PROBATION WITH A FLAIR - A LOOK AT SOME OUT-OF-THE ORDINARY CONDITIONS

• NCJ Number: 60272
• Journal: Federal Probation Volume: 43 Issue: 1 Dated: (MARCH 1979) Pages: 25-36
• Author(s): H J JAFFA
• Date Published: 1979
• Length: 12 pages
• Corporate Author: Administrative Office of the United States Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

STATE AND FEDERAL COURT CASES PERTAINING TO THE IMPOSITION OF UNUSUAL CONDITIONS OF PROBATION ARE REVIEWED IN AN ARTICLE DIRECTED TO PROBATION AND PAROLE OFFICERS.

Abstract

THE PURPOSE OF THE REVIEW IS TO ENABLE OFFICERS TO EXECUTE THEIR ROLE AS ADVISORS TO THE COURTS COMPETENTLY AND PROFESSIONALLY BY HELPING OFFICERS (1) TO RECOGNIZE THOSE ELEMENTS OF PROBATION CONDITIONS WHICH DETERMINE WHETHER THE CONDITIONS WILL WITHSTAND JUDICIAL SCRUTINY, AND (2) TO UNDERSTAND THE BALANCE BETWEEN THE DISCRETIONARY LATITUDE OF STATUTORY LAW IN THE FIXING OF PROBATIONARY CONDITIONS AND THE BOUNDS PLACED ON THAT DISCRETION BY CASE LAW. INCLUDED IN THE REVIEW ARE CASES INVOLVING EXTRASTATUTORY PROBATION CONDITIONS--WHETHER REASONABLE AND PERTINENT OR RIDICULOUS AND ILLEGAL--WHICH SHED LIGHT ON THE SENTENCING DISCRETION OF THE TRIAL COURT. THE CASES INVOLVE THE FOLLOWING TYPES OF CONDITIONS: BANISHMENT, VOCATIONAL AND AVOCATIONAL RESTRICTIONS, RESTRICTIONS OF SPEECH AND ASSEMBLY, WARRANTLESS SEARCHES (E.G., OF DRUG-ABUSING PROBATIONERS), PRODUCTION OF TESTIMONY, DONATIONS OF MONEY, PERFORMANCE OF COMMUNITY SERVICE WORK, SPEECHES AND ESSAYS OF CONTRITION, STERILIZATION AND OTHER INVASIONS OF SEXUAL PRIVACY, SUSPENSION OF SELF-INCRIMINATION PROTECTIONS (E.G., REQUIRED SUBMISSION OF ACTIVITY REPORTS BY PROBATIONERS), DENIAL OF UNEMPLOYMENT BENEFITS, AND DRESS RESTRICTIONS. (LKM)