Running head: PROBATION IN THE CRIMINAL JUSTICE SYSTEM

Probation in the Criminal Justice System

Brittany Banks Georgia Southwestern State University

PROBATION IN THE CRIMINAL JUSTICE SYSTEM

The criminal justice system has led many offenders through the process of arrest and released them back into society. One of the ways of releasing them is through community sentencing probation a criminal sentence that suspends or delays a correctional term in a prison or jail (Seigel 367). Probation is offered as an alternative to incarceration; through supervision, offenders are allowed to return to society in hopes of a fresh start. So how did probation begin? Lets take a trip back into the Middle Ages where offenders were punished in the most severe ways- through executions. In those times, when offenders committed a crime that seem less deserving than the law, judges would grant leniency through judicial reprievepunishment until new facts were presented or changed behavior displayed from re-entering society. Sureties, known as today, probation officers, made themselves available in efforts to keep offenders accountable for their actions. Among, some of the historical transition in the early criminal justice system, John Augustus, who was a surety, help developed todays approach of probation. Under Augustuss custody and supervision, he reformed behaviors of 2000 men, by helping them get jobs, which kept them occupied and kept them from incarceration. Augustus success rate was so great that it in inspired that state of Massachusetts to implement a probation system. Shortly afterwards, states began to adopt the probation system; which led to the official placement of probation in federal government. After the development of federal probation in 1925, probation became a popular technique to supervise and gain social control. The Administrative Office of the United States developed and implemented policies and budgets for creation of decentralized system. The AO work[ed] with individual officers to achieve the goals of protection and recidivism reduction (Alexander 2008)

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Probation is a contractual agreement that allows offenders to remain in the community, contingent only if they abide by probation rules. Probation is granted to offenders as a second chance by the state or federal courts. It can be recommended by a jury, but, it has to be granted by a judge. There are nine stipulations that judges have to consider when awarding or denying probation to offenders such as how was the crime committed, the seriousness of the crime, and if the offender was violent or cause any harm. After taking these circumstances into consideration, judges may grant probation in two different ways. A judge may formulate a prison sentence and then suspend the sentence if the offender agrees to comply to probation rules, or a split sentence is granted- offenders spends some time in prison and then released in the community on probation. A probationary period is time given to offenders based on the seriousness of crimes. For example, misdemeanors times are extended for jail time, meanwhile, warrant probationary periods are shorter and are granted to those who committed felonies. Each probationer is given conditions that are set by the courts; these rules are set in place, in hope, that offenders will not commit another crime and will reform his or her behavior. Once probation rules are set in place, probation officers may not change conditions unless given permission by the courts. All conditions are set to fit the crime committed, thereby, cruel and harsh conditions are prohibited. Typically, probationers are restricted to city limits, not allowed to make contact to victims, maybe required to attend classes befitting the criminal activity. If conditions are not met by the offender, then probation will be revoked and incarceration or suspended sentence will be reinstated.

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Who is eligible for probation? Probation is extended to those who were involved in non serious crimes, and will be supervised as a means of rehabilitating their behaviors. More recently, probation has been used as a tool to decrease overcrowding in prisons, thereby making serious criminals eligible for probation. According to lecture, it costs $22,000 dollars to keep an inmate in prison; in comparison probation is cost effective. This holds true in juvenile cases; eligibility for probation is extended to the juvenile who has no prior record, mental health patients who need treatment, or if offender was persuade to commit a deviant act. Each probation office is comprised with Chief Probation Officer and Probation officers, who works diligently and close knit to the judges, who set guidelines for probationers. The Chief Probation Officer is managerial positioned to supervises hiring, determines training needs, and may personally discuss with recommended sentencing to the judges (Seigel 372). Probation officers, who are known as line staff, perform major duties in the department. Among many of their functions, line staff monitor assign cases, reform behavior through special treatments such as anger management or drug rehabilitation, supervise offenders daily living status which enables the courts to make effective decisions, and determine whether further steps should be taken. There are two types of probation officers; the social worker and the law enforcer. The social worker display behaviors toward reform and rehabilitation. The objective is to help the offender transition from criminal to civilized, whereas the enforcer demonstrates authoritative means of supervising and executing controls. There are five steps that every probation office must take to develop a specialized plan for the probationers. They are as follows: investigation, intake, diagnosis, treatment

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supervision, and risk classification. Investigation is the first step that probation officers take to consider probation for probationers. This step allows probation officers to look further into offenders background and daily living to determine any factors that led to criminal activity. These facts are based upon the offenders race, age, and gender. They even take a look at the offenders criminal history. The pre-sentence investigation is imperative in helping the courts decide the criminal fate of an offender. Secondly, intakes are interviews that allow Probation Officer to skip court hearing. During an intake, Probation Officers are able to determine a plan such as fine or placement on probation; plans contingent upon the help of police officers and defendants. If at any case, the probation officer is not able to develop a plan for the offender, then case must be heard by a judge and sentencing happens thereafter. Thirdly, diagnosis is the planning stage of probation. It allows probation officers to develop treatments that will fit the criminal behavior or actions. Effective diagnosis are compiled and learned from the investigations and observations of the criminal. Fourthly,

supervision is the stage where plans and treatments are executed. The execution of supervision is not only imperative for the offender, but it very sensitive for the probation department. Probation officers have to be careful during this stage, because probationers can become a civil liability. For example, spouse abuser, who works at a liquor store, beats up his girlfriend; the probation officer and the department would be held accountable for failure of incorrect monitoring. Risk classification is the fifth step, but the most important one. During this stage, two factors are assessed: the risk the offenders may cause to themselves and the risk the offenders may cause to the community. These two factors are considered based on the offenders particular situation and altered to their particular needs. Some offenders may need

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supervision every day, whereas nonserious offenders every other day.

Offenders criminal

history, community, and neighborhoods are considered during risk assessment. Cromwell has shown how offenders background and neighborhood increase the rate of criminal activity. If one has grown into an impoverished neighborhood and is returned to that same community, it is likely that the offender may repeat criminal activities. Studies have shown that risk

classification has proven to be effective and has created room for improvement. Do probationers have rights? Probationers have limited civil rights and revocation rights. Each limited right was developed through many past court cases such as Minnesota v. Murphy (1984), Griffin v. Wisconsin (1987), and United States v. Knights (2001). For example, if an offender admits or tricked to admit to criminal activity the Probation Officer can release that information to proper authorities. A probationer homes maybe searched at any time without a warrant if it evidence to criminal activity or misconduct. During the revocation process, probationer receives a forewarning that probation is being revoked. They also notified that court appearance is necessary, and if the charges are upheld they will be institutionalized. It is less likely for departments to revoke probation, due to probation officers are so adamant about the success of probation. So is probation successful? It much more expensive to incarcerated an offender then to grant probation. There is about a $23,000.00 difference in incarceration and probation, with the cost of probation standing at $2,000.00. Placing an offender on probation, allows a second chance to be in the community and continue daily living, with limited privileges. According to lecture and statistics, National data indicates that about 60 percent of probationers successfully complete their probationary sentences, while 40 percent are rearrested, violation probation rules, or abscond. Felony probation results for success rates differed from that those who committed

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minor crime. The RAND Corporation reported that 65 percent of felons, who were place on probation, return to their familiar criminal ways and was sent back to prison. This study suggested that felons who failed to comply with probation rules should have been in prison from the beginning. What determines the success and failures of offenders on probation? Probationers success or failures depends solely on their background and adaptation to their surroundings. A probationer who has settled down in to the American lifestyle such as marriage, children, home, and steady employment are more likely to succeed their probationary sentence. Female probationers who are stable and male probationers, who committed sexual offenses surprisingly, complete probation. Unlike the probationers mentioned above, young males who live in impoverished communities possess a criminal history, and remains inconsistent will likely fail probationary sentencing. It is difficult to comply to probation rules, if there are attachments through social bonds with the community. This is where strain theory plays a role, because many offenders are restricted to lower classed neighborhoods; few offenders are able to escape that environment. Many of these offenders come from homes that were not stable. For example, most offenders come from homes where parents were incarcerated, and offenders were probably forced to live in a foster home. Offenders could be victims of drug, sexual, or physical abuse which led them to be deviant. Once they become a part of the criminal cycle it is hard to be relieved from it. As time progress, probation will most likely transition from traditional probation and evolved into a new phenomenon. Probationers will be required to pay, hot spot probation will develop, and probation officers will focus on the crime in their own area. Among those changes,

intermediate sanctions are on the up rise and they are changing modern day probation.

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Intermediate sanctions are ordered by the probation officers such as house arrest, electronic monitoring, restitution, and many others. Intermediate sanctions have many advantages;

among them all I think that the meaningful ladder of scaled punishments is the most important (Seigel 382). It is there to ensure that all probationers will be treated fairly and according to the crime committed. The goal is to rehabilitate not provoke probationers to return to their old ways. So what are the success and failures of intermediate sanctions? Fines are monetary installments that are to be paid by the offenders for deviant activities. Fines are used in minor crime cases, which include court costs to levy punishment through finances. Many of the fines go unpaid because offenders simply cant afford them, leading them to incarceration. I think that number would decrease if judges investigated offenders financial status, which would result in effective probation sentencing and a decrease in overcrowding jails or prisons. The same results remain with Day Fines which is unfair to offenders; if they are unable to pay then they lose their probation rights. Day fines are determined by the severity of the crime and the offenders net income. In my opinion, day fine does not really work and are unnecessary. It places offenders back into the hands of the criminal system. Restitution is another immediate sanction that has been put into play. In this case, restitution is used to repay society or the victim for the damage caused. It may be in the form of monetary repayment or community service repayment. Restitution is a substitute for time spent in jail or probationary sentence. In cases of rich offenders, judges order the offender to take a low wage job to pay off debt, such as a community service project. Restitution is beneficial to the courts, probation officers, and especially the community. Any sanction is better than paying for one to be incarcerated. Studies have proven that restitution works and is successful technique utilized by the Criminal Justice System.

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Another method of intermediate sanction used by a probation officer is house arrest. House arrest is used to keep offenders confined in their home for a certain period. This usually includes a number of supervised visits during the week. Although offenders are supervised and

ordered to stay within their home, ten percent of them do not leading them to be incompliance to their probationary sentence. Although this method has decreased overcrowding and jail expenses, however, it has not proven to be successful. Electronic monitoring and house arrest play hand in hand. Besides face to face contact and telephone contact, leg devices are an additive to supervision amongst the techniques of the probation department. The devices are worn around the ankle, wrist, or neck. (Siegel 388) The devices will monitor the coming and the going of the offender. Probation officers should always know the whereabouts of their probationers through electronic monitoring because it sends a signal to the departments computer system. If the offender steps outside of set zone,

the monitor will make a sound and the computer system or in some cases telephones will receive an alert or a violation. While all agree that electronic monitor is less costly, some disagree on its effectiveness. Some probation officers reported that this type of supervision worked great, while others state that offenders repeated criminal acts or committed more serious crime. According to lecture, probation is humane and helps offenders maintain in the community. I think that it is useful because, probationers are able to keep family bonds, in result, may lead to success of never returning to prisons. In addition, we discussed that probation offer treatments such as community, mental health, and substance abuse counseling, in which all three of the mentioned are underline reasons of crimes committed. In my opinion, having to report probation officers, creates accountability and responsibility for the offender, which will lead to success of never returning. Community sentencing is one of the most widely used

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techniques that exploit all means of social security. It is not only great for social control, but it allows non serious offenders and some serious criminals a second chance. I believe that all offenders should be given a second to chance to achieve goals and to become civilized in their community. This is chance to prove that all criminals, do not remain the same, but can turn away from a criminal lifestyle to live the American dream. It also gives offenders a chance to rehabilitate their behavior but in some case repay the community. It gives us a chance to save money instead of supplying 25,000 for one prisoner per year. Lastly, I think it gives offenders a chance to learn from their mistakes and to develop a better perception of self.

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References
Seigel, Larry J. . 2009. Essentials of criminal justice. , .

Alexander, Melissa & VanBenschoten Scott (2008). The Evolution of Supervision in the Federal Probation System. Vol. 72 No. 2, 15-19. Intermediate Sanctions. Journal Chapter 2, 5-17.