Concept of Probation in the Criminal Justice System

Probation can provide balance for the criminal justice system.

Probation is a common sentencing term in the criminal justice system. Judges can use it to show leniency to first- or second-time criminal offenders. A person on probation remains in the community.

History

The Law Library reports that the concept of probation originates in England, where judges used judicial reprieve to lessen the punishment of those who committed crimes. Probation became popular in the United States around 1841, following the work of John Augustus, generally considered the Father of Probation.

Function

Probation provides a less severe punishment than prison.

Matt Delisi and Peter J. Conis, authors of "American Corrections," note that in today's criminal justice system, probation is a form of community supervision, which judges utilize in lieu of imprisonment or jail. People on probation must abide by certain conditions.

Features

Probation officers supervise individuals on probation. If these individuals, typically called probationers, do not follow the conditions mandated by the court, authorities may impose a term of imprisonment.

Considerations

Delisi and Conis indicate that typical probation conditions may include reporting to a probation officer as directed, remaining in a single geographic area and refraining from the use of controlled substances.

Significance

Probation has become a major factor in the U.S. criminal justice system. According to the Bureau of Justice Statistics, 4.2 million men and women were under probation supervision in 2008.

References

• Law Library: History, Goals, and Decision-Making - Origins Of Probation And Parole
• "American Corrections, Theory, Research, Policy and Practice"; Matt Delisi and Peter J. Conis; 2010
• Bureau of Justice Statistics: Probation and Parole in the United States, 2008