Violations of conditions.
Mr. McMahon initially adjusted well to probation under the terms that you established and implemented. Unfortunately, after 8 months of clear conduct, he has now committed several violations of his conditions of supervision. Specifically, he failed to report in as instructed 2 days ago, and his most recent drug test, administered yesterday, was positive for cocaine. He also admitted to consuming about 10 beers on the day that he failed to report, noting that he did not come to the probation office because he was intoxicated. Given this information, do the following:
Discuss what you believe is the appropriate response to these violations of conditions. Should Mr. McMahon be returned to court for a possible revocation of probation, or should sanctions be administered in-house? Why?
Consider the impact of Mr. McMahon’s behavior on the community and public safety as well as the fiscal realities that are involved in incarcerating Mr. McMahon and other similarly situated offenders. Discuss the pros and cons of returning Mr. McMahon to jail or prison as well as the pros and cons of allowing Mr. McMahon to be continued on probation supervision.
How might graduated sanctions be utilized in a case such as this?