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My review of Kris’ file matches Roberts. I concur with Roberts views on whether a Kris’ pre-sentence report predicts that he shall successfully complete. He considers the fact that Kris recently got married, has no history of probation as an adult and the fact the completed his probation successfully as an a juvenile. I concur with the yardsticks employed to arrive at the conclusion. Successful stints of probation in the past indicate that the candidate is committed to observing the rules of probation.
However, I disagree. I disagree with the recommendation that he should report bi-weekly. Kris has a stable family he is attached to, fixed abode, committed to work and desiring a prosperous future. Consequently, it is proper if he reports once every month. A profile for a perfect probation candidate should consider whether the candidate has a fixed place or residence, or a place where he has lived for more than 5 years. He should have a good rapport not only with his parents, but also with the surrounding community.
This ensures that the community will not stigmatize him which risks possibility for flight or relapse into the crime. Lastly, an employee or somebody who is dedicated to his work is likely to be financially stable and occupied to resort to crime. The strategy of matching inmates to prison facilities helps to implement the Eighth Amendment. The Amendment prohibits cruel and unusual punishment of prisoners while they are in prison. A prohibition of cruel and unusual punishment is a universal rule of constitutional law in United States (Fellman, 1957, p. 34). In essence, even after the prisoner is sentenced to jail, the constitutional rights under the eighth amendment applies to define conditions of treatment during the confinement period.
Any punishment that violates basic human rights is deemed cruel and inhuman. Matching inmates to prison facilities ensures compliance with the eighth amendment. It ensures that there is balance and proportionality between the programs needs and the level of security. Prisons differ in terms of the level of security and facilities available.
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