NCJ Number
74293
Journal
Criminal Justice Journal Volume: 1 Issue: 1 Dated: (First Quarter 1980) Pages: 57-60
Date Published
1980
Length
4 pages
Annotation
Probation as a legal disposition is discussed with regard to jurisdictional influence on the duration and conditions imposed.
Abstract
Probation as an innovative correctional philosophy is not a risk-free social investment in humanitarian values. Thus, probation is a multifaceted concept, viewed in a different perspective by all working within the criminal justice system. The period of probation is a time-bound condition. It is a condition which may be shortened and lengthened within the statutory limits. When probation is imposed as an alternative to institutionalization, terms vary according to applicable State or Federal laws. In some States the term of probation is limited by law; i.e., the term must not exceed the maximum period of commitment which could have been imposed for the offense. Other States stipulate a maximum period of time. For example, first offenders in the State of Misissippi may be placed on probation for a period not to exceed 5 years. In a few States, restrictions have to do with minimum rather than maximum specifications. A probationer in New Jersey must remain under supervision for at least 1 year. Probation statutes in other States set no limits. Practices differ in other countries as well. Japan grants probation for not less than 1 year but not more than 5 years. Germany's period of probation ranges from 2 to 5 years. In the Philippines, the period of probation for those sentenced to a term of imprisonment is provided in two levels, according to Presidential Decree No. 968. Two years of probation is stipulated where the imprisonment is not more than 1 year, and 6 years of probation are required where the imprisonment exceeds 1 year. The problem area confronting the courts focuses on determining an acceptable minimum term. Fifteen footnotes are included.