The History Of The Probation Process Criminology Essay

The History Of The Probation att dismiss Criminology EssayThere is non a single idea about what constitute probation, s automobilece there argon clear indications about the idea that every last(predicate) probation practices and systems to match and aline development of place and time in footing of economic, cultural, criminal nicety and political philosophies while preserving few key elements of its origin and in more or less all cases, orientation and professional identity of probation officeholders.Across the world, probation is in a state of state of flux or a state of crisis, although to variable reasons and switching degrees in some cases. An introduction of probation and further development, criminal referee system should be developed on existing companionable complaisant system and it moldiness in any case be shop ated by change stateing to kick upstairs what is already there. It should non be taken as external etymon to internal criminal legal exp ert problems, (Hink, 1961) governance or penology, and it essential be taken as a possible frame tame into which locally feasible and desirable solutions whitethorn be fitted.For potent process of probation, there must be planned introduction of probation, as an effective, non custodial sanction and cost efficient, the following paper presents history of probation, in case of probation process, reas peerlessd pre-conditions and legislative pre-conditions should all be established or exist either in lawfulness, process or policy in professional rules of practice, Process of probation, difference among stately, informal, infringement and felony probation, and in the last it presents leading theories politics probation process and which alternatives clear improve the process of probation.Probation process and historical rootOrigins of probation potty be traced back to early English practices, and this practice in stages developed until 19th century. Several countries m ade significant contributions during 1880. Probation process began to get together acceptance in United States of America during 1870s. Essentially it developed from the source of twentieth century, while many reasons with varying degrees, throughout Europe and unification America. The process of probation has its roots from two distinct origins, civil and common law, but the historical development of probation also influenced by the development of infantile referee system positivism in ideologies of require (Blumberg,1979) outside of criminal justice system and criminology. As opposed to repression, from historical perspective evolution of probation reflects tightness between control, c ar and custody, individualism and discretion versus legalism and reintegration. From 1800s to present time, probation process officers puddle been trying in unlike ways to remake, (Hink, 1961) reform, re fond organisation and remould the lives of offenders into good, law bidding and honest citizens. After World War, II it was strides in legal age that made that led to the development of modern and complex probation military armed service structure that exist now. It was the optimistic views that exist at that time, in the efficiency of mixer work with offenders to achieve probation officers and perfectibility of man in 1960s that were part of a criminal justice system, which was moving toward the rehabilitative ideal. Method of social work, casework was utilize for rehabilitation of offenders was attempted. In the coming years, other techniques were used by probation officers, much(prenominal) as including group work, task centered work, community work, manneral contracts, family therapy, behavior modification, reality therapy, and social skills and so forth Probation service was standing at the rattling heart of penal practices and policy twenty atomic number 23 years agone from now. The emphasis was on rehabilitation, re garmenttlement, social case work an d individualism, social work and reintegration approach to social problems. The prevailing problem of crime was understood as problem of families and individuals, and families in the need of help and support of communities that were disadvantaged and disorganized. The contract of intention was not only crime itself but the instant criminal offence being a matter of mostly legal concern, instead the social and personal problems that underlay this criminal behavior. (Best, Birzon,1962). Crime was a trigger for intervention, a presenting symptom, rather than probation officers focal point action. It was the probation service that led bureau carrying ship a progressive program for controlling the crime, through social intervention. It was the avant-garde of effort to humanize and rationalize practices of penal to use expertise, social work techniques, trained clinical judgment, and criminological knowledge to deal with crime. For instance, it was drew support and part of the proje ct of welf be state, with its concerns for solidarity through state inclusiveness, (Blumberg,1979) integration, provision etc. and with distinct rationality, a habit of thought that looked for social problems and solutions to deal with any emerging problem and a style of reasoning. The process of probation has also been a part of power dealing and wider structure of organizations. This part of power relations gave the enormous prestige and authority to professional expertise. With the expansion of personalized social services, and creation of extensive social work, the professional society reached its halcyon old age in 1960s. In the process of creation of extensive social work, network, probation service was featured as s long established and highly practised agency, (Hink, 1961) deriving authority from the court-based functions as well as its credentials of social work. In professionalized context, social problems including family breakdown and resettlement, crime and delinquenc y that undeniable social solutions and trained professionals and social workers. At an accelerating pace over last five years and over last two decades, field of criminal justice and criminal control, has been reconfigured in important ways. Although its relation to process has been, problematic that variety was deeply implicated by probation service. The philosophy and movement underpinning it that followed created a flip towards human containment and deterrence as motivation in sentencing. A justice model emerged in late 1970s and early 1980s, as did the impression of just deserts. (McEachern, Newman,1969)In 1990s deprivation or incapacitation of liberty became the methodology followed by alternatives of alternatives to imprisonment, another correctional philosophy evolved, a combination of all previous philosophies but on that relies greatly on risk control techniques within crime reduction activities.Process of ProbationIn the probation process, if a defendant pleads guil ty, no contest, or is found guilty, the judge may request investigating for pre-sentence probation incision. In the process of compiling the investigation, an interview of defendant is conducted by probation officer, provided reviews the criminal history and personal background information, (Hink, 1961) contacts the victims if institutions ar involved, after this recommendations for sentencing ar made to judge. On the basis of this information, defendant may be sentenced by judge for up to one year. It is the responsibility of probation officer to monitor and tick the compliance with conditions orders by judge. If there is non-compliance with terms and conditions it will probably result in further actions by court. These actions may include imposition of suspend jail time or fines. Juveniles may be sentenced to detention for failing to comply with court orders. (McEachern, Newman,1969).Probation sentence may include following conditions be of court or FinesThe person who i s facing the probation will be answerable for salarys of fees, fines, court be imposed on that unique(predicate) case. Judge can impose $999 as maximal fine, depending on the basis of fibre of offense. (Best, Birzon,1962) The probationers turn in the option of performing community service in military position of payment of fine, fees and costs.Detention / JailJudge has authority to order to probationer to reply a jail sentence, depending on the type of offence. Moreover probationers who failed to comply with terms or found in violation of probation terms and conditions of their sentence may found in contempt of court and sentenced to jail or detention. theme detentionIn case of violation of probation, violating probationer may nervus home detention. He will wear electronic ankle gewgaw that monitors and ensured the probationers whereabouts. Probation officer will be notified immediately if probationer moves outside the hold of his home, in this case, probationer is subj ect to further court action.Community swear outFor young and adult, probationers to comply with mandatory service hours of community and they must also have option to perform community services in lieu of payment of their fines, fees, and costs related to probation. This community service must be performed at charitable and non-profit agencies. All young probationers under age of 17, are required to perform related community service hours through department f probation that are supervising the community service program. Probationers with age of 18 years old, have option to select community service agency on their own. A list of city department and non-profit agencies that utilizes the community service work program is available online.Life Choices Educational ClassesProbationers are required to attend court mandated classes, who are under the age of 25, presented by passage Beat program and designed to help the adults and young people to set goals and gain success. These mandated classes encourage the probationers to examine decision-making process that led them to have coercive life skills. Mandated classes are also offered in Spanish.CounselingProbationers may be required to comply with court coherent treatment and counseling who are assessed to be experiencing substance abuse or mental health issues. run of counseling are also available through county agencies or privately. braggart(a) probationers who present substance abuse issues. These issues of substance abuse can be referred to weekly substance education group, with which department currently contracts.RestitutionIn case of victims except traffic violations, probationer may be ordered by court to compensate the victims for out of pocket losses. A fundamental of $8,805 was collected in the form of restitution in 2011.Breathalyzer Tests and medicine UrinalysisProbationers with substance abuse may be required to kick downstairs random alcohol breathalyzer tests and drug urinalysis test. This test ing procedure is administered by several local vendors in Longmont.Probation OfficersRole of supervision is to make do defendants while remaining in the community. Standard size of caseload may vary from 45 to 300 individuals according to locale. Caseload sizes are increasing depending on fiscal considerations, as departments leave some probation officer position vacant. Some specific caseload sizes are legislated but cannot surpass those limits.Supervised ProbationSupervised probation is also cognise as formal probation. Supervised probation is granted to an offender who must communicate in a person to his or her probation officer. Formal probation is used in case of more serious offenses. Under the jurisdiction of probation department, all adults fixed on formal probation. (Stalans, Yarnold, Seng, Olson, Repp, 2004) Probationers under supervised probation are required to wear out in with an officer, strict conditions of probation and subject to home visit. Supervised probatio n is also searchable type of probation.Non-supervised probationNon-supervised probation also known as outline probation, court probation or called summary court probation. Both federal and state government place formal probation on individuals, to determine if a defendant will be located on formal or informal probation, Sentencing guidelines may apply to some extent, the judge has some sentencing leeway. Offenders will receive informal probation on acts such(prenominal) as violation of traffic rules or certain misdemeanors. Traditionally, informal probation does not include searchable probation the person having the condition of searchable probation may have their home, person and car searched by law enforcement. . (Best, Birzon,1962) People on non-supervised probation, do not assume with a probation officer and also they are not monitored. Probationers under informal probation are asked to report to judge periodically. Informal probation has terms such as attending any drug or alcohol treatment program, or to complete community service requirements. This type of probation is of short duration may be of one month. After the probation is over, it means that offender has fulfilled the terms of sentence.The differences between felony and misdemeanor probationThe difference always does not clear between felony and misdemeanor probation from state to state in disparate countries and U.S as well. If we entreat to define the misdemeanor probation, it can be defined as maximum length of time a person can be lag for the committed crime, this period usually no more than one year, whereas in case of felony, minimum time of imprisonment is one year. So it can be said that any crime that is not felony, is a misdemeanor by nature. (Stalans, Yarnold, Seng, Olson, Repp, 2004) In case, if property is stolen or purposeful damage has been make to property, charge of misdemeanor or felony will be discrete on the basis on the basis of dollar amount of damage or missing pr operty. For instance, if any person incurs purposeful damage in Arizona, that costs under $250 dollars or charged with misdemeanor. If however, the damage is between $250 $2000 USD, the charge is mostly aclass 6 felony. Higher amounts of damage may up the class of the felony and result in more time in a penitentiary.Leading theories governing the probationary processFrom the past three decades, the jumper lead for effective application of parole and probation process have received kindly mention in practitioner circles. By zero tolerance for behaviors that are better characterized as nuisances than as precursors of criminal acts and desire to appear concentrated on crime via harsh punishment, implementation of probation and parole has been fragmented or nonexistent and also subject to political sentiments. Some practitioners and policy makers trade increased violations as a public safety enhancement flush though there is no evidence to support this belief.The role of probatio n officer is very critical in effective process of probation he is the one who makes sure the successful implementation of policies, procedures and laws about probation. There are different categories of probation officers and have different duties according to their roles, but some general duties are commonly shared by all categories. From start till the end of process of probation, probation officer remains critical in the process. He must conclude the probation case while including all the key information and exposit of probation process, causes and implications on that case by law and their implementation in an effective way.ConclusionProbation process is an effective element to reduce criminal activities in a society. Probation process aimed at not only punishing the offenders but it also delivers policies that are concerned about correction of society and individuals who are causing disturbance in the society. There are also different categories of penalties and imprisonment (Whitehead,1987) depending on the age of the offender, and this so good, as imprisonments have been decided about while keeping in view it psychological bushel on the offender. Probation process is necessary for affective implementation of laws and policies about function and safe functioning of societal process.