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The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State
Loaded on Oct. 1, 2024
by Casey Bastian
published in Criminal Legal News
October, 2024, page 1
Filed under:
Probation, Parole & Supervised Release,
Supervised Release - Conditions of.
Location:
United States of America.
by Casey J. Bastian
Nationwide, on any given day, more people are on probation than in prisons and jails and on parole combined. —The Pew Institute
The concept of probation began with one Massachusetts man circa 1841. Motivated to assist the less fortunate, he’d post bail and …
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More from this issue:
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, by Casey Bastian
- California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, by Douglas Ankney
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, by David Reutter
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, by Anthony Accurso
- Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, by Sam Rutherford
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him, by Sam Rutherford
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, by Douglas Ankney
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, by Sam Rutherford
- Cops Want to Use DNA for Facial Recognition, by Michael Thompson
- Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars, by Anthony Accurso
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, by Jo Ellen Nott
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, by Matthew Clarke
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, by Douglas Ankney
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, by Dale Chappell
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, by Sam Rutherford
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, by Matthew Clarke
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, by Matthew Clarke
- Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, by Jo Ellen Nott
- Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes, by Sam Rutherford
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, by Sam Rutherford
- News in Brief
More from Casey Bastian:
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, Oct. 1, 2024
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024
- The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death, July 15, 2024
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
More from these topics:
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025. Supervised Release - Imposition of New Term, Statutory Construction/Interpretation, Probation, Parole & Supervised Release.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- Washington Appellate Court: Personal Restraint Petition Proper Vehicle to Challenge Community Supervision, June 1, 2025. Conditions of, Supervised Release - Conditions of, Long-term Bans, Unreasonable Conditions.
- Rash of 5,000 False-Positive Prisoner Drug Tests Going to California Parole Board Anyway, June 1, 2025. Drug Testing, Probation, Parole & Supervised Release.
- Maryland Reforms Offer Second Chances on Expungement and Parole, May 15, 2025. Prior Convictions - Expungement or Reversal of, Probation, Parole & Supervised Release, Second Chance Act of 2008.
