Probation Round the World: Origins and Development (From Probation Round the World: A Comparative Study, P 25-67, 1995, Koichi Hamai et al, eds. -- See NCJ-158993)

• NCJ Number: 158994
• Author(s): R Harris
• Date Published: 1995
• Length: 43 pages
• Sale Source: Routledge
• Publication Type: Issue Overview
• Language: English
• Country: United Kingdom

Annotation

This chapter provides an overview and comparative analysis of the development of probation in common-law and civil-law countries in western nations, Europe, Australia, and New Zealand.

Abstract

Probation around the world has its origins in two distinct traditions, common law and civil (or statute) law. Although these traditions have converged in the post-World War II period and have little explanatory power today, traces of them can still be seen in probation's literature and discourse. Descriptions of probation in common-law countries focuses on the United States, England and Wales, Australia, Canada, India, Australia, and New Zealand. Profiles of probation in the civil-law countries address Austria, Belgium, Denmark, France, Germany, Switzerland, Denmark, Finland, Sweden, and the Netherlands. The author notes that two influences are relevant to the development of probation and the conflation of the common-law and civil-law traditions: the juvenile court movement and positivist criminology. Each of these topics is discussed. 12 notes