Probation and Parole
Their Differences, Their Rules and Their Goals |
Introduction to Criminal HistoryCJ1101David Horiuchi |
Probation and Parole
Their differences, Their Rules, and Their Goals
The dawning of the 14th century shows that English courts had established the practice of “binding over for good behavior”, in which the offender could be entrusted to the custody of willing citizens. John Augustus (1784-1859) is generally recognized as the world’s first probation officer. Mr. Augustus, a Boston shoemaker, attended sessions of criminal court in the 1850’s and offered to take carefully selected offenders into his home as an alternative to ...view middle of the document...
This will also give the offender the chance to continue to support himself/herself and their families.
Probation is a decision handed down by a judge at the trial of someone that has been arrested and found guilty of the charge with which he/she has been charged with. It may or may not be in lieu of jail time or it may be in a combination with some jail time. If jail time is to be served along with a probationary period, the probation period usually comes after the jail time has been served but, there are cases where the probation time runs along with the jail time. Some offenders may be required to serve jail time on weekends while being placed on probation during the week. It allows the convicted person to live in the community for a specified period of time under the supervision of a probation officer. Probation is dependent on the circumstances and the seriousness of the crime, the judge can place specific restrictions on the offender's activities during the probationary period. If an offender violates the terms and conditions of probation, he/she may be sentenced to imprisonment by the judge. This is known as revoking the probation or revocation.
When a person is convicted of a crime and placed on probation to serve their sentence in the community under the supervision of a probation officer they must adhere to specific rules and conditions. In most cases a sentence to probation is usually accompanied by a "suspended sentence" to imprisonment. As long as a probationer adheres to the terms and conditions of their probation, they will remain free in the community. If a probationer violates the terms and conditions of his/her supervision, his/her probation can be revoked and the offender may be sent to prison to finish the term of the original sentence. For example, someone given a sentence of five years’ probation also receives a suspended five year sentence to prison. If, on the last day of the second year of probation the probationer's probation status is revoked, he/she will be sent to prison for the remaining three years in order to complete the original sentence. Essentially a judge decides how much time a person must serve in jail, guided by the laws of the state, and how much time after incarceration is spent on probation. Sometimes a judge will only sentence a person convicted of a minor crime to one to several years of probation. While on probation, a condition of the sentence may be to have weekly or monthly meetings with a probation officer. Other conditions might be applied to probation. A person might not be able to drive, or might have a curfew. He/she must also not commit further crimes while on probation. By placing someone on probation it empowers the courts to send the person to jail to serve the length of the original sentence, and to serve any additional time for new crimes.
Parole is granted to people who are in jail. Many crimes carry a maximum amount of time that someone can be sentenced too. These years in jail...