Probation is simply the deferring of a sentence when an offender
demonstrates potential for good behavior or is considered to be no
risk to the community.
Probation carries with it the implication of SUPERVISION.
In 1991, there were about 2.7 million offenders on probation in
the US. Today (mid 1994) there are an estimated 3 million.
Probation has long historical roots. It dervies from:
1) Benefit of Clergy (English Common law)
1200s to 1827, reading of psalm 54 ("Save me or GOd, by thy
name and vindicate me by thy might" etc)
2) Judicial Reprieve (also English common law): Suspension of
sentence on condition of good behavior
3) Recognizance (US, 1830s)--implied court supervision
4) The work of John Augustus in the mid-19th century (Father of
probation
Two conflicting views underlie probation:
1) Does it carry an "enforcer" role? (social control/punishment)
2) Does it carry a "social worker" role (rehabilitation)
Currently, several forms of probation:
1) Straight probation (screw up, and you serve time)
2) Split sentence - Incarcertation followed by probation
3) Modification of sentence (prison sentence, but parole
considered later)
4) Shock incarceration - short prison followed by probation
5) Intermittent Incarceration - example--weekends in jail
How does one get onto probation?
1) Low risk, rehab potention, something "going for them"
2) Good PSI (pre-sentence investigation) report
PSIs are controversial. Who should do them? What criteria should
be used? How much weight should they have? Should it
be "crime-specific" or "offender specific?"
Probation officers:
1) These are people who supervise probation
2) They tend to have heavy workloads (but--no evidence that
heavy work loads increase recidivism, but heavy loads are
difficult for case workers)
Termination of Probation
Probation ends in two ways:
1) Offender successfully completes it
2) Offender violates it and winds up incarcerated (this is called
a "technical violation")
For drug offenders, using drugs is a common violation. BUT: As the
book warns, returning drug abusers back to prison, except as a last
resort. Do you know why? (know it for the test)
Some Issues:
Who should run probation? Courts? Police? A separate bureaucracy?
The private sector? What should the goals of probation be?
Is it a good alternative to incarceration? Is it "soft on crime?"
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