WHAT IS THE PURPOSE OF PROBATION AND WHY DO WE REVOKE IT?

• NCJ Number: 62164
• Journal: Crime and Delinquency Volume: 25 Issue: 4 Dated: (OCTOBER 1979) Pages: 409-424
• Author(s): S H CLARKE
• Date Published: 1979
• Length: 16 pages
• Corporate Author: National Council on Crime and Delinquency
• Sale Source: National Council on Crime and Delinquency; UMI Dissertation Services; Institute for Scientific Information
• Language: English
• Country: United States of America

Annotation

PROBATION SHOULD NOT BE IMPOSED SOLELY AS A TOKEN PUNISHMENT; THE PURPOSES IT IS EXPECTED TO SERVE SHOULD BE CAREFULLY CONSIDERED AND EXPRESSED.

Abstract

PREOCCUPATION WITH DUE PROCESS HAS TENDED TO OBSCURE THE SUBSTANTIVE ISSUES OF PROBATION ADMINISTRATION. COURTS GIVE LITTLE ATTENTION TO PURPOSES OF PROBATION, IMPOSE NUMEROUS UNNECESSARY AND VAGUE CONDITIONS, AND TEND TO USE PROBATION SOLELY AS A TOKEN PUNISHMENT. CONSEQUENTLY, THE PROBATION OFFICER IS COMPELLED TO DECIDE WHICH CONDITIONS TO EMPHASIZE, WITH THE RESULT THAT ADMINISTRATIVE CONVENIENCE HAS TOO MUCH INFLUENCE ON SUPERVISION AND THE DECISION TO SEEK REVOCATION PROCEEDINGS. IN PARTICULAR, USING PROBATION AS A TOKEN PUNISHMENT MAY LEAD TO UNJUST REVOCATION AND IMPRISONMENT FOR NONCRIMINAL PROBATION VIOLATIONS OF AN OFFENDER WHOM THE COURT ORIGINALLY FOUND NO RETRIBUTIVE NEED TO IMPRISON. IN PLEA BARGAINING AND SENTENCING, PROSECUTORS, DEFENSE ATTORNEYS, AND JUDGES SHOULD CONCENTRATE ON SETTING SPECIFIC GOALS OF PROBATION IN INDIVIDUAL CASES AND ARTICULATING THE CONDITIONS TO ACHIEVE THESE GOALS. RESTRAINT IS ANOTHER IMPORTANT GOAL OF PROBATION AND CAN BE BETTER REALIZED BY (1) SETTING SPECIFIC, ENFORCEABLE PROBATION CONDITIONS TO LIMIT THE PROBATIONERS' OPPORTUNITY FOR FURTHER CRIME AND TO MAKE THEIR ACTIVITIES MORE VISIBLE; AND (2) REVOKING PROBATION ONLY IF PROBATIONERS CANNOT ABIDE BY REASONABLE RESTRAINTS. WHILE RESTITUTION TO THE VICTIM IS A VALID GOAL OF PROBATION, IT CAN BE BETTER ATTAINED IF CAREFULLY ADJUSTED TO THE PROBATIONERS' ABILITY TO PAY BEFORE THE PROBATIONER COMMITS A NEW CRIME WHILE ON PROBATION, THE BEST RESPONSE IS TO CONCENTRATE ON THE SENTENCE FOR THE NEW CRIME, TAKING THE PROBATIONARY STATUS INTO CONSIDERATION ALONG WITH OTHER RELEVANT FACTORS, RATHER THAN TO REVOKE PAROLE AND IMPRISON THE OFFENDER FOR THE EARLIER OFFENSE. ALTHOUGH STANDARD CONDITIONS OF PAROLE SHOULD BE KEPT TO A MINIMUM, SOME ADMINISTRATIVE CONDITIONS ARE NECESSARY, INCLUDING CONDITIONS THAT THE PROBATIONER REMAIN WITHIN THE COURT'S JURISDICTION AND AT A SPECIFIC RESIDENCE UNLESS PERMISSION IS GRANTED TO MOVE, THAT THE PROBATIONER ANSWER REASONABLE QUESTIONS BY THE PROBATION OFFICER, AND THAT THE PROBATIONER PERMIT THE OFFICER TO VISIT. FOOTNOTES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--PRG)