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Chapter 4

Chapter 4. How Probation Developed: Chronicling Its Past and Present. Precursors to American Probation. Early legal practice in the United States was distinct from British common law: Security for good behavior , good abearance Filing Motion to Quash Sureties

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Chapter 4

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  1. Chapter 4 How Probation Developed: Chronicling Its Past and Present

  2. Precursors to American Probation • Early legal practice in the United States was distinct from British common law: • Security for good behavior, good abearance • Filing • Motion to Quash • Sureties • All had the objective of mitigating punishment. LO: 1

  3. Recognizance and Suspended Sentence • Recognizance began in 1830 in Commonwealth v. Chase. • A suspended sentence is a court order, entered after a verdict, finding, or plea of guilty, that suspends or postpones the sentence contingent on the good behavior of the offender. LO: 1

  4. Two Kinds of Suspended Sentences • Suspension of imposition of sentence occurs when a verdict or plea is reached, but no sentence is pronounced and there is no conviction. • In suspension of execution of sentence, the defendant is placed on probation and the conviction remains on the record. LO: 1

  5. The Power to Suspend Sentence • English common law courts had the power to suspend sentence for a limited period or for a specific purpose. • The common practice of suspension in the federal courts ended with the Killits decision in 1916. • The Federal Sentencing Reform Act in 1984 recognized probation as a bona fide sentence. LO: 1

  6. Founders of Probation • The first probation law was passed in Massachusetts in 1878. • John Augustus receives credit for founding probation in the United States. • In 1891 in Massachusetts, probation officers were first recognized as official salaried agents of the court. LO: 2

  7. Early Probation • Matthew Davenport Hill receives credit as a co-founder of probation for laying the foundation in England. • Historically, federal judges were resistant to the enactment of federal probation legislation. • The National Probation Act was passed by Congress in 1925. LO: 2

  8. Federal Probation • The federal probation system was administered by the Federal Bureau of Prisons from 1930-1940. • In 1940, administration of the system moved to the Administrative Office of the U.S. Courts. • The 1984 Comprehensive Crime Control Act abolished federal parole and all releasees came under probation supervision. LO: 2

  9. Juvenile Probation & Juvenile Court • From the 1700’s-early 1800’s, children were disciplined by their parents and other adults in the community. • Between 1817-mid 1840’s, “child savers” institutionalized runaway or neglected children. • The Illinois Juvenile Court Act of 1899 established the first juvenile system based on reformation and treatment. LO: 3

  10. Juvenile Probation & Juvenile Court, Con’t. The doctrine of parens patriae governed juvenile court proceedings, using four principles: • The court appointed a guardian to care for the child • Parents of offenders must be held responsible • Jail was unsuitable, regardless of offense • Removing children from their parents should be avoided LO: 3

  11. Early Probation Legislation in Other States • New York’s probation law allowed police officers to be probation officers. • Many early probation workers were volunteers due to the lack of appropriations. • The adoption of probation laws by the various states utilized both county and state organizational models. LO: 4

  12. Organizational Questions • What branch of government does the probation agency fall under: executive/state or judicial/local? • Is the probation agency combined with parole, or is it a standalone department? • Does the agency combine their adult and juvenile supervision together, or are they separate? LO: 4

  13. Community Corrections Acts • Community Corrections Acts (CCAs) are statewide agreements through which funds are granted to local governments to develop and deliver community correctional sanctions and services. • The first community corrections act was enacted in Minnesota in 1973, and they now exist in 28 states.LO: 5

  14. Changing Concepts of Supervision • The Casework Model: 1900-1970 • Provided therapeutic services to clients to assist them in living productively in the community • Brokerage of Services Model: 1970-1980 • The officer determines the needs of the probationer or parolee and makes a referral to the appropriate community agency LO: 3

  15. Community Resource Management Team Individual officers specialize in specific treatment areas, i.e., drug abuse, employment, etc. Justice Model of Supervision: 1980-1995 Some degree of deprivation of liberty Reparation to the victim or community Emphasis on Public Safety LO: 3 Changing Concepts of Supervision, Con’t.

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