Probation

Probation is a period of supervision over an offender, ordered by a court instead of serving time in prison. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole.

Overview

Probation first developed in the United States when John Augustus, a Boston cobbler, 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 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. At first, judges, most notably Peter Oxenbridge Thatcher of Boston, used "release on recognizance" or bail and simply failed to take any further legal action. In 1878 the mayor of Boston hired a former police officer, the ironically named "Captain Savage," to become what some recognize as the first official probation officer. 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, in the Killets Decision, held that a Federal Judge (Killets) had no discretion under the Federal Probation Act when he suspended a sentence indefinitely. This decision led to the passing of the National Probation Act of 1925, thus, allowing courts to suspend the imposition of incarceration and place an offender on probation. Probation developed from the efforts of a philanthropist, John Augustus, who looked for ways to rehabilitate the behavior of criminals.

Types of Probation

Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison. In some jurisdictions, the term probation only applies to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

Probation Revocation

Probation revocation is the process by which a judge may determine a violation of probation conditions has occurred. At a probation revocation hearing, a sentencing judge may impose significant penalties, such as heavy fines, extended probation, jail time, or more.

See Also

• Parole
• Community sentence
• Suspended sentence
• John Augustus
• National Probation Act

References

Probation Resources
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