Definition of Shock Probation

Overview of shock probation.

Shock probation is a sentencing alternative available in most jurisdictions in the United States. Courts on the federal, state and local levels utilize shock probation as a sentencing alternative in certain criminal cases. The laws or ordinances of these jurisdictions establish how shock probation works and who qualifies for that type of sentence.

Features

Shock probation involves sentencing a convicted criminal defendant to a short period of time in a correctional facility and then placing him on more traditional probation. The typical amount of time spent in a correctional facility varies from jurisdiction to jurisdiction and case to case. A typical term of incarceration in a shock probation sentence is 30 days or less.

Function

The purposes underpinning shock probation include the theory that sending a criminal defendant into the penal system, even for a short period of time, "shocks" the individual. The "shock" works to encourage an offender to adopt a law-abiding lifestyle.

Considerations

A judge considers a number of factors in considering the eligibility of a defendant for shock probation. These include his criminal history and the nature of the underlying crime. Shock probation is not granted to a criminal offender as a matter of right but is permitted at the judge's discretion.

Significance

From the vantage point of a criminal defendant, shock probation permits her the chance to avoid a longer term of incarceration than normally is required in certain types of cases. Reducing the amount of time an offender is incarcerated also reduces costs associated with operating penal facilities.

Expert Insight

The best chance a criminal defendant has in gaining a sentencing alternative like shock probation is through representation by a capable and experienced criminal attorney. If you do not qualify for a court-appointed lawyer, consider retaining private counsel. The local and state bar associations maintain directories of attorneys in different practice areas, including criminal defense. Contact information for these organizations is available through the American Bar Association:

American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
http://www.abanet.org/barserv/bardirectoryportal.shtml

References

• U.S. Legal: Shock Probation Laws and Legal Definition
• Indiana Probation Report (Including Shock Probation)
• Lawyers.com: Shock Probation
• Time Magazine: The Law--Shock Probation

Resources

• Ohio Legal Services: Shock Probation
• American Bar Association: Directory of State and Local Bar Associations