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Criminal Law

: Grits for Breakfast

Irrationality: Creating incentives for defendants to choose incarceration

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?To be quite honest, it?s a very rational decision? to choose incarceration over probation for many misdemeanor offenses, the director of the Bell/Lampassas County probation department told the Texas Tribune in a story titled "Many choosing jail time over probation," a subject we've discussed here on Grits for many years. Reports Brandi Grissom:Across Texas, defendants ... who are charged with misdemeanor offenses are choosing to spend time in the local lockup rather than endure months on probation. They don?t want to deal with the hassle of probation conditions, and they can?t afford the thousands of dollars in fees that probation requires. People on both sides of the criminal justice system agree the trend is troubling: It means more people with criminal records and overcrowded local jails ? and worse, it means that people charged with crimes like driving while intoxicated, possession of small amounts of drugs, and family violence are not getting the treatment they would receive on probation...continue to full post

Full post as published by Grits for Breakfast on September 28, 2010 (boomark / email).

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