##ing And Punishmentment : Causes And Consequences Of Probation And Punishment

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.

Probation: A suspended prison sentence on the condition the offender follows certain prescribed rules and not commit further crimes.

The history of probation and parole influences the decisions that are made in the Adult Court System toward the supervision of adult offenders by considering community corrections and involve supervision in the community. In the criminal justice system, there are many individuals locked up in local, state, and federal institutions. John Augustus probation bears much resemblance to probation as it is practiced today. He took great care in deciding which prisoners were promising candidates for probation. He also considers the offender’s character, age and factors that would have an impact on the offender after being released. His efforts actually were resisted by police, court clerks, and turnkeys who were paid only when offenders were incarcerated (Klein, 1997). The punishment for violating probation or parole is to continue supervision or to withdraw and incarcerate the offender.

Probation is a sanction ordered by a court system. A person is put on probation when found guilty of committing a crime. The offender is then put back into the community if they are supervised by a probation officer and their consent over anything has been evoked. Probation differs depending on the crime committed. Probation can also be the release of an offender from detention, subject to a period of good behavior under supervision. It can also be the process or period of testing or observing the character or abilities of a person in a certain role, for example, an offender after

As a citizen, a member of my community, and a taxpayer, I greatly admire the work that probation officers and other members of our corrections system do for our society. However, I do not believe enough is being done. Recidivism is “a person 's relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime” (National Institute of Justice, 2014). Recidivism is an important measure of program success. The entire purpose of the corrections system is to prevent further crime by providing a punishment for past crimes and rehabilitation for criminal ways of living. If the corrections system does not meet these goals, the recidivism rate will increase. Thus, probation must be highly efficient in order to battle the recidivism rate.

Many criminal justice scholars have studied general deterrence and the effectiveness of this model of criminal justice sentencing is often debated. The way that the deterrence model is currently being conducted in the criminal justice system is by the use of sentencing and then using probation to relieve the stress on the population assigned to prisons and jails. Probation focuses on modifying behavior of the convicted offender in order to have them behave in a more acceptable manner, according to societal norms. Klingele wrote, “Although probation historically involved close mentoring and monitoring by probation officers, growing caseloads and resource constraints often result in lax supervision and uneven enforcement of the conditions of supervision” (p. 1631). This is a major issue with the effectiveness of the probation system.

With probation comes a certain profile geared towards a successful completion in the program. A lot of the times criminals that are placed on probation are non-violent offenders. However, Many jurisdictions have a variety of offenders on probation (e.g., property offenders, domestic abusers, felony and misdemeanor offenders, and sex offenders). It all boils down to what is the capacity of the individual jurisdiction, what will the community tolerate, state statutes, resource availability, etc. How well someone does on probation depends on how well the offenders needs are assessed, how well they are supervised and what resources the agency has available to assist in their supervision and rehabilitation. The motivation of the offender is also a factor that has to be considered (APPA 2014). So one attribute has to be first time offenders. Someone has never broken the law would benefit from a probation type sentence. It would benefit them through education of the justice system and the actual penalties involved in their crime i.e. being placed on probation versus serving time. Another attribute has to be a non-violent offense. Personally speaking, violent natured crimes should not be tolerated by society and have just consequences. There are variations on crime, but not all crime is the same. Some people would benefit going through probation while others find it as an opportunity to commit more crimes. The final attribute has to be the

The notion of probation derives from a Boston shoemaker by the name of John Augustus (1785-1859). He was a member of a group that helped men cease their alcohol consumption. During John’s spare time, he would scrutinize court activities and became somewhat disturbed as to how the “town drunks” and underage offenders were required to stay in jail due to the absence of money to pay their fines. After his observations, he persuaded the court’s administrators to enable him to pay their fines. In addition, he offered the offenders supervision. After the bail was paid, he then assisted them in obtaining a job. When it became time for the offender to go back to court for sentencing, the judge then issued a miniscule fine as opposed to placing them into an institution. John Augustus’ charitable acts created a beneficial alternative to incareceration, and his time and effort successfully convinced the state of Massechusetts to pass the first probation statute in 1878.

The first point to be covered is probation itself. The authors state probation as being “a sentence that does not include confinement and imposes conditions governing the release of the offender into the community, based on good behavior.” (Allen, H., Latessa, E., and Ponder, B., 2014, p. 85) It is an alternative to incarceration that comes with its own stipulation. When the probation system first began “the judges themselves were to administer the probation services” and though many still follow this method,

Wodahl, Eric J., Boman, John H. and Garland, Brett E. (2015). Responding to parole and probation violations: Are jail sanctions more effective than community-based graduated sanctions? Journal of Criminal Justice 43: 242-250.

There are often misconceptions between parole and probation, while they are both alternatives to incarceration they are separate concepts based on the same idea. With both alternatives, the offender is supervised and required to follow specific orders from the supervising officer. Probation is a sentence typically carried out by the court and occurs prior to incarceration and can eliminate the chance of even being incarcerated. Parole however, is an early release from prison and granted by the parole board. Parolees finish out their sentence in the community while following instructions from their officer.

Probation is managed by a probation officer. The probation officer monitors a defendant’s progress and file reports with the judge, advising them of any failure to abide by probation terms or conditions. If the judge is not happy with a defendant’s performance, the judge can order a capias to be issued and require a defendant to be returned to his court for final sentencing. After sentencing, a defendant is ordered to serve actual time in prison. If the defendant had a suspended prison term, he is usually sent straight to prison to serve his time.

Probation and Parole have become a necessary tool in the correctional system. Without the use of probation and parole the prison overcrowding be at a debilitating level. Although crimes should be punished the system is so overwhelmed there has to be an alternative for the less violent offenders. Probation is the process in which adult offenders are placed on community supervision instead of being incarcerated ( Latessa & Smith, 2011). While on probation the offender will have to check in with a probation officer and the probation officer will closely monitor them ( Latessa & Smith, 2011)The probationary period can last from months to years, depending on the offense, if there are fines to be paid and if the offender does not violate the probation

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

Probation is the most common form of criminal sentencing in the United States. It 's defined as placing the offender under the control, supervision, and care of the probation officer as long as the probationer meets certain standards of conduct (Criminal Justice Degree Hub, n.d.).