Verified Document

Probation The Origin Of Probation Term Paper

"The offender was ordered to appear in court three weeks later sentencing. He returned to court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor had dramatically changed" ("A Brief History"). This would eventually evolve into today's probation system. Examples of Probation:

sentence ordered by a judge instead of, or in addition to, serving jail time, that allows the convicted offender to live in the community for a period of time, is known as probation.

Depending on the seriousness of the crime and the circumstances, this sentence sometimes occurs under the supervision of a probation officer. This differs from parole, which is a conditional release of an offender, after serving part or all of their sentence.

Probation also differs from a pardon, which is when an offender is "fully forgiven from all legal consequences of his crime and his conviction" ("What is the Difference").

There are a variety of sanctions that are alternatives to jail sentences, that are often given to an offender who has been given a probationary sentence. In certain instances, a judge may only order one sanction, or he may combine it with other sanctions.

These sanctions can include: restitution, community service restitution, fines and penalties, attendance at a drug treatment program, and consenting to be searched at random ("What are Typical").

The Effectiveness of Probation:

Probation is a commonly used tool in the judicial system today.

In fact, over a five-year period, there were 293,439 offenders in the probation system, in the five largest counties in the Twin Cities metro areas (Browning). It saves on valuable prison...

but, other than that, how effective is the practice of probation?
According to O'Connor, only approximately 62% of probationers successfully complete their probationary period. Disturbingly, two-thirds of the probationers commit new crimes withing 3 years of completing their probationary sentence.

In fact, ex-probationers are often responsible for murders and other violent crimes, some even while they're still on probation. Approximately 50% of probationers don't comply with court sanctions, and nearly 300,000 are listed as 'absconders'. With statistics like these, it becomes clear that although the probation system is effective in keeping offenders out of prison, but as far as recidivism is concerned, it does not do the justice system justice.

References

Brief History of Probation. No date. New York City Department of Probation. December 6, 2007 http://www.nyc.gov/html/prob/html/history.html.

Browning, D. "Minnesota Frequent Offenders Thrive." IRE Journal 23(4) Jul/Aug 2000: pp. 32-33. Academic Search Premier. EBSCOHost. University of Phoenix, Phoenix, AZ. December 6, 2007 http://web.ebscohost.com.

O'Connor, T. Probation in a System of Justice. 21 Sept 2004. North Carolina Wesleyian College. December 6, 2007 http://faculty.ncwc.edu/toconnor/294/294lect06.htm.

What are the Typical Examples of Probation Condition? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/typical_probation_conditions.htm.

What is the Difference Between a Probation, Parole, and Pardon? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/probation_parole_pardon.htm.

Sources used in this document:
References

Brief History of Probation. No date. New York City Department of Probation. December 6, 2007 http://www.nyc.gov/html/prob/html/history.html.

Browning, D. "Minnesota Frequent Offenders Thrive." IRE Journal 23(4) Jul/Aug 2000: pp. 32-33. Academic Search Premier. EBSCOHost. University of Phoenix, Phoenix, AZ. December 6, 2007 http://web.ebscohost.com.

O'Connor, T. Probation in a System of Justice. 21 Sept 2004. North Carolina Wesleyian College. December 6, 2007 http://faculty.ncwc.edu/toconnor/294/294lect06.htm.

What are the Typical Examples of Probation Condition? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/typical_probation_conditions.htm.
What is the Difference Between a Probation, Parole, and Pardon? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/probation_parole_pardon.htm.
Cite this Document:
Copy Bibliography Citation

Related Documents

Discretion in Probation
Words: 2400 Length: 8 Document Type: Research Paper

Ethics and Discretion in Probation "…Encourage relationships with colleagues of such character to promote mutual respect and cultivate a professional cooperation with each segment…" [and] "respect, serve and empathize with the victims of law violations allegedly committed by children…" (Denton County Juvenile Probation Department) What ethical considerations are important in probation departments in the United States? What are the ethical expectations for communities when there are offenders out from prison and on probation?

Corrections Probation Is a Form
Words: 942 Length: 3 Document Type: Essay

Immediately, the number of probation violations dropped. The Municipality of Anchorage, Alaska imposed a similar program in 2000 for misdemeanor cases and also saw immediate positive results in probation completion and reduced recidivism (Boyd, 2010). When probation was first used the idea was to try and give certain criminals a second chance to redeem themselves and prove that they could be law abiding citizens without having to spend time in

Merging Probabtion and Parole in
Words: 7880 Length: 25 Document Type: Research Paper

There are, for example, great differences among states regarding the way in which these systems are managed and the rights and responsibilities of officers for both sectors of the legal system. In New Jersey, the goal of probation is to promote the reintegration of offenders into the community, while encouraging a responsible, law-abiding lifestyle for such a person (New Jersey Courts, 2013). In total, probation officers are responsible for more

Intermediate Sanctions Over the Last Decade There
Words: 1160 Length: 4 Document Type: Essay

intermediate sanctions? Over the last decade there have been rising overcrowding in prisons and other correction facilities making them costly and dangerous for the inmates. There has been also a need to better manage the crime levels in the community as well as reduce crime, and give fair sentencing to adult offenders. These are the main factors that led to development of intermediate sanctions (Caputo G., 2004). Discuss the evolution and

Future of Eurasian Organized Crime
Words: 7401 Length: 25 Document Type: Term Paper

Ashley, Assistant Director, Criminal Investigative Division of the FBI relates that in 1991: "...the U.S. Attorney's office in Los Angeles charged 13 defendants in a $1 billion false medical billing scheme that was headed by two Russian emigre brothers. On September 20, 1994, the alleged ringleader was sentenced to 21 years in prison for fraud, conspiracy, racketeering, and money laundering. He was also ordered to forfeit $50 million in

Juvenile Delinquency and Social Class
Words: 872 Length: 2 Document Type: Term Paper

Juvenile Delinquency & Social Class Juvenile Justice: Juvenile Delinquency & How Perceptions of Social Class Affect Treatment of Young so-called 'Criminals' It is common to view issues pertaining to justice in purely retributive terms or positivist terms. In other words, conservatives tend to view the system of juvenile justice in terms of crimes that must be morally punished by society. In contrast, liberals often view crimes; particularly crimes committed by juveniles who

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now