NCJ Number
64715
Date Published
1974
Length
381 pages
Annotation
A PROBATION OFFICER DESCRIBES THE BACKGROUND AND OFFENSES OF SELECTED OFFENDERS BASED ON HIS FILES AND THE OFFICER'S CONVERSATIONS WITH THE OFFENDERS.
Abstract
THE CASES SELECTED INVOLVED SERIOUS OFFENSES AGAINST PERSONS--MULTIPLE RAPE, MULTIPLE RANDOM MURDERS, DOMESTIC HOMICIDE, ASSAULT, AND CHILD MOLESTATION. THE OFFICER'S ANALYSIS OF THE RELATIONSHIP BETWEEN THE OFFENDERS' BACKGROUND AND THEIR OFFENSE, MADE FOR THE PURPOSE OF MAKING A SENTENCE RECOMMENDATION, IS DESCRIBED. CONVERSATIONS BETWEEN THE PROBATION OFFICER AND THE OFFENDERS IN THE COURSE OF THE PRESENTENCE INVESTIGATIONS ARE PRESENTED, AND THE OFFICER'S SUBJECTIVE REACTIONS TO EACH OFFENDER ARE EXPRESSED. THE AUTHOR'S THEOLOGICAL AND MINISTERIAL BACKGROUND PRIOR TO BECOMING A PROBATION OFFICER INFLUENCED HIM TO MAKE SIMPLISTIC DIVISIONS BETWEEN GOOD AND EVIL IN AND BETWEEN PERSONS. THIS CONCEPT WAS SHATTERED BY HIS GROWING APPRECIATION OF THE MIX OF NORMAL AND ABERRANT BEHAVIOR IN THE OFFENDERS HE ENCOUNTERED. THUS, HE VIEWS THE ADVERSARIAL JUDICIAL SYSTEM AS BEING INADEQUATE FOR DEALING WITH THE COMPLEXITIES AND AMBIGUITIES OF HUMAN BEHAVIOR. THE PROSECUTION PORTRAYS A DEFENDANT AS TOTALLY EVIL BASED UPON PARTICULAR ALLEGED BEHAVIOR, WHILE THE DEFENSE ATTORNEY AIMS AT 'WINNING' THE CASE BY PREVENTING OR MINIMIZING FORMAL SANCTIONS AGAINST CLIENTS, WITHOUT DUE CONSIDERATION FOR WHAT THEY MAY NEED TO DEAL WITH SERIOUS BEHAVIORAL PROBLEMS. A FACT-FINDING PROCEDURE WITH APPROPRIATE SAFEGUARDS THAT AVOIDS STIGMATIZING AND ALIENATING THE OFFENDER IS ADVOCATED, WITH SANCTIONS BEING INDIVIDUALIZED FOR THE BENEFIT OF THE OFFENDER AND, ULTIMATELY, SOCIETY. (RCB)