Probation

Probation for Violent Offenders Throughout history crime has been penalized with jail time or imprisonment. Until recently during the early 20th Century we have come up with an alternative to jail time which emerged as probation. However, this alternative exempts people who have convicted violent or heinous crimes. Should people who have committed murder, forcible rape, robbery and aggravated assault be able to obtain probation as a substitute as well? This seems to still be the question that is under consideration as of today. Probation is the suspension of a sentence given to a person convicted on the condition that they maintain good behavior and report regularly to a probation officer. The whole sentence may be served under probation, or in combination to a short sentence in a prison or jail. Offenders who are put on probation are usually required to follow a number of probation requirements. Those under probation report to an assigned probation officer or supervisor numerous times each week, and may receive random phone calls or drug tests during their scheduled sentence. The judge may also order the offender to obtain related rehabilitative treatments, avoid certain people or places, perform a designated amount of time in community services, report any change of employment or address to the probation officer, avoid from traveling out of the jurisdiction without informing a probation officer, or provide restitution during the probationary period. Probations usually do not fall under the same Fourth Amendment right to be free from unreasonable searches and seizures, as some of their conditions would be a violation to others who are not on probation.
Crime continues to be a major concern within American society. Some would argue that the penal system is for rehabilitative purposes. Then there are also those who believe that the purpose of the penal institution is for retributive purposes. I would argue that most criminals know the consequences of their actions before they act on them but they refuse to face the significance of those consequences. As for the department of corrections they tackle the four main goals of corrections which are deterrence, incapacitation, rehabilitation, and retribution. Probation is mainly given to minor offenders of crime these days but is this alternative necessarily too soft for an offender convicted of a violent offense? In my opinion probation should be given as an option for violent offenders because although they have committed a crime of extreme severity it is not likely that they are habitual murderers or aggravated assaulters. Many of the murderers being held in captivity are not ones who commit those crimes as a career. Probation in my reasoning should be given to them with the goal of incapacitation as well. If violent offenders are to be put on probation along with house arrest or electronic monitoring the rehabilitation of the offender may be practical. However, the decision on putting a violent offender should also be based on their criminal history and their educational status. Being that if they have a record sheet they will most likely result to committing the crime again. Education has great relation because of the fact that knowledge of the law and their actions will also deter a criminal from committing a crime. Although probation is a way to alleviate prison overcrowding it still needs to be contemplated over thoroughly. As for the four goals of corrections, probation satisfies them in that it can be used in deterrence of crime through counseling groups hosted by offenders. Criminal offenders on probation are known to hold programs that are intended to inform youth and minor offenders of the consequences of crime. It correlates with incapacitation in that an offender placed on probation is required to report to a probation officer whether monthly or daily in order to be sure of what they are doing. Overall, probation can be useful if used correctly to lessen the prison population and to deter the array of crime. It is an alternative that should be used on violent offenders as well as minor offenders because many times violent offenders will only have committed their crime once. Probation also satisfies the four goals of corrections and is a better alternative to incarceration.