Probation Case

The term came from the Latin verb "probare" meaning to prove, to test. John Augustus is known as the "Father of probation." Probation started in the middle ages when Augustus wanted to rehabilitate a drunken man and show the courts that his method would work. During the middle ages minor offenses where normally handled with harsh punishments. Some included flogging and branding, sometimes even death. As the justice system evolved this became a concern.

It started when Augustus convinced the court to release an offender to him with the effort to reform him. Massachusetts was the first to pass the first probation statue in 1878. Probation was developed as a form of rehabilitation for offenders. Another way of reforming them to becoming a better person once released of jail. John Augustus wanted to behavioral reform the inmate. It was believed that allowing the offender to remain in the community that it would possibly transform the citizen back toward a law abiding existence (Us Legal INC 2010.) Probation is granted by the judge if they feel the offender is able to be rehabilitated. This also prevents jails from being over crowed and it is considered another alternative then incarceration. Probation is often tided together with parole in some states. It is known as giving and offender a second chance that has committed a lesser offense to get it together in society.

One of the most common questions about probation is "does it work?" The main factor of probation not working is the action of recidivism. Recidivism is what you can define as re arrest or the action of committing a crime again and violating probation. Several steps have been taking to ensure that probation is successful such as implementing high quality programs and enforcing them, invest adequate resources in treatment and surveillance, demonstrate that probation is tough on crime, target drug offenders, and make probation research a policy (Schmalleger & Smykla, 2009).

In the early parts of probation, they were taught to behave according to morals and values, with respect to family, personal religion (if any), employment, and free time. They were strongly focused on attempting to ensure that this was enforced as well, also early probationers were given the opportunity to prove themselves and to possibly reduce their sentence.

Probation grants people to do different things in many different states around the U.S. Restitution is to be paid to the courts by offenders for the crime that has been committed .Also the offender is appointed a probation officer to make sure the rehabilitation is taking place. The officers help them find jobs and other activities to help them stay of trouble while released to reform them. They basically get another chance because the activities that are done transforms them back to the person they were before they committed the crime. Probation helps with offenders that have committed offenses that are considered bad but not bad enough to go to jail or prison.

There are different types of probation in the judicial system. One of the types of probation is Intensive Supervised Probation (ISP). It's a form of release into the community that close monitors the convicted offender and imposes rigorous conditions. The offender has to go to multiple weekly contacts with their officer. During probation the offender is subjected to random involuntary and unannounced drug test at any given time. The offender must maintain employment to show the courts that they are trying to better themselves as a citizen. Offenders must undergo treatments and education programs as well. These types of offenders probably shouldn't be allowed in the community. The restrictions are placed on them and are excessive and the face to face contact is believed to deter and interfere with ongoing activity by other criminals (ehow 2012.)

Another form of probation is shock probation and split sentencing. Shock probation is sentenced for a term of years. Mostly after 30, 60 or even 90 days the offender has been released from jail or prison depending on where they are placed for their crime. The two terms are different activities that are interchangeable. Shock probation is when he offender is originally sentenced to jail and is brought back in front of a judge to be sentenced to probation. Split sentencing is a part of the original sentencing that no additional appearance before the judge is needed. Once the offender is sentenced the judge will include everything at one time. The offender knows when they go into jail or prison when they will be available for probation. The terms also include the same things that shock probation consist of .There is both jail and some community work that is demanded to be done (ehow 2012.)

Revocation