Legal Feasibility of Probation After Appeal Under Philippine Laws

“The Prison and Probation Service has two main goals: To contribute to the reduction of criminality, and to work to increase safety in society. To achieve these goals we work with sentenced persons in order to improve their possibilities of living a life without committing new crimes.” (Linstrom and Leijonram)

Petitioner’s appeal from a denial of that motion was dismissed by the Court of Appeals without any prejudice to relief under the Maryland. The petition for post- conviction relief was dismissed by the trial court; and on appeal the Court of appeals held that suppression of the evidence by the prosecution denied petitioner due process of law and remanded the case for a retrial of the question of punishment, not the question of guilt.

Probation serves as the most frequently used sentence for those convicted. This is evident when you consider that the United States justice system oversees nearly 7 million people. Over half of those, a staggering 3.7 million people, are on probation with another 840,000 on parole (Rabuy, 2017). With those individuals representing the largest percentage of the American corrections system, it is important that we learn as much as possible about probation in order to improve the success of these programs. Probation involves a set of conditions that the probationer agrees to adhere to in exchange for remaining in the community. Typical conditions include a waiver of the offenders fourth amendment rights, maintaining employment or school

18 U.S.C. §§ 3553(a), (a)(2)(A-D). The court, in determining the particular sentence to be imposed, shall also consider the nature and circumstances of the offense and the history and characteristics of the defendant. 18 U.S.C. § 3553(a)(1). These factors, along with others specified in Section 3553 and any other factors the court deems relevant, must be considered, along with the Guidelines, when determining the appropriate sentence.

, I believe they Both noticed a hearing are required before the probation revocation, and the probationer should have the opportunity for representation by the counsel before a prison sentence is imposed. Petitioner Mempa pled guilty for joyriding. He was sentenced to two years’ probation on the condition that he spend 30 days in jail and the sentence be deferred. Four months later, the Spokane County prosecutor moved to have the petitioner’s probation revoked because he had been involved in a burglary during his

Rhay (1967), which state that "both notice and a hearing are required before probation revocation, and the probationer should have the opportunity for representation by counsel before a deferred prison sentence is imposed." Greenholtz v. Nebraska Penal Inmates (1979), which states that "parole boards do not have to specify the evidence or reasoning used in deciding to deny parole." Bearden v. Georgia (1983), which states that "probation cannot be revoked for failure to pay a fine and make restitution if it can't be shown that the defendant was responsible for the failure. Moreover, if a defendant lacks the capacity to pay a fine or make restitution, then the hearing authority must consider any viable alternatives to incarceration before imposing a prison sentence." Minnesota v. Murphy (1984), which states that "a probationer's incriminating statements to a probation officer may be used as evidence against him or her if the probationer does not specifically claim a right against self-incrimination."And lastly, Griffin v. Wisconsin (1987), which states that "probations officers may conduct searches of a probationer's resident without the need for a search warrant or probable cause." While there are around 5 or more cases that relate to the importance and significance of parole and probation, the six that I chose are the ones that seem to be the most significant in my opinion. More importantly, it should be noted that the first case of Escoe v. Zerbst (1935), was

The Probation of Offenders Act was established in 1907 and under this act the release if offenders into the community under the control of probation officers were made official. The primary aim of the probation was made clear under this act which was to advise, assist and befriend and it continued that way until 1970’s. During this period it transformed into an agency concerned with casework, diagnosis, and rehabilitation rather than the influence of personal character, psychological understandings of human

Probation is a type of sentence for criminal defendants. Probation allows a convicted defendant to go free with a suspended sentence for a specified duration during good behavior. Probationers are placed under the supervision of a probation officer and must fulfill certain conditions. If the probationer violates a condition of probation, the court may place additional restrictions on the probationer or order the probationer to serve a term of imprisonment. Probation is normally for offenders sentenced to short terms in jail: it is not combined with a long prison sentence. legal dictionary)

One offender was non-compliant with the terms of their parole. They had not been showing up to whatever treatment they were supposed to receive, so they were called in (542-544). The offender claims there was some kind of mix up with the dates of the appointments that were set and that it was the office’s fault for not changing them. This offender was released under supervision, but the Judge threatened to revoke their parole if they continued to not keep up with the treatment. She explained that ultimately it was up to the offender to make sure appointments were changed and that everyone that needed to be notified was made aware.

The Gagnon v. Scarpelli case established additional constitutional protections for probation and parole hearings by addressing the right to counsel (O’Leary & Hanrahan, 1978). The Supreme Court reviewed Morrissey v. Brewer in their consideration of the Gagnon v. Scarpelli case, and the justices determined probation and parole revocation hearing should follow the same judicial procedures (O’Leary & Hanrahan, 1978). Therefore, since Scarpelli did not receive a hearing for the revocation of his probation, the Supreme Court stated that Scarpelli’s Fourteenth Amendment rights to due process were violated citing the Morrissey v. Brewer precedent (Florida State University Law Review, 2014). Furthermore, the decision concerning a probationer or parolee’s

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

Nearly six decades later, six states had passed laws regarding probation. By 1910, “thirty-two more states had passed legislation establishing juvenile probation” (Probation Historical Roots, 2013). Twenty years later, forty-nine out of fifty states had a juvenile probation law (Probation Historical Roots, 2013). Today, as defined by the Bureau of Justice Statistics, “probation refers to adult offenders whom courts place on supervision in the community through a probation agency, generally in lieu of incarceration” (Community Corrections (Probation and Parole),

Probation and parole are an important part of the criminal justice process, and both are

A crucial part of the criminal justice system includes probation. Probation is the release of a criminal offender from detention or incarceration. At this time, the offender is subject to a period of good behavior under supervision. Probation is also referred to a kind of punishment that is giving as part of sentencing. Instead of giving an offender a longer sentence, a judge will order the defendant to report to their assigned probation officer on a regular basis, where the offender will receive a schedule instructing him or her of their probation requirements. If the defendant does not obey a probation order, the defendant will automatically return to jail or to court, only to be given a longer sentence by the judge. A person on probation is not allowed to leave the judicial district without permission of the probation officer or court (Seiter, 2011). The probationer shall report to the probation officer as directed and shall submit truthful and complete reports (Seiter, 2011). A person on probation must also follow all directions instructed by his or her probation officer truthfully. When on probation, an offender must obtain employment and needs to notify his or her probation officer of all changes of address within a three-day limit. The probationer shall also refrain from the excessive use of alcohol

John Augustus were known as “Father of Probation." He released an adult drunkard into his custody rather than sending him to prison. Later on, he convinced the court to release more offenders to his supervision including children who had been accused of stealing. By 1846, about thirty children were under his supervision, and eleven hundred persons were bailed both male and female by Augustus (American Probation and Parole Association).