Strictly for Internal Circulation - KCL ASSIGNMENTS ASSIGNMENT: 1 PROBATION Probation is suspension of sentence of an offender on certain conditions with permission to remain in the ‘community, subject to the control of the courts, and under the supervision and guidance of a probation officer. ‘Thus, probation involves: The withholding of imprisonment of the convicted offender. Conditional release. ese Permission to live in the community. 4. Tolive inthe community under supervision. The suspension of sentence may involve either suspension of the imposition of sentence or suspension of the execution of sentence. In some countries, the ‘execution is suspended’. However, in India, the ‘imposition’ itself is suspended, which means that on revoking probation, the courtis in a position to impose any sentence on him for the original offence he had committed. Many courts, after suspending sentence, release the offender without supervision in the community. Some scholars believe that release without supervision is not probation because the purpose of probation is to provide assistance, to the offender in his efforts to adjust himself in the community, and that assistance can be provided only by a probation officer. Probation Offi ers Aprobation officer is the most important single element in the probation system. In fact, the success of the whole system depends on the efficiency and dedication of probation officers. Probation officers are charged with responsibilities, social investigation and supervision. Social Investigation Itinvolves investigating the social background of the accused person, his current situation, his personality and the forces which prompted him to commit crime, Supervision The strategies adopted by a probation officer for supervision include his meeting the probationer in his own home without being constrained by the excessive inhibitions of bureaucracy. Itis a process in which social services and counselling are used to help the probationer to help himself towards an acceptable adjustmentin the community, and itis supported by authority of law. Arguments in Favour of Probation ‘There are following advantages of probation: 1) The probationer leads a normal life in the community. 70Strictly for Internal Circulation - KCL 2) The probationer is not a liability on the state like a prisoner but supports himself as well as his family members economically. 3) Probation mitigates the adverse consequences of imprisonment. 4) Heis not alone in his efforts to reform himset but is assisted by a probation officer who guides and advises him from time to time. 5) Itcosts the state less to keep an offender on probation than to confine him in a prison. Objection to Probation 1) Probation is not a form of correction but itis a form of leniency which pampers an offender. 2) Probation enables an offender to avoid punishment which is necessary not only as a deterrent to crime, but also for maintaining law and order. 3) Itis not correct to say that since the offender lives in the community, he continues to bea threat to it and society remains unprotected. Here itis overlooked that only selected offenders are released on probation and in a number of cases, there is investigation of his background and supervision over his conduct during probation. 4) Though there is some logic to the argument that on being released on probation, the offender returns to the same environment in which he committed crime yet in a large number of cases, there is supervision by a probation officer over him, who guides and advises him and thus serves to modify the situation. 5) Social investigation is ordered by the courts wherever itis considered necessary. 6) The insufficient number of probation officers and their heavy work load are deficiencies in the implementation of the programmes and not the failure of probation system itself. In view of great advantages of probation, the solution is not the abandonment of probation but the elimination of the conditions which make its use difficult. Effectiveness of Probation Isitnecessary? It is necessary for effective probation as it is necessary for reformation of the those people who have committed the crime for the first ime so as they could improve themselves and they could adapt to better social life, We should treat offenders as we treat defectives in the hospitals and in this social sense make grants of aid to the state as it makes grants for the furtherance of education, building of roads etc. In case of probation, offender receives lenient penalty than he would have received under a retributive or deterrent philosophy. Rehabilitation means an offender would be released on [probation under some condition and in other cases it means that he would serve a relatively longer period in study to undergo treatment or training So, probation should be encouraged as it is good for the development of our country. First time offenders. should be released by ascertaining the conditions under which he has committed the crime because mostly conditions under which a young person or any other person commits crime may be unemployment, hunger, mStrictly for Internal Circulation - KCL poverty etc. So, first of all we should try to remove these anti social elements from our society because of which people commits crime. Under probation, ifthe court foresees that a person can be improved then the court should try to release that person on the terms that he would not committhe crime again and should try to help that person. Probation isalso necessary to encourage the reformative theory. 72