Probation

1
Probation

• Chapter Seven

2
Probation

• Refers to a conditional release of a defendant

3
Probation (continued)

• Probation permits the defendant to remain in his
  or her community
• Probation usually involves

4
History of Probation

• John Augustus of Boston is considered the
  originator of the concept of probation.

5
Status of Probation

• Probation is based on the philosophy that the
  average defendant is not a violent dangerous
  criminal.

6
Extent of Probation

• Approximately 1,900 probation agencies in the
  United States.

7
Federal Probation

• In 1929, the first paid U.S. Probation Officer
  was appointed under the U.S. Department of
  Justice.

8
Federal Probation (continued)

• The Division of Probation and Pretrial Services,
  later renamed the Federal Correctional and
  Supervision Division, is located in Washington,
  D.C.

9
Federal Probation (continued)

• Federal Probation and Pretrial Services Officers
  are Federal law enforcement officers with
  Hazardous Duty Retirement Pay.

10
Conditions of Probation

• A probated disposition is an act of clemency on
  the part of the court.
• 2 Conditions generally imposed

11
Probationers Rights

• The courts have ruled that probationers have
  fewer constitutional rights than other citizens.

12
Search of Probationers

• Courts have traditionally held that defendants on
  probation may be searched by their probation
  officers without the need for a warrant or
  probable cause.

13
Attitude Change

• It is frequently assumed that the pains of
  imprisonment lead to negative attitudes toward
  prison, staff, and programs, thus prison will
  have a detrimental impact on offenders.

14
Revocation of Probation

• Probation may be revoked by the court if the
  individual commits either a new crime or violates
  a technical condition of the probation. For
  example

15
Recidivism

• Offenders who are released from shock
  incarceration programs appear to perform just as
  well as those who serve longer prison terms.

16
Functions of Probation
17
Future of Probation

• Many individuals have voiced concerns about the
  placing of criminals on probation.

18
Probation Offices

• Generally there is a probation office for each
  court.

19
Evolution of Probation Philosophies

• From its inception, and until at least the
  mid-1960s, probation was guided by a
  casework-type philosophical ideology.

20
Evolution of Probation Philosophies (continued)

• Currently, highly publicized studies question
  whether probation was a viable sanction for
  felony offenders.

21
Philosophies That Will Guide Probation in the
21st Century

• Although varying in degree and prominence,
  probation has always been characterized by