Probation Research Paper

What is Probation? For, you grasp a better understanding of what probation is you first must know the meaning of probation. Probation has several different meanings to it. Probation could mean a sentence of imprisonment that is suspended. Whereas, it could also mean a court-ordered period of correctional supervision as an alternative to incarceration (Fank Schmalleger, 2016, 2014, 2012, 2010). Secondly, it can also mean the method used to deal with first time offenders, or those guilty of minor crimes which allows them to remain in the community as long as conditions are followed. Finally, the last meaning is the state of having been conditionally released from custody (Probation, 2016).
Historical Development of Probation While probation
dates to English common law, whereas the court has the authority to suspend an execution while a convicted criminal appealed to the monarch for a pardon. However, in the United States, probation wasn’t developed until 1841 when a Boston cobbler named John Augustus, convinced a judge in the Boston Police Court to release a convicted offender to his care for a short time. The first probation was recognized by U.S. courts in 1878, by the Mayor of Boston, at the time, appointed a former police officer to the position. During the early 20th century, the U.S. Supreme Court saw a problem with allowing judges to suspend sentences indefinitely. For this reason, it resulted in the National Probation Act of 1925 coming into being. National Probation Act of 1925 allows courts to suspend sentences of incarceration, which will place offenders on supervised probation a specified period. United States Federal Probation Service also established in 1925.
Extent & Condition of Probation Ultimately probation conditions can and will vary depending on the jurisdiction and by the offense of which the individual was convicted. Conditions of probation can also be court-supervised (informal probation) or probation officer-supervised (formal probation) (Probation, 2016). When it comes to informal probation conditions which is often set by the judge who has discretion in setting conditions. Usually judges will refer to statutory probation guidelines when setting conditions. Comparatively, conditions for formal probation are generally set by the probation officer, which they use state and federal guidelines even though the judge may have input. This list is the most common standard probation conditions: 1. Payment of restitution 2. Completing community service if ordered 3. Scheduled times with probation officer 4. Appearing in court when ordered 5. Random drug testing 6. Random searches without a warrant
Types of Probation & Probation Violations Paradoxically, there are several types of probation that can be ordered for an offender.
Ultimately probation is given for the goal of rehabilitating offenders the judge may give different types that suit each situation. This list is just some of the types of probation: 1. Unsupervised Probation 2. Supervised Probation 3. Community Control Probation 4. Shock Probation and 5. Crime-Specific Probation. First, unsupervised probation is where the offender is free from direct supervision of a probation officer. Even though the offender is still requiring that they obey a specific court ordered conditions. Unsupervised probation is often reserved for less serious, non-violent crimes. Whereas supervised probation is where the offender has to check in with a probation officer on a regular basis. For instance, it can range from weekly to monthly personal visits, to mail reports, or even phone
calls. Of course, you have, community control probation whereas the offender is required to remain in their home. For this reason, the offenders’ whereabouts is monitored by an ankle tracking device. This type of probation is also called house arrest. Furthermore, shock probation is where the offender is sentenced to jail or prison for a short time. When the period ends, the judge releases the offender on probation. This type of probation is done in order to “shock” the offender into following probation conditions. Finally, crime-specific probation is when the judge is allowed to order specific conditions in order to help ensure the offender doesn’t repeat the same crimes over again. Some possible crime-specific conditions may include attendance at a drug or alcohol rehabilitation, prohibits against owning any electronics, going online, or to even register as a sex offender. Paradoxically, there is one final type of probation an offender can get. This type of probation is federal probation. Offenders are only sentenced to federal probation if they committed federal offenses. Per federal laws, federal probation, administering supervised release and probation is monitored by the Office of Probation and Pretrial Services. While federal probation officers have jurisdiction over federal felons. They work hard to figure out the risk to society of allowing and offender to remain free on probation and they enforce conditions of probation. Federal probation officers work very closely with the courts in order to help rehabilitate offenders. Nevertheless, state and federal laws govern all probation violations.
Offenders can violate their probation in numerous ways. Even if the crime is a minor offense, it is still and will be considered a violation of probation. When an offender fails to follow any part of their probation terms and conditions as specified will constitute as a violation. These are the most common violations of probation: 1. Failure to appear in court 2. Failure to attend scheduled meetings with probation officer 3. Failure to pay fines 4. Failure to complete community service 5. Associating with other offenders 6. Traveling out the state or country without
permission
Probation Officer Job Meanwhile probation officers work directly with offenders in order to supervise them. They also prevent offenders from committing additional crimes. Probation officers are usually working with dangerous criminals as they are assigned to field work. They may have frequent visits with the offenders at their homes or places of employment. In addition to working with dangerous criminals, probation officers must meet with their assigned offenders in order to keep up to date with their rehabilitation progress, and to see whether or not they are abiding to the conditions of their probation.