Probation the Origin of Probation

Probation

The origin of probation dates back to the Middle Ages, when harsh penalties for even menial crimes were commonplace. Today, it's evolved into a tool that the Court system can utilize in place of either an entire or a partial prison sentence. This paper will explore the history of probation, as well as provide examples of current day probation practices. In addition, its effectiveness will be explored.

History of Probation:

The term 'probation' was coined by John Augustus, derived from the Latin verb probare, which means - to prove, to test.

However, the concept of probation began in the Middle Ages, as part of English criminal law. Adults and children both were subjected to harsh punishments, even when their offenses were not serious in nature. These included flogging, mutilation and execution. Because of this harshness, there was a growing amount of discontent in certain segments of English society ("A Brief History"). and, slowly these societal members worked to mitigate these inhumane punishments, and brought about changes to the criminal system.

Many new alternatives to punishments were devised. These included: the purchase of royal pardons, judges having the ability to refrain from applying statutes or form a lenient interpretation, stolen property could be devalued to create a lesser crime, and the clergy, judicial reprieve, sanctuary, and abjuration gave offenders a degree of protection from the previously harsh sentences. In addition, the practice of 'binding over for good behavior' was enacted, as a temporary release so offenders could take measures to secure pardons or lesser sentences. At this time, also some courts began to suspend some offender's sentences ("A Brief History"). Across the Atlantic, different judicial practices were being implemented.

In the United States, particularly in Massachusetts, different practices were being developed. "Security for good behavior," also known as good aberrance, was much like modern bail: the accused paid a fee as collateral for good behavior" ("A Brief History"). In addition, the courts began to lay indictments on file, holding them in abeyance.

Judges began to lessen the effect of unreasonable penalties by granting a motion to quash based on errors in the proceedings or minor technicalities.

Two men are most often associated with the founding of probation, as it is now known: Matthew Davenport Hill and John Augustus. Hill was an 18th century English barrister that had seen the sentences of young offenders set to one day, given that they be returned to the watchful custody of a parent or guardian.

When he took the judicial post of Recorder of Birmingham, Hill used a similar practice when sentencing offenders he didn't feel were hopelessly corrupt.

Those who seemed to have the potential for rehabilitation, were placed in the hands of guardians who took responsibility for them. Police officers were instructed to periodically check on the offenders to monitor their progress ("A Brief History").

John Augustus was a 19th century Boston boot-maker, and is recognized as the first true probation officer. A successful boot-maker, he was also a member of the Washington Total Abstinence Society. Washingtonians abstained from alcohol and believed alcoholics could be rehabilitated through kindness, understanding and sustained moral persuasion, as opposed to throwing them in jail. In 1841, Augustus bailed out a 'common drunkard', and became the first probationer. "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.