence is considered…

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⭐ Core Definition: Community sentence

Community sentence or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death).

Traditionally, the theory of retributive justice is based on the ideas of retaliation (punishment), which is valuable in itself, and also provides deterrent. Before the police, sentences of execution or imprisonment were thought pretty efficient at this, while at the same time removing the threat criminals pose to the public (protection). Alternative sentences add to these goals, trying to reform the offender (rehabilitation), and put right what they did (reparation).

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👉 Community sentence in the context of Probation

Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. Additionally, offenders can be subject to refraining from the use or possession of alcohol and other drugs and may be ordered to submit to alcohol/drug tests or participate in alcohol/drug psychological treatment. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their movement to officials. Some courts permit defendants of limited means to perform community service in order to pay off their probation fines.

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Community sentence in the context of Convict

A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convicts, especially those recently released from prison, is "ex-con" ("ex-convict"). Persons convicted and sentenced to non-custodial sentences tend not to be described as "convicts".

The label of "ex-convict" usually has lifelong implications, such as social stigma or reduced opportunities for employment. The federal government of Australia, for instance, will not, in general, employ an ex-convict, while some state and territory governments may limit the time for or before which a former convict may be employed.

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