In criminal justice, probation is a conditional sentence that allows defendants to avoid prison time if they follow strict rules, but any violation can result in immediate incarceration; judges assess a defendant's behavior during incarceration as a key indicator of whether they can be trusted to follow rules outside prison, making zero-tolerance probation conditions essential for public safety.
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16 Pages of Jail Fights, Shanks & Cussing... & Still Wants ProbationAdded:
And Mr. Jackson, you were previously in court, entered a plea of guilty to the secondderee felony offense of engaging in organized criminal activity. Um, I've received the pre-scence report as well as incident reports from the Jefferson County Jail. Has everyone had an opportunity to review all of that?
>> Yes, your honor.
>> I have.
>> Are there any additions or corrections?
>> No, your honor.
>> Judge Only, I'm sure the court would like Mr. Jackson to take a little bit of responsibility than he did in his version. And we also assume that his next comments are going to be the talking to that everybody else in the jail is going to >> Mr. Jackson.
I've got 16 pages of jail incident reports.
That's already a disaster before sentencing even begins in court.
Behavior after your plea matters a lot.
Judges look at that and ask one question. Are you learning or are you getting worse?
16 pages of jail incident reports. Each page holds two to four.
Do the math on that and that's a lot of you being exceptionally disrespectful to the officers that are there. And so what I'm wondering is why you think I mean since you entered your plea in this case you were caught with a shank.
>> Caught with two shanks while waiting for sentencing. That is courtroom self- sabotage at Olympic level. When you're asking for mercy, showing up with homemade weapons is basically telling the judge, "Please send me to prison faster."
>> Two different types of shanks. And >> you've been fighting.
>> Huh?
>> You can speak where I can understand you first. Speak up.
>> What do you want to say?
>> I was talking to the guard. I was talking to the lieutenant. I was trying to talk to him. Get that th on me. No, they found it in your bed.
Oh, >> okay.
>> What about the other 16 pages?
>> What about telling the officers I don't have to do [ __ ] What about telling the officers I don't give a f about none of that? What about that? Is that you over and over and over? If you don't give a [ __ ] then why should we?
Do you understand what I'm saying?
>> You want to spend your life in prison?
And that line, if you don't care, why should we? That hits hard because probation is built on trust. If the defendant shows zero respect for rules inside jail, why would anyone believe he'll follow them outside?
>> Because that's what you're asking for.
That's no behavior for me to go, "Oh, let's just put him on probation. It'll be great. He's going to follow the rules." You can't even follow the rules when you're locked up. What makes me think you're going to follow them when you're out?
I mean, the agreement that y'all reached based on what I understand is very little criminal history, mostly because you're young and you haven't had time to do a whole lot. Um, what is the status of the Harden County cases? Do we know?
>> Yes, your honor. We're they're waiting for us to resolve these cases. Um, and then they'll be next in line. Okay.
Okay. Every uh when we come to court uh after we leave always informed on what we're doing so they're aware.
>> Okay.
>> And judge that kind of goes to the notion of obviously we were going to request that the court is in agreement with the following employee ISF >> that he cannot do with those pending. So our understanding and our agreement was for ISF with the understanding that he would dispose of those cases very timely so that he can then go to ISF fiscal orders.
>> Yes.
>> Okay. So, here's what I'm going to do, Mr. Jackson, and it the rest is going to be up to you, okay? I'm going to um follow the agreement that you made with the district attorney. I'm going to find sufficient evidence to find you guilty.
However, I'm not going to do that. I'm going to defer all proceedings for >> This is the turning point right here.
The judge could slam him with prison time, but instead offers deferred adjudication probation, a massive second chance. translation. No felony conviction if he succeeds, but one mistake and that deal can vanish instantly.
>> Period of 7 years. Um, you will be ordered to pay a $500 fine. You will be ordered to enter and successfully complete the cognitive track of the ISF program. That is a whole program especially for you young people to hopefully help you to make better decisions. But here's the thing about ISF. um you're going to go to Harden County from here, take care of those cases, and when you do get to ISF, one incident report is a violation of your probation. Zero tolerance. So, you're going to have to prove to me while you're waiting in jail, in addition, while you're waiting in jail to go to Harris to Harden County, if I find out you misbehave in Harden County, any of those things are going to be violations of your probation. Do you understand? A condition of your probation is going to be that you are follow the rules in our jail, in Harden County Jail, and in ISF, whatever those rules are. It's not going to be cussing at and calling names to the correctional officers who are just there doing their job. It's not going to be fighting. It's not going to be hiding things in your whatever. Do you understand?
>> Because you may never see the light of day.
>> Zero tolerance means exactly that. Zero excuses, zero second chances, zero room for stupid decisions. One violation, one fight, one incident report, and suddenly that probation turns into up to 20 years behind bars. This isn't freedom. It's his final warming.
>> You're going to be right back in here on a motion to revoke your probation. And because this is a secondderee felony, if you are back in here, the range of punishment if I find that you violated your probation is minimum to up to 20 years in prison. You understand that?
Okay. If you take advantage of this opportunity and change the way you're acting and are you successful on this probation, this is your chance of a lifetime today because you do not have a conviction on your record. You're not a convicted felon. And at the end of the probation period, if you're successful, uh, the case gets dismissed. You'll never be a convicted felon. The other side, again, though, one hiccup, you're on zero tolerance from the beginning on this. You're back in here with the motion to revoke and go into prison. Do you understand?
>> Um, a condition of your probation also, if it's not in here, is going to be that you are not allowed to be in the possession of or around any firearm. Um, so if there are firearms in your house where you're living that aren't yours, you they have to be locked up or you are not allowed to have them. You're not allowed to have a firearm. Period. Do you understand?
>> Okay.
>> Just for the uh the record, uh, we do believe that he'll be able to make this uh this probation and won't be back here. His family is here. They've always been here. So, they're ready to support him with whatever he needs to make make sure that he makes it over to home.
>> I hope so. I'm glad that they're here.
And you and here's the thing. You probably don't like their rules either.
Guessing from how you're acting, I don't think you like anybody telling you what to do. But at this point in your life, until you get off this probation, there's going to be a bunch of people telling you what to do. And you're just going to have to take that because you're the one who engaged in this behavior, right?
>> So, grow up, take responsibility, and change it. It's all up to you to do that.
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