Past, Present and Future of Probation and Parole
In order to study the past, present and future implications of the probation and parole system, I had to study the history of both. I will begin with the history of probation and then talk about the history of parole. I will also talk about how probation and parole work in the present and how and what will happen to both probation and parole in the future.
Probation comes from the Latin verb probare which means to prove, to rest.
Probation was first introduced to the United States in 1841 when a boot-maker by the name of John Augustus attended court to bail out a drunkard. This offender was released to the custody of Mr. Augustus making him the first true probation officer, the
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He did well with the prisoners at Norfolk. He returned to England in 1844, he campaigned for the parole system to be used. In 1849, he tried to implement the parole system when he was appointed governor of the New Birmingham prison, but met with apprehension, others believed that his methods were to lenient. Maconochie was dismissed from his position in 1851.
Sir Walter Crofton tried to implement Maconochie’s system in the Irish Prison system in 1854. Croftons belief was that prison programs should be directed more towards reformation. In order for this reformation to happen Crofton thought that “tickets of leave” should be awarded to prisoners who showed a definite achievement and had a positive attitude change. He also transferred prisoners into intermediate prisons after a period in a strict imprisonment. When the prisoners were in the intermediate prisons they could then earn marks that would accumulate, these marks were received for work performance, behavior, and improvement of education. By earning enough marks, the prisoners could receive their tickets of leave and would be released on parole. Once on parole the new parolee was required to report to the police. The police would help the parolees find jobs and oversaw their activities. These contributions that Crofton made to the Irish Prison System are credited to the modern system of parole.
The implementation of the parole system in
Probation it a sentence handed down by a judge that gives an offender freedom based on terms that are set by a judge (Schmalleger). These set roles the offender may face are things such as random drug testing and some form of rehabilitation. This gives offenders a second chance to rehabilitate them self and fallow the law.
Over a fifteen year time period, Augustus helped rehabilitate 1,800 offenders, mostly juveniles, and assisted them with housing, employment, and education and also made monthly reports to the courts about each offender’s progress and drew out a plan in which he created that would help each offender to their specific needs. Augustus vision to rehabilitate offenders became the foundation of our modern day probation programs.
Throughout the years, the use of imprisonment has varied, along with its influences of society. It is thought that although prisons have been around since the thirteenth century, prisons as we know them now to be have only been around for the last three centuries. The first uses of prisons were not seen as a form of punishment instead they were used as a way of making people do something. People would be held in prison until they paid their debts, or awaiting trial and then leading up to their sentence. McGowen (1995) suggests that from the early 1700s ‘bridewells’ a house of correction have existed, however at that time being used merely for vagrants and drunks. At the end of the sixteenth century there was a shift in punishment to imprisonment, along with this came a new, more humane idea of reform. Criminals would spend their days of prison carrying out hard labour. However after the American Revolution, imprisonment took a step back and there was another change. There was mass overcrowding within the prison service and although the death penalty was still being used it was a symbol of the power of the state. Therefore, an everyday way of dealing with offenders would be transportation to the colonies, being either Australia or America.
Since many inmates return back into our communities, the Reformatory Era helped decrease the impact of imprisonment on long term inmates as see under the Principle of Normalization. This principle explained how conditions of prisoners should correspond as much as possible to the living conditions in the general society. A solution during this era was parole. This gave the offender the opportunity for early release based on their behavior. Offenders were given a minimum and maximum period of incarceration which is also known as indeterminate sentencing. New York adopted indeterminate sentencing during 1876. Since prisoners had indeterminate sentencing, they could be paroled and able to achieve goals that were set to them by their “handler”. Probation soon spread all around the United States giving different approaches to they way criminal justice policies were
With the ideas of The Age of Enlightenment growing in popularity, a new concept of criminal punishment came into play; the penitentiary. The
The ideal of imprisonment did not exist during the colonial time. The penitentiary system was a nineteenth-century invention. The colonial, period was hierarchical, and the servants were supposed to be kept in place.
In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.
For anyone who has had the unfortunate experience of being placed on probation, the biggest fear is violating and being sent to prison. In some circumstances this is a result of multiple incidents, while in other jurisdictions, it is after one minor slip up. So what are these circumstances, what is the violation process, and just how much power does the probation officer have? These are just a few of the questions that will be answered in the following essay.
The state prisons today were founded on the basis of the 1700s to 1800’s during the Age of Enlightenment. The English correctional facility referred to as a “gaol,” commonly known as a jail. They housed men, women, children, the mentally ill along with the civil and criminals. The individuals suffered from idleness, diseases, despair and malnutrition. The gaols were maintained by local authorities, classification did not exist, and the purpose of gaol was to detain or hold people for court.
There are times when almost everyone wonders exactly what the purpose of probation is, what kinds of conditions can be imposed if someone is put on probation, and what roles the probation officer and the court systems play in the scheme of things. If you know someone that is on probation it may not hurt to know a little bit about the way it works and that is exactly what we will be talking about here.
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),
and inform you on the community corrections, the history, and the founding father’s of probation
New York opened its first state prison in 1788. It opened on November 28th. It
(Encyclopedia, 1986) Under this type of sentencing, an offender received a specific amount of time to serve in prison for a specific crime. (Encyclopedia, 1986) This actually created a major problem when prisons became overcrowded. (Encyclopedia, 1986) The governors were forced to issue mass pardons or the prison wardens had to randomly release offenders to make space for new entering prisoners. (Encyclopedia, 1986) Then in 1840, Captain Alexander Maconochie was appointed governor of the notorious English penal colony at Norfolk Island off the coast of Australia. (Encyclopedia, 1986) Maconochie came up with a system that he issued “marks” to encourage more positive behavior and let inmates serve their sentences in stages, which each increasing in responsibility. The final stage was a ticket of leave. (Siegal & Bartollas, 2010, pg. 254) The final stage of his system was a ticket of leave, the graduated release. (Siegal & Bartollas, 2010, pg. 254) “Later, influenced by Maconochie, Sir Walter Crofton established the “Irish mark system” in which inmates could earn early release by positive behavior.” (Siegal & Bartollas, 2010, pg. 254) The four stages of graduated release that he created were solitary confinement, special prison, open institution, and ticket of leave. (Siegal & Bartollas, 2010, pg. 254) “The Irish system was well received, appeared to have low rates of recidivism, and penologists from the United States began to urge bringing these ideas of graduated release to the United States.” (Siegal & Bartollas, 2010, pg. 254) But indeterminate sentence and the use of parole was not recognized and adopted across the U.S until 1944. (Siegal & Bartollas, 2010, pg.
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).