HISTORY OF

PROBATION
CA 2 : Non-institutional Corrections

Part II: Chapter 6

Olarte & Borongan
 LEARNING OBJECTIVES:
1. The students should be able to know the concept
and origin of probation;

2. The students should be aware of the evolution of

probation, why there is probation; and

3. The students will be educated of the forerunners

and concepts of probation.
 01
In the English common law, and prior to the advent of
democratic rule, the courts could temporarily suspend the
execution of a sentence to allow a criminal defendant to
Overview appeal to the monarch for a pardon. Even earlier, the practice
of suspending a sentence was used as early as 1830 in Boston,
Massachusetts, and became widespread in U.S. courts,
although there was no statutory provision for such a practice.

The pioneers of this most flexible and humane of penal

measures can hardly have envisaged the remarkable
development which has resulted in the employment of full-
time professional probation officers who are employed by the
national government. However, the 1970s saw the
introduction of one of probation's greatest successes, and that
is the community service.
Origin of Probation
The origin of probation can be traced to English criminal law
of the Middle-Ages. During these early times, 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, and many
of which were minor offenses.
 This harshness eventually led to discontent in certain progressive
segment of English society that was concerned with the evolution of the
criminal justice system. Slowly but resolutely, in an effort to mitigate
these inhumane punishments, a variety of measures were devised and
adopted.
In historical legal systems, various methods were employed to mitigate
harsh punishments for offenders. These included purchasing royal
pardons, lenient judicial interpretations of statutes, devaluing stolen
property to reduce charges, and methods like benefit of clergy, judicial
reprieve, sanctuary, and abjuration, which provided offenders some
protection from severe sentences.
Origin of Probation

Eventually, the courts began the practice of

"binding over for good behavior," a form of
temporary release during which the
convicted offenders could take measures to
secure pardons or lesser sentences.
Controversially, certain courts began
suspending sentences.
Origin of Probation
In 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.
Origin of Probation
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.
 Evolution of Probation
- John Augustus, the "father of probation," was recognized as
the first 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.
He liked to spend his spare moments observing what
transpired in the court, and he was disturbed by the fact the
common drunks were often forced to remain in jails because
they had no money with which to pay their fines.
 Evolution of Probation
- In 1841, 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, who was
accompanied by Augustus. To the astonishment of all
attendees in the said court, the appearance and demeanor
of the drunkard has dramatically changed.
 Evolution of Probation
Augustus convinced the authorities to allow him to pay
their fines and offered them friendly supervision. Between
1841 and 1858 he bailed out almost two thousand men,
women, and children. Augustus was sharply criticized by
criminologist for his "strange" ideas, and notably was
Sheldon Glueck. However, his efforts encouraged his
home state of Massachusetts to pass the first probation
statute in 1878.
 Early Probation Statutes
● The first probation statute was enacted in
Massachusetts shortly after the death of Augustus
in 1859 that widely attributed 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.
 Early Probation Statutes
● With the passage of the National Probation
Act on March 5, 1925, signed by President
Calvin Coolidge, the U.S. Federal Probation
Service was established. On the state level,
pursuant to the Crime Control and Consent
Act of 1936, a group of states entered into an
agreement wherein they would supervise
probationers and paroleespr who reside in
each other's jurisdictions on each other's
behalf for the common good.
 Early Probation Statutes
● Moreover, a memorandum of agreement known as
the Interstate Compact for the Supervision of
Parolees and Probationers was signed by 25
states in 1937. By 1951, all the states in the
United States of America had a working probation
system and ratified the Interstate Compact
Agreement. In 1959, the new states of Alaska and
Hawaii, the Commonwealth of Puerto Rico, and
the territories of the Virgin Islands, Guam, and
American Samoa ratified the act as well.
 Early Probation Statutes
● Formalization of the intake process was 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. In the
United States, the decision of Judge Killets led to
the passing of the National Probation Act of 1925,
thereby, allowing courts to suspend the imposition
of incarceration and place an offender on
probation.
Forerunners of Probation:

1. Benefits of the Clergy. In the 13th century it

originated in a compromise with the church which had
maintained that a member of a clergy brought to trial
in a king's court might be claimed from that
jurisdiction by the bishop of chaplain representing him
on the ground that during that time, the convicted
prisoner was subject to the authority of the
ecclesiastical court only.
Forerunners of Probation:

2. Judicial Reprieve. The judicial reprieve is practice

under English common law whereby a judge could
suspend the imposition or execution of a sentence on
condition of good behavior on the part of the offender.
Also it is the delay or suspension of the imposition of a
sentence due to an executive order, new evidence or
good behavior of the convicted offenders.
Forerunners of Probation:

3. Recognizance for Good Behavior. It is originated

as a measure of preventive justice involving an
obligation or promise, sworn to under court order
by a person not yet convicted, that, he would keep
the peace and be of good behavior. This is most
often encountered regarding bail in criminal cases.
If no recommended bail has been set, the
defendants are released "on their own
recognizance."
Forerunners of Probation:

4. Transportation. Any description to a treatment of

crime must include the system of transportation to
the colonies, which grew from the ancient practice
of banishment as a principal method of disposing of
offenders. A further economic factor was the large
profit of ship owners in transporting the convicts,
but it was also an attempt to substitute for brutal
punishment.
THEORIES OF PROBATION:
The theories of probation began as a humanitarian
effort to allow first-time and minor offenders a
second chance to live in free world. Early
probationers were expected not only to obey the
law but also to behave in a morally acceptable
fashion. Probation officers sought to provide moral
leadership to help shape probationers' attitudes
and behavior with respect to family, religion,
employment, and free time.
THEORIES OF PROBATION:
This shift brought three important changes. First,
the officer no longer primarily acted as a
community supervisor charged with enforcing a
particular morality. Second, the officer became
more of a social worker whose goal was to help
the offender solve psychological and social
problems. Third, the offender was expected to
become actively involved in the treatment.
THEORIES OF PROBATION:

During the 1960s, major social changes swept

across the United States. These changes also
affected the field of community corrections. Rather
than counseling offenders, probation officers
provided them with concrete social services such
as assistance with employment, housing,
finances, and education.
 Reference:
* Institutional Corrections Book
End of Discussion !!
Thank you for listening
♡
REPORTERS:
* Princess Pearl H. Olarte
* Shaen Mark Borongan