Preview

Aspects of Probation

Powerful Essays
Open Document
Open Document
1311 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Aspects of Probation
There are times when almost everyone wonders exactly what the purpose of probation is, what kinds of conditions can be imposed if someone is put on probation, and what roles the probation officer and the court systems play in the scheme of things. If you know someone that is on probation it may not hurt to know a little bit about the way it works and that is exactly what we will be talking about here.

Probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge. Probation is the conditional release of an individual by the court after he has been found guilty of the crime charged. In the case of probation then, the individual has not been sentenced to prison, although he may, in fact, have been incarcerated in jail following his arrest and awaiting trial.

Probation is in fact a charge and not a dismissal of charges, as many people believe. Many people believe that putting a person on probation is just a "slap on the wrist" and that it will not stop the person from committing further crimes but the term of probation is supervision and if it is broken punishment will follow for the probationer.

Probation is a basic tool of rehabilitation for first time offenders and very few if any person who has more than one offense will receive probation. These offenders are more likely to receive jail or prison time for their offenses. Even first time offenders revert to crime during probation, which in turn embarrasses the court that gave that person probation rather than a jail or prison sentence.

One helpful aspect of probation is the indication of a certain trust and confidence placed in the offender by the judicial order or probation officer. Another helpful aspect of probation is that there is actual supervision and guidance by a probation officer.
Probation is an extension of powers of the court over the future behavior and destiny of the convicted person by showing them ways to keep themselves out of



Bibliography: Weston, Paul B. 1977. Administration of Justice. Englewood Cliffs, New Jersey: Prentice Hall. xiv. 337 pages Pursley, Robert D. 1977. Introduction to Criminal Justice. Encino, California: Glencoe Press. vi. 553 pages Rubin, Sol. 1963. The Law of Criminal Correction. St. Paul, Minnesota: West Publishing Company. xxv. 728 pages United States, Wickersham Commission. 1968. No. 9 Report on Penal Institutions, Probation, and Parole. Montclair, New Jersey: Patterson Smith Publishing Corporation. United States Sentencing Commission. 1990. Policy Statements for Violations of Probation and Supervised Release. Washington, D.C.: The Commission. i. 40 pages

You May Also Find These Documents Helpful

  • Satisfactory Essays

    from probation, as probation is a tool used as a form of punishment prior to incarceration, and…

    • 510 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The first function of the probation or parole work is the presentence investigation. This investigation delves into all aspects of the offender’s background. The information is gathered to provide a sentencing decision. The legal information that is provided in the report includes any juvenile or adult record that the offender has and would include probation history if any. The official version of the offense that has been committed is included and any plea bargain information. If there are any pending cases against the offender is also included. The other information that is included in the presentence investigation is the probation officers recommendations, whether the offender has any gang affiliations, any background or ties to the community. The offender’s substance abuse history, physical and mental health history, financial and employment circumstances, and education history are covered. And lastly, the victim’s impact statement is included along with any marital or military history. Then the probation/parole officer evaluates and summarizes all this information. There tends to be more extralegal information contained in…

    • 766 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Bibliography: Parole in the Federal Probation System. (2011, May). Retrieved January 2013, from United States Court: http://www.uscourts.gov/News/TheThirdBranch/11-05-01/Parole_in_the_Federal_Probation_System.aspx…

    • 1918 Words
    • 8 Pages
    Best Essays
  • Good Essays

    Probation can be dated as far back as the Middle Ages, during the times of King Henry VIII. Due to the fact that more than two-hundred crimes were punishable by death, a new form of punishment needed to be created. To be put to death for a minor offense, why should a person be killed because they stole something as simple as a candy bar? It was becoming outrageous and people were beginning to become concerned with the progression of the justice system. Society had the right to be worried about how authorities were handling the solutions to crime and though it took some time quite a few programs had been adopted; pardons could be purchased by the accused, judges could refrain from applying statutes or stolen property could be devalued by the court so that offenders could be charged with a lesser crime.…

    • 561 Words
    • 3 Pages
    Good Essays
  • Good Essays

    John Augustus Probation

    • 612 Words
    • 3 Pages

    Probation can be dated as far back as the middle ages of English Criminal Law. Probation started as harsh punishments on children and adults that may have not been such a serious crime if any at all. The English used such sentencing as flogging, branding, mutilation, and execution. The harshness of these punishments eventually slowed down because sections of the English society were concerned with the effects on the evolution of the justice system.…

    • 612 Words
    • 3 Pages
    Good Essays
  • Better Essays

    CRJ WEEK 10 Probation

    • 1375 Words
    • 4 Pages

    Probation is a sanction that a court orders to allow an individual who commits a crime to stay in the community without serving his jail term. However, an individual is not totally free during probation as he remains under the supervision of a probation officer (Prince William County, 2014). There are restrictions that the probationer must observe, and it is the duty of the probation officer to supervise the probationer so that he adheres to the restrictions. There are intricacies of probation, and if the probationer violates the restrictions, the probation officer reports him to the court for the appropriate action. Some of the restrictions that the probationer observes include restriction from handling weapons, abusing drugs or alcohol, and reporting to the probation officer, among other rules. If the probationer fails to adhere to the restrictions, it is the duty of the probation officer to report to the judge. The judge punishes the probationer by putting sanctions such as a jail-term, community service, restitution, and fines on the probationer (Prince William County, 2014).…

    • 1375 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Standard conditions include attending group or individual therapy, random drug testing, avoiding people or places that associate with criminal activity, the offender not committing another crime at any level, and gaining employment or education. Other standard probation conditions restore the victim and the community including payment of restitution, payment of fees and fines, and community service. Also, terms may include compliance with all court orders, regular reporting to a probation officer, home searches, weapon prohibition, unable to leave the county or state, and drug and alcohol restriction. Day reporting centers are used for those on probation. Day reporting centers serve under the special conditions of…

    • 1989 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Some conditions that affect parole would be the specific terms needed to be followed by the parolees. A parolee must check in with his parole officer within 24 hours after his release, they may be required to live in a certain area or with a certain person, and they may be required to stay away from certain people. If any of these stipulations are broken the parolee will go back to prison to serve out the remainder of their time of incarceration. This is also known as revocation of probation. Revocation of probation is an…

    • 748 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The juvenile who is on probation will be still be able to remain in the community but under the supervision of an officer of the courts. Another community-based programs would be treatment centers, where the juveniles goes for counseling for their needs to be able to handle the issues that is causing the juvenile to act out and commit crimes. The purposes for the community-based treatment centers would be to help the juvenile to understand what they have done and help them to learn from what they have done and allows them to be able to fix what have been affected by their criminal behaviors and learn from their mistakes. The importance of community-based treatment programs would be to give the juvenile a second chance and still be able to remain in the community while paying back for their criminal actions and to be able to learn from their mistakes while getting help that the juvenile might need to help them to change paths that the juvenile is…

    • 701 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Probation and parole officers play a critical role in the criminal justice system, their involvement with offenders prior to incarceration and after release help keep the public safe. There are a multitude of duties they are responsible for, and the actions or inactions can potentially affect the outcome of the offender’s rehabilitation. The effectiveness of probation and parole officers can depend on the size of their caseloads, which can be excessive in numbers. They must balance the caseloads with the numerous entities, and outside agencies that they encounter daily. In addition, changes to the legal system, politics, and societal norms influence how probation and parole are regulated, and administered throughout the United States.…

    • 113 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Dual Court System

    • 654 Words
    • 3 Pages

    As a result, these systems have restructured of a number of prisoners and the acknowledgment that young offenders need to be treated differently. The courts want to make sure that juveniles do not commit any more offenses and put the minors in rehabilitation if necessary. It would be harder to release a juvenile back into society if they were trail as an adult. Parole was a great idea to save the state money. When a person is sentenced to prison and serves 85% of their time and have good behavior, they become eligible for parole. While on parole, they are still considered an inmate. The inmate must fellow all the rules code of conduct while being on parole. Probation is a sentence ordered by a judge instead of serving time in jail. Caplan (2012), "Probation is imposed either for lesser offenses like shoplifting, or after release from prison for more serious offenses — are considered easy time compared with incarceration and a first step toward a fresh start” (para.…

    • 654 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    I believe serving a probation sentence is easier than serving a short jail sentence, when you’re out on probation you just have to follow the court ordered rules that are given to you. Which normally require you to meet with your probation officer at your assigned times, obey your curfew and do whatever you can to stay away from any form of trouble. Another reason why I believe serving a probation sentence is the best option besides going to jail is the fact that you can still see your family and friends. You’re still able to live your life, you’re able to work and make money and have that freedom that is taken away from you if you go to jail. I personally could not go a long time without seeing my family and friends so I know I could not survive…

    • 168 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Sentencing Paper

    • 603 Words
    • 3 Pages

    Probation is another form of punishment. Probation means testing the behavior or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer (Wikipedia, 2013). Offenders are ordinarily required to refrain from firearms, and may be ordered to remain employed, have a curfew, live in a decent place and not leave the jurisdiction (Wikipedia, 2013).…

    • 603 Words
    • 3 Pages
    Good Essays
  • Better Essays

    probation officer

    • 1783 Words
    • 8 Pages

    Being a Probation Officer can be interesting and challenging at the same time. You can make a positive impact on one’s life. A Probation Officer’s main role is to make sure that those released into his care are properly rehabilitated and obey to the terms of their probation. The officer also educates those released on probation on what they can and can’t do during the probation period…

    • 1783 Words
    • 8 Pages
    Better Essays
  • Best Essays

    Hagan, F. (2010). Introduction to Criminology: Theories, Methods, and Criminal Behavior . 7th ed. Thousand Oaks: SAGE Publications Inc. p184.…

    • 2514 Words
    • 11 Pages
    Best Essays

Related Topics