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Encyclopedia > Probation
Criminal procedure
Criminal trials and convictions
Rights of the accused
Right to a fair trial  · Speedy trial
Jury trial  · Presumption of innocence
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy
Verdict
Acquittal  · Conviction
Not proven (Scot.)  · Directed verdict
Sentencing
Mandatory  · Suspended  · Custodial
Dangerous offender (Can.)
Capital punishment  · Execution warrant
Cruel and unusual punishment
Post-conviction events
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Miscarriage of justice
Exoneration  · Pardon
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice

Probation is the suspension of a jail sentence - the criminal who is "on probation" has been convicted of a crime, but instead of serving jail time, has been found by the Court to be amenable to probation and will be returned to the community for a period in which they will have to abide to certain conditions set forth by the Court under the supervision of a probation officer. General conditions may include maintaining employment, abiding to a curfew, living where directed, abstaining from unlawful behavior, following the probation officer's orders, not absconding, and refraining from contact with other individuals, who may include victims of the original crime (such as a former partner in a domestic violence case), potential victims of similar crimes (such as minors when the crime involves child sexual abuse), potential witnesses, or those who have partnered with the offender in the earlier crime. Image File history File links Gnome-globe. ... Image File history File links This is a lossless scalable vector image. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Headline text The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... This article or section does not cite its references or sources. ... It has been suggested that this article or section be merged with Jury. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... For other uses, see Double jeopardy (disambiguation). ... In law, a verdict indicates the judgment of a case before a court of law. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... Not proven is a verdict available to a court in Scotland. ... In U.S. law, a directed verdict is an order from the judge presiding over a jury trial that one side or the other wins. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ... A suspended sentence is a legal construct. ... A custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxication (especially cold... In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... An execution warrant is a warrant which authorizes the execution or capital punishment of an individual. ... “Cruel And Unusual” redirects here. ... It has been suggested that Medical parole be merged into this article or section. ... Under British criminal law, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. ... Life licence is a term used in the British criminal justice system for the conditions under which a prisoner sentenced to life in jail may be released. ... A miscarriage of justice is primarily the conviction and punishment of a person for a crime that he or she did not commit. ... Exoneration occurs when a perason waho hars beoen convaicted osf ah crieme irs laeter proved to have been innocent of that crime. ... This article does not adequately cite its references or sources. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... Probation Officers badge from the First Judicial District of Pennsylvania Probation officers and parole officers function as agents or officers of the courts. ... A curfew can be one of the following: An order by the government or by the childs parents for certain persons to return home daily before a certain time. ... This article does not cite any references or sources. ... This article or section does not cite any references or sources. ...


Usually the offender is supervised by a probation officer, to monitor their performance during the probation period. The probation officer helps the offender to adapt to living in the community; to guide and help them to behave in a lawful and responsible way.


History of probation: origins and evolution

The concept of probation, from the Latin word probatio - meaning testing period - has historical roots in the practice of judicial reprieve. In English Common Law the Courts could temporarily suspend the execution of a sentence to allow the defendant to appeal to the Crown for a pardon. Probation first developed in the United States when John Augustus, a Boston boot maker, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender, a "drunkard," for a brief period and then helped the man to appear rehabilitated by the time of sentencing. Even before John Augustus, the practice of suspended sentence was used as early as 1830, in Boston, Massachusetts and became widespread in U.S. Courts, although there was no statutory authorization for such a practice. At first, judges used "release on recognizance" or bail and simply failed to take any further legal action. By the mid-19th century, however, many Federal Courts were using a judicial reprieve to suspend sentence, and this posed a legal question. In 1916, the United States Supreme Court held that a Federal Judge (Killets) was without power to suspend a sentence indefinitely, which is known as the Killets Decision. This famous court decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of a sentence and place an offender on probation. This article does not adequately cite its references or sources. ... The historical roots of probation lie in the procedures for reprieves and pardons of early English courts. ... Nickname: City on the Hill, Beantown, The Hub (of the Universe)1, Athens of America, The Cradle of Revolution, Puritan City, Americas Walking City Location in Massachusetts, USA Counties Suffolk County Mayor Thomas M. Menino(D) Area    - City 232. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Massachusetts developed the first statewide probation system in 1880, and by 1920, 21 other states had followed suit. 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 to serve the U.S. Courts. On the state level, pursuant to the Crime Control and Consent Act passed by Congress in 1936, a group of states entered into agreement by which they would supervise probationers and parolees for each other. Known as the Interstate Compact For the Supervision of Parolees and Probationers, the agreement was originally signed by 25 states in 1937. In 1951, all the states in the United States of America had a working probation system and ratified the Interstate Compact Agreement. In 1959, the newly adopted states, Alaska and Hawaii, in addition the Commonwealth of Puerto Rico, U.S. Virgin Islands and the territories of Guam and America Samoa ratified the act as well. Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq mi (27,360 km²)  - Width 183 miles (295 km)  - Length 113 miles (182 km)  - % water 13. ... John Calvin Coolidge, Jr. ... Federal Probation Federal or United States Probation Service is a agency that services the United States District Court in all 94 judicial federal districts nationwide and consitute the community corrections arm of the Federal Court System. ... Official language(s) English[1] Spoken language(s) English 85. ... Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area  Ranked 43rd  - Total 10,931 sq mi (29,311 km²)  - Width n/a miles (n/a km)  - Length 1,522 miles (2,450 km)  - % water 41. ...


Probation began as a humanitarian effort to allow first-time and minor offenders a second chance. Early probationers were expected not only to obey the law but also to behave in a morally acceptable fashion. Officers sought to provide moral leadership to help shape probationers' attitudes and behavior with respect to family, religion, employment, and free time. They aimed to ensure that this was enforced as well, and early probationers were given the opportunity to prove themselves and possibly even reduce their sentence. Humanitarianism is the view that all people should be treated with the respect and dignity they deserve as human beings, and that advancing the well-being of humanity is a noble goal. ...


During the 1920s through the 1950s, the major developments in the field of psychology led probation officers to shift their emphasis from moral leadership to therapeutic counseling. 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 clinical 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. The pursuit of rehabilitation as the primary goal of probation gave the officer extensive discretion in defining and treating the offender's problems. Officers used their judgment to evaluate each offender and develop a treatment approach to the personal problems that presumably had led to crime. Many states offered to dismiss or expungement of the conviction if the probationer fulfilled the terms of the probation. Psychology (from Greek: ψυχή, psukhē, spirit, soul; and λόγος, logos, knowledge) is both an academic and applied discipline involving the scientific study of mental processes and behavior. ... A social worker is a person employed in the administration of charity, social service, welfare, and poverty agencies, advocacy, or religious outreach programs. ... Expungement is often equated to the sealing or destroying of legal records. ...


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. This emphasis on reintegrating offenders and remedying the social problems they faced was consistent with federal efforts to wage a "War on Poverty." Instead of being a counselor or therapist, the probation officer served as an advocate, dealing with private and public institutions on the offender's behalf. To meet Wikipedias quality standards, this article or section may require cleanup. ... Therapy (in Greek: θεραπεία) or treatment is the attempted remediation of a health problem, usually following a diagnosis. ...


In the late 1970s the orientation of probation changed again as the goals of rehabilitation and reintegration gave way to "risk management." This approach, still dominant today, seeks to minimize the probability that an offender will commit a new offense. Risk management reflects two basic goals. First, in accord with the deserved-punishment ideal, the punishment should fit the offense, and correctional intervention should neither raise nor lower the level of punishment. Second, according to the community protection criterion, the amount and type of supervision are determined according to the risk that the probationer will return to a life out of compliance with the law. For non-business risks, see risk or the disambiguation page risk analysis. ...


See also


  Results from FactBites:
 
Probation officers and correctional treatment specialists (1607 words)
Probation and parole agencies also seek the assistance of community organizations, such as religious institutions, neighborhood groups, and local residents, to monitor the behavior of many offenders.
Probation officers and correctional treatment specialists work with criminal offenders, some of whom may be dangerous.
Employment of probation officers and correctional treatment specialists is projected to grow about as fast as the average for all occupations through 2014.
  More results at FactBites »

 
 

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