Probation:  Latin term:

A. Judicial Alternatives

• Benefit of Clergy:  (13th century--1827)

It came to be known as the "neck verse".

"without benefit of clergy."

• Recognizance: 

• Judicial Reprieve

• Juvenile Suspensions:

• John Augustus:  (1784-1859) Father of Probation (1841)

Augustus developed methods to

Augustus primarily worked with the same Judge Peter Oxenbridge Thatcher

A. United States

1841-1859: 

1878: 

1912-1925: 

1925

1954: 

1950-1970: 

1970's:

1980’s: 

2000:  

B. Texas:

1913: 

1947:

1965: 

1970's


1977: 

C.  Evolution of Probation:

1.  Purpose of Probation:

Burns v. United States (1932): 
"provided a period of grace in order to aid the rehabilitation of the penitent offender; to take advantage of an opportunity for reformation which if sentenced to prison would make less probable"

2.  Early Probation programs:

It was not a right but a privilege. U.S. v. Birnbaum (1970)

1970's: Reintegration Era:  probation was rehabilitation oriented.  

1980’s: Crime Control Era:  

1989:

"to impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant."

Objectives:

Protect and restore the Community
Protect and restore the victim
Punish, rehabilitate and reform the offender

A. Local or State Judiciary: 

B. State executive:

C. Local Executive:   Least common but it is one used by Texas.

D.   Texas Organization

Pre- 1977: 

1977:

1989:  Reorganized

Adult Probation Departments renamed to Community Supervision and Corrections Departments

Probation = Community Supervision

Year         Total    Probation    Prison    Jail    Parole
1980                        61%       17%      10%    12%

Texas:  

Year               Probation       Ratio     Prison

A.  Legal restrictions: (Texas)

A defendant is ineligible for probation if:

Offender may be ineligible because of

B.  Sentencing Process:

Most probation sentences are a result of a plea bargain

C. Factors influencing decision to probate:

Whether a defendant receives probation depends upon several factors:

Probation is really a contract between the defendant and the judge.

A. Term: (Texas)

B. Conditions:

In Texas, most are discretionary with a few exceptions.

• DWI offenders are required to submit to a substance abuse evaluation and attend counseling and a minimum amount of jail time as a condition.

• Special conditions for sexual assault offenders and abusers of children.

• Community service

• probation fees

• Defendant must participate in an education program designed to increase his level of academic proficiency to a 6th grade level.

Conditions usually fall in one of three realms:

A. Standard conditions:

B. Punitive Conditions:

C.  Treatment:

There are two main functions that all probation departments provide:  Investigation and Supervision

Investigative Report on the past and present circumstances of a convicted offender utilized by the sentencing judge to determine a sentence

A. Purpose (Texas)

B.  Procedure

1.   Who:

2.  How:

Most PSI's (90%) are written as the result of a plea bargain

3.  Source of information:

4.  Content

5.  Review:

In Texas, the defendant, defense attorney and prosecutor have the right to read the report prior to sentencing