Probation in the United States

A criminal sentence that allows a person to return to the community under supervised release. Probation is an alternative to imprisonment and is applied to almost two-thirds of sentenced offenders in the United States. Control is maintained over the offender by an agent of the court called a probation officer. Judges are permitted substantial latitude in placing offenders on probation. Legislatures typically make probation the minimum sentence for most offenses, although probation for certain violent crimes is often prohibited.

Probation is a conditional sentence. It is often used in conjunction with other sanctions such as fines, restitution, community service, or treatment for chemical dependency. Other conditions, such as maintaining employment or frequent contact with probation officers, are attached as well. If any of the conditions of probation are not met, it may be revoked by the sentencing judge. Prior to revocation, hearings must be held to establish that conditions of probation have been violated. A probationer is entitled to assistance of counsel as a matter of right at such hearings. If probation is revoked, the offender is typically sentenced to a term of imprisonment.

Analysis and Relevance

The principal contemporary rationale for probation as a criminal sanction is the belief that many offenders should not be sent to prison. For the young or first offender and those convicted of nonassaultive crimes, prisons may constitute an overly harsh punishment. It is also true that for many offenders, supervised release provides greater likelihood of rehabilitation. This has been particularly true of the youthful offender. Indeed, there is evidence to suggest that sending young and/or first offenders to prison only heightens their inclination to engage in criminal behavior. Furthermore, less experienced offenders often learn how to become more proficient criminals by interacting with repeat offenders or those convicted of violent crimes. Probation also lessens the demand on already limited space in corrections facilities. Probation allows corrections officials to reserve detention facilities for the more serious offenders, those for whom rehabilitation is no longer a realistic probability. Finally, detention of offenders is substantially more costly than supervised probation. Supervised release is certainly not failsafe, however. Indeed, public opinion reflects dissatisfaction with probation when a person on probation commits another crime. [1]

Probation Definition

The evidence which proves a thing. It is either by record, writing, the party’s own oath, or the testimony of witnesses. Proof. It also signifies the time of a novitiate; a trial.

Probation in the context of Juvenile and Family Law

Definition of Probation, published by the National Council of Juvenile and Family Court Judges: In adult or juvenile court, a disposition which allows the defendant or the minor to remain at liberty under the supervision of a probation officer, frequently with a suspended commitment or sentence of imprisonment and usually requiring compliance with certain stated conditions.

Probation in the Criminal Justice System

This section covers the topics below related with Probation :

Parole and Probation

Probation Definition in the context of the Federal Court System

A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision of a probation officer, who makes certain that the defendant follows certain rules (e.g., gets a job, gets drug counseling, etc.) (2) A department of the court that prepares a presentence report in a criminal case.

Leading Case Law

Among the main judicial decisions on this topic:

Parole, Probation, and Mandatory Sentencing (Three Strikes Law)

Information about this important court opinion is available in this American legal Encyclopedia.

Ewing v. California

Information about this important court opinion is available in this American legal Encyclopedia.

Probation and Probation Violation in Juvenile Law

In this context, Probation Violation information is available through this American legal Encyclopedia.

Probation

In Legislation

Probation in the U.S. Code: Title 18, Part II, Chapter 227, Subchapter B

The current, permanent, in-force federal laws regulating probation are compiled in the United States Code under Title 18, Part II, Chapter 227, Subchapter B. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including probation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Sentences of the US Code, including probation) by chapter and subchapter.

Probation

In Legislation

Probation in the U.S. Code: Title 18, Part II, Chapter 229, Subchapter A

The current, permanent, in-force federal laws regulating probation are compiled in the United States Code under Title 18, Part II, Chapter 229, Subchapter A. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including probation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Sentences of the US Code, including probation) by chapter and subchapter.

Resources

Notes and References

1. Definition of Probation from the American Law Dictionary, 1991, California

See Also

• Imprisonment (Criminal Process)
• Sentence (Criminal Process)
• Criminal Law
• Criminal Procedure
• Parole
• Probation
• Mandatory Sentencing

Further Reading (Articles)

• Probation officers and correctional treatment specialists. Occupational Outlook Quarterly; September 22, 2001; Alpert, Andrew D.
• Probation and Parole, Encyclopedia of Sociology; January 1, 2001
• Probation Accountability: How It’s Handled in England and Wales, Corrections Today; April 1, 1996; Evans, Donald G.
• Probation Foster Care as an Outcome for Children Exiting Child Welfare Foster Care, Social Work; July 1, 2003; Jonson-Reid, Melissa Barth, Richard P.
• Probation: Working with Offenders, British Journal of Community Justice; July 1, 2013; Crowther-Dowey, Chris
• Probation violators overcrowd jails ; Changes are in the works to reduce caseloads and make the system function as intended. Portland Press Herald (Portland, ME); November 23, 2003; DAVID HENCH
• Probation: Strength through Association, Corrections Today; August 1, 1995; Evans, Donald G.
• Cohen, S. (1985). Visions of social control: Crime, punishment, and classification. Cambridge, U.K.: Polity Press.
• Grattet, R., Lin, J., & Petersilia, J. (2011). Supervision regimes, risk, and official reactions to parolee deviance. Criminology, 49(2), 371–399.
• Petersilia, J. (2003). When prisoners come home: Parole and prisoner reentry. Oxford: Oxford University Press.
• Phelps, M. (2017). Mass probation: Toward a more robust theory of state variation in punishment. Punishment & Society, 19(1), 53–73.
• Robinson, G., McNeill, F., & Maruna, S. (2013). Punishment in society: The improbable persistence of probation and other community sanctions and measures. In J. Simon & R. Sparks (Eds.), The Sage handbook of punishment and society. London: SAGE.
• Taxman, F. S. (2012). Probation, intermediate sanctions, and community-based corrections. In The Oxford handbook of sentencing and corrections (pp. 363–385). New York: Oxford University Press.
• Vanstone, M. (2004). Supervising offenders in the community: A history of probation theory and practice. Farnham, U.K.: Ashgate.