The word “probation” is derived from the Latin word “probatus” meaning “tested” or “proved” (Chakrabarti, 1999). Hence, Probation is defined as a sentence or adjudication of conditional and revocable release under the supervision of a probation officer. Probation is a sentencing alternative to incarceration which permits the offender to remain in the community under certain conditions (Ellsworth, 1996). Probation system was introduced in criminal justice with the intent of reforming and reintegrating offenders involved in minor offences through effective correctional treatment in the community away from prisons (Ghosh, 2001). Probation is a method of correctional treatment of the offender and his/her family, the discovery and correction of …show more content…
It is composed of six observations that may be formulated as follows: “prison does not bring down the rate of crime”, “confinement causes recidivism”, “prison necessarily produces habitual offenders”, “prison encourages the structuring of criminal milieu”, “the situation open to prison-leavers is conducive to recidivism”, “prison produces offenders indirectly by impoverishing the prisoner’s family” (Foucault, 1975).This criticism shows that incarceration is not a complete solution for reformation of the offenders, the alternative option to rehabilitate offenders through probation system may be an effective …show more content…
The primary goal of the probation system is crime reduction and protection of community, with treatment oriented activities better left to agencies in the community better able to meet the social needs of the offender (Martinson and Wilks, 1977). The American Probation and Parole Association (2001) acknowledged that probation sustains the offenders’ ability to continue working and to protect his family’s ability to continue working and to protect his family’s welfare while avoiding the stigma and possible damaging effects of imprisonment. Similarly, United Nation Institute for Crime Prevention delineated the goal of probation system to enhance rehabilitation and reintegration of offenders into the community in order to strengthen their ability to live peacefully with others in the community setting (UNAFEI,
Determinate vs. Indeterminate Sentencing Sentencing is a fundamental stage in the of the criminal justice process. After the trial process is complete and the defendant has been found guilty the court will impose the penalty. The basic goals of modern sentencing are retribution, incapacitation, deterrence, rehabilitation and restoration. These goals are achieved by different sentencing practices which are indeterminate and determinate sentencing.
Technical revocations are more common in probation and parole agencies. This type of probation violation can result in offender relapse in supervision. In the article “Technical revocations of probation in one jurisdiction: Uncovering the hidden realities by Stevens-Martin, Kelli; Oyewole, Olusegun; Hipolito, Cynthia, focused on the increase of technical violation. There was a case study conducted that compared offenders who violated their supervision and offenders who completed their supervision (Stevens-Martin, Kelli, Oyewole, Olusegun, Hipolito & Cynthia, 2014). Background information was obtained from several different sources that examined demographic information, probation offense and criminal history (Stevens-Martin et al, 2014).
According to a study conducted by Bonta, Bourgon, Robinson and Taxman, the effective use of EPICS practice has proven to reduce offender recidivism in the long run (Smith, 2012). This research was done to show when and how a probation officer should use EPICS (Smith et al, 2012). A research study collected data that was divided into three parts, offender demographic information, criminal history, and officers that used the EPICS model (Smith et al, 2012). The offender demographic part focused on offenders with little education, employment and different risk levels. The criminal history was used to find out when the offender was first arrested and if they had previous probation history (Smith et al, 2012).
According to Learningpath.org (n.d.), some of the methods used by Juvenile Probation Officers to help prevent youths from reoffending include
V. PRISON REFORMS The main part of this research paper is the reforms for the conditions of prison and make prison a better place for prisoner and make an alternative for incarceration. The prison Reform for prevention of overcrowding in prisons: A ten-point method for reducing the overcrowding in the prisons all over the world, these points are1: 1. Collect and use data to inform a rational, humane and cost-effective use of prison.
The law’s realignment of certain low-level offenders from state prisons to local supervision has placed increased responsibilities and demands on these county-level institutions. County probation departments have experienced a notable shift in their workload and responsibilities because of AB109. With the influx of people now under their supervision, probation departments have had to expand their capacity to provide adequate monitoring, support, and rehabilitation services. This includes managing caseloads, conducting risk assessments, ensuring compliance with court-ordered conditions, and facilitating access to community-based programs and services. The increased workload has required probation departments to adapt their practices, develop new strategies, and collaborate with various community partners to effectively address the needs of the inmates under their supervision.
Although people in favor of centralized probation argue that decentralizing probation has its flaws such as local probation following outdated practices, I believe with the proper training given to local law enforcement they will be better able to train staff with the updated procedures and possibly make a change in a person’s
Probation and parole are forms of supervision provided by the government for criminals in society. They can be used as an alternative to incarceration or used as a way to keep the offender under supervision after they are released from incarceration. Both probation and parole are forms of supervising offenders where they are required to follow certain rules and guidelines. The guidelines are also known as the conditions of being on probation or parole. When an offender is under supervision on either probation or parole, they are required to be able to be searched without a warrant at any given time.
This is based on the fact that during the period that the probation is administrated by the executive branch or the judiciary, the courts have increased awareness of the required resource by the agency involved in probation. Further on, the judges have a tendency to having increased awareness and confidence in the responsible agency (Whitehead, Jones & Braswell, 2010). In the event that the probation serves are administered on the statewide or centralized basis. It is often integrated into the corrections departments. As a result, the services might be given lower priority compared to the case in the judicial branch.
Bastoy prison prioritizes rehabilitation as the primary strategy to reduce the risk of future murdering, rather than punish the murderers (Ugelvik & Dullum, 2012). This is because they believe that reducing the risk of reoffending is the most important things to do and if it is failed, what is the point of punishment. For Foucault, “the punishment were intended not to efface a crime, but to prevent its repetition.” Hence, Bastoy aims to instill the values of responsibility, trust, accountability and leadership. It is proven to be effective because the recidivism rates for Bastoy prison are just 16% compared to the rate in the U.S. which is 60% (Ugelvik & Dullum, 2012).
Whereas probation, is managed by a probation officer who checks in daily. Probation takes place prior to jail time and sentencing. Although both share the similarity of breaking indiscretions, there are a few differences. Unlike parole, probation is a sentence that is issued by the court. An offender is placed on court supervision and is required to successfully complete their probation.
So instead of putting the criminals in prison, they put them on the streets but on probation. The issue is the fact that everyone can’t be on probation. When the courts put criminals on probation it becomes a workload problem for the probation officer. The workload becomes an even bigger problem when there are road blocks to stop the program from being affective. The road blocks consist of things like low pay, low budget and safety issues.
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.
Incarceration also punishes offenders by depriving them of their liberty once the court of law has convicted. Moreover, incarceration deters criminals from committing further crimes
I think that it is important that probation and parole officers have the knowledge and understanding of psychological and sociological constructs and theories because they can assist individuals in identifying their needs and formulating treatment plans to manage problematic behaviors. Probation and parole officers oversee offenders sentenced to probation and those who are serving parole. Probation officers work with convicts who are released from confinement while they are still under court supervision during a testing or trial period. Probation can be given in lieu of a prison term or can suspend prison sentence if the convict has consistently demonstrated good behavior. On the other hand, parole officers work with parolees, who are inmates