The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious nature. Sentences such as branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for instance, no less than 200
crimes were punishable by death, many of which were minor offenses. This harshness eventually led to discontent in certain progressive segments of English society that were concerned with the evolution of the justice system. Slowly but resolutely, in an effort to mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal pardons could be purchased by the accused; activist judges could refrain from applying statutes or opt for a lenient interpretation of
them; stolen property could be devalued by the court so that offenders could be charged with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment of harsh sentences. Eventually, the courts began the practice of "binding over for good behavior," a form of temporary release during which offenders could take measures to secure pardons or lesser sentences. Controversially, certain
courts began suspending sentences. John Augustus "Father of Probation" John Augustus, the "Father of Probation," is recognized as the first true probation officer. Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business. It was undoubtedly his membership in the Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol could be rehabilitated through understanding, kindness, and sustained moral suasion, rather than through conviction and jail sentences. In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer. The offender was ordered to appear in court three weeks later for 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. Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped by Augustus were alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was paid to evaluating whether or not a candidate would likely prove to be a successful subject for probation. The offender's character, age, and the people, places, and things apt to influence him or her were all considered. Augustus was subsequently credited with founding the investigations process, one of three main concepts of modern probation, the other two being intake and supervision. Augustus, who kept detailed notes on his activities, was also the first to apply the term "probation" to his method of treating offenders. By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this number forfeited their bond, a remarkable accomplishment when measured against any standard. His reformer's zeal and dogged persistence won him the opposition of certain segments of Boston society as well as the devotion and aid of many Boston philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly after this death in 1859, was widely attributed to his efforts.
Following the passage of that first statute, probation spread gradually throughout the United States. The juvenile court movement contributed greatly to the development of probation as a legally-recognized method of dealing with offenders. The first juvenile court was established in Chicago in 1899. Formalization of the intake process is credited to the founders of the Illinois juvenile court. Soon after, 30 states introduced probation as a part of the juvenile court procedure. Today, all states offer both juvenile and adult probation. Matthew Davenport Hill, a lawyer from England is also noted to have contributed to the development of modern probation. Hill had witnessed the sentencing of youthful offenders to one-day terms on the condition that they be returned to a parent or guardian who would closely supervise them. When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them. Hill had police officers pay periodic visits to these guardians in an effort to track the offender's progress and keep a running account. Probation in the United StatesIn 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. Filing was also practiced in cases that did not demand an immediate sentence. Using this procedure, indictments were "laid on file" or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor technicalities or errors in the proceedings. Although these American practices were precursors to probation, it is the early use of recognizance and suspended sentence that are directly related to modern probation. Even with the wide use of suspended sentences, the U.S. Department of Justice disapproved of its use, believing that it infringed upon executive pardoning power and therefore was unconstitutional. The matter came before the Supreme Court in Ex parte United States, 242 U.S. 27. In what became known as the Killits decision, the Supreme Court in 1916 held that federal courts did not have the power to suspend sentence indefinitely and that there was no reason or right for the courts to continue the practice. The Supreme Court suggested probation legislation as a remedy. Establishing probation as a sentencing option in the federal courts did not happen quickly or easily. Opinion on the wisdom of doing so was sharply divided. Some federal judges were for probation, seeing it as an alternative to the sometimes harsh penalties they were compelled to impose. Other federal judges were against probation, finding it too lenient. Congress could not reach agreement on a national plan. The first bills for a federal probation law had been introduced in Congress in 1909. But it was not until 1925--and after more than 30 bills had been introduced--that one such bill became law. The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best. The Act also authorized courts to appoint one or more persons to serve as probation officers without compensation and one salaried probation officer. The first federal probation officer was appointed in 1927 in the District of Massachusetts. Initially, the administration of federal probation was the responsibility of the Office of the Attorney General in the U.S. Department of Justice. Direct supervision fell to the superintendent of prisons, who was also in charge of prison industries and parole. In effect, federal probation officers answered to two authorities. Although the Attorney General set their salaries and provided for expenses such as clerical services and travel, judges appointed them. This arrangement changed in 1940, when general oversight of the probation system was transferred from the Federal Bureau of Prisons to the Administrative Office of the U.S. Courts. Launch of Pretrial ServicesIn 1974 Congress enacted the Speedy Trial Act. Title II of the Act authorized the Director of the Administrative Office of the U.S. Courts to establish "demonstration" pretrial services agencies in 10 judicial districts. The goal was to reduce crime by persons released to the community pending trial and to reduce unnecessary pretrial detention. The agencies were to interview each person charged with other than a petty offense, verify background information, and present a report to the judicial officer considering bail. The agencies also were to supervise persons released to their custody pending trial and to help defendants on bail locate and use community services. Five of the agencies were administered by the Administrative Office and five by boards of trustees appointed by the chief judges of the district courts. President Ronald Reagan signed the Pretrial Services Act of 1982. The Act authorized expansion of pretrial services from the ten demonstration districts to every federal judicial district (except the District of Columbia). It granted an 18-month evaluation period for each court to decide whether to establish separate pretrial services offices or provide pretrial services through the probation office. Consequently, each court chose the form of pretrial services organization that best met its needs, considering such factors as criminal caseload and court locations. Expanding pretrial services to all districts marked a significant milestone for what was now the "federal probation and pretrial services system." Now officers were involved in the criminal justice process from the time a person was arrested on a federal charge until he or she completed community supervision. US Probation and Pretrial Services Milestones
Which of the following is an example of an attempt at rehabilitation by the criminal justice system?Rehabilitation. Rehabilitation prevents future crime by altering a defendant's behavior. Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling. The court can combine rehabilitation with incarceration or with probation or parole.
What are some factors to consider when attempting to fit a sentence to a crime?For instance, judges may typically consider factors that include the following: the defendant's past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.
Which of the following mandates that a prosecutor provide defense counsel with any exculpatory evidence in the prosecutor's possession group of answer choices?The Brady rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.
Which type of sentencing is based on the idea that correctional personnel must have discretion to release an offender when treatment was successful?Determinate sentences are based on the idea that correctional personnel must be given the flexibility necessary to successfully treat offenders., Judges in states that have indeterminate sentencing statutes generally have more discretion in sentencing than judges in states with determinate sentencing laws., Determinate ...
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