Module II:

Probation

Pamela Ciriaco, Rcrim

01
Probation
 Predecessors of Probation

01 02 03
Introduction
Money Compensation Cities of Refuge Benefit of the Clergy

04 05 06
Judicial Reprieve Banishment Recognizance
Money Compensation
A precursor of our use of fines and restitution today, introduced
by the Laws of Babylon, Greece and Rome, for those crimes which did
not affect the safety of the state. Slaves having nothing of value to offer
as compensation received unmitigated cruel punishments.
Cities of Refuge
Sanctuaries where the accused was safe pending an
investigation of his criminal responsibility, introduced by the Jewish law
for those who killed without premeditation. The Jews also gives some
consideration for the individual in lesser penalties for impulsive offenses
than for planned murder.
Institution providing safe accommodations.
Benefit of the Clergy
Dating back to reign of Henry Il in the 13th century, it
originated in a compromise with the Church which had maintained that a
member of the clergy brought to trial by a King's Court might be claimed
from that jurisdiction by the bishop or chaplain representing him, on the
ground that he, the prisoner, was subject to authority of the ecclesiastic
courts only.
An immunity by which clergymen accused of felony, could be
tried only in their own courts.
Judicial Reprieve
A temporary withholding of sentence, practiced by the English
Court in the early 17th century, where they grant reprieves to prisoners
under sentence of death on condition that they accept
deportation/transportation.
Suspend the implementation of an offender's sentence to avoid
an injustice.
Banishment
Any description of the treatment of crime in England must
include the system of transportation to her colonies, which grew from the
ancient practice of banishment and flourished for more than 200 years as
a principal method of disposing of offenders.
Requires the convicted person to leave the city, county, state, or
country in which they are charged.
Recognizance
The direct ancestor of probation, means "binding over for good
behavior." An ancient practice developed also in England in the 14th
century, originated as a measure of preventive justice, involving an
obligation or promise, sworn to under court order by a person not yet
convicted.
02
Pioneers in the
Field of
Probation
HISTORY OF
PROBATION
FOREIGN COUNTRIES
Matthew Davenport Hill
 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
 Father of Probation in England
John Augustus
 a Famous shoe maker from Boston, is recognized
as the Father of Probation in America after
asking a court in Boston in 1841 to remand a
common drunkard into his care instead of
incarcerating the man.
 first true probation officer
Edward Savage
 former Chief of Police in Boston who became the
First Probation Officer in employed by the US
government.
Governor Alexander H. Rice
 signed the first Probation Law in America which
was passed by the legislature of Massachusetts on
April 26, 1878.
Samuel June Barrows
 began to campaign for a probation law after his
appointment as Secretary of the Prison
Association of New York. A Unitarian minister
and editor of the Christian Register, he became
one of the founders of the Massachusetts Prison
Association in 1889 which took an active part in
extending probation in New York, the fifth state
to provide for adult probation.
US President Calvin Coolidge
 signed the Federal Probation Act which became a
law on March 4, 1925
US Chief Justice John Marshall
 exercised the earliest instant use of discretion in
modifying the prescribed penalties and gradually
developed more humane methods of dealing with
law violators.
HISTORY OF
PROBATION
PHILIPPINES
Teodulo Natividad
 Former NAPOLCOM Commissioner
 Former Congressman of Bulacan
 PRESIDENTIAL DECREE 968
 Appointed as the First Administrator of PPA
Ferdinand Marcos
 PD 968 was signed into law by Former President
Marcos on July 24, 1976.
TIMELINE
PROBATION
 1972 - Teodulo Natividad and Ramon Bagatsing filed House Bill 393
 1975 – Teodulo Natividad was elected as the first Filipino Vice President
 April 24, 1976 - Congressman Teodulo Natividad, drafted PD 968
 July 24, 1976 – the said Decree was signed into law by Pres. Ferdinand
Marcos
 January 3, 1978 – took effect; considered as alternative to imprisonment.
 November 23, 1989 – Probation administration was renamed Parole &
Probation Administration