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"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.
These sanctions can include: restitution, community service restitution, fines and penalties, attendance at a drug treatment program, and consenting to be searched at random ("What are Typical").
The Effectiveness of Probation:
Probation is a commonly used tool in the judicial system today.
In fact, over a five-year period, there were 293,439 offenders in the probation system, in the five largest counties in the Twin Cities metro areas (Browning). It saves on valuable prison...
but, other than that, how effective is the practice of probation?
According to O'Connor, only approximately 62% of probationers successfully complete their probationary period. Disturbingly, two-thirds of the probationers commit new crimes withing 3 years of completing their probationary sentence.
In fact, ex-probationers are often responsible for murders and other violent crimes, some even while they're still on probation. Approximately 50% of probationers don't comply with court sanctions, and nearly 300,000 are listed as 'absconders'. With statistics like these, it becomes clear that although the probation system is effective in keeping offenders out of prison, but as far as recidivism is concerned, it does not do the justice system justice.
References
Brief History of Probation. No date. New York City Department of Probation. December 6, 2007 http://www.nyc.gov/html/prob/html/history.html.
Browning, D. "Minnesota Frequent Offenders Thrive." IRE Journal 23(4) Jul/Aug 2000: pp. 32-33. Academic Search Premier. EBSCOHost. University of Phoenix, Phoenix, AZ. December 6, 2007 http://web.ebscohost.com.
O'Connor, T. Probation in a System of Justice. 21 Sept 2004. North Carolina Wesleyian College. December 6, 2007 http://faculty.ncwc.edu/toconnor/294/294lect06.htm.
What are the Typical Examples of Probation Condition? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/typical_probation_conditions.htm.
What is the Difference Between a Probation, Parole, and Pardon? No date. Free Advice. December 6, 2007 http://criminal-law.freeadvice.com/parole_probation/probation_parole_pardon.htm.
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