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Felly - Probation (Official Music Video)
Felly - Probation (Official Music Video)
Published: 2015/04/16
Channel: Felnuts
Probation VS Parole
Probation VS Parole
Published: 2017/07/12
Channel: AfterPrisonShow
How Does "Felony Probation" Work?
How Does "Felony Probation" Work?
Published: 2013/09/05
Channel: Shouse Law Group Channel
Cash Me Ousside Danielle Bregoli Sentenced To Probation In Court Hearing
Cash Me Ousside Danielle Bregoli Sentenced To Probation In Court Hearing
Published: 2017/08/02
Channel: MITCHELL WIGGS
Starlito - Probation feat. Moneybagg Yo
Starlito - Probation feat. Moneybagg Yo
Published: 2017/02/16
Channel: grindhardtv
How to pass a drug test for probation
How to pass a drug test for probation
Published: 2017/02/09
Channel: JidAllUNeed
PUT ON PROBATION
PUT ON PROBATION
Published: 2015/03/16
Channel: Luna
Juvenile Probation
Juvenile Probation
Published: 2015/11/16
Channel: veneaguirre
Felly - Probation
Felly - Probation
Published: 2014/11/08
Channel: Rap Nation
'Cash Me Outside' Girl Sentenced to 5 Years Probation
Published: 2017/08/02
Channel: All Def Digital
'Cash Me Outside' Girl Danielle Bregoli Sentenced to Five Years Probation | TMZ News
Published: 2017/08/01
Channel: TMZ
TYRANT ALERT!!!!!!! for HDCW , J Holmes San Bernardino Probation officer (Thx for the donations)
TYRANT ALERT!!!!!!! for HDCW , J Holmes San Bernardino Probation officer (Thx for the donations)
Published: 2017/07/14
Channel: highdesert community watch news network
Probation, Parole – What
Probation, Parole – What's The Difference?
Published: 2015/05/06
Channel: AJ+
Releasing an accused on Probation or Admonition-Sec 360 of Cr.P.C.
Releasing an accused on Probation or Admonition-Sec 360 of Cr.P.C.
Published: 2016/12/22
Channel: Pankaj Vidhi Pravah
Meek Mill Sentenced to 2-4 Years in Prison for Probation Violation
Meek Mill Sentenced to 2-4 Years in Prison for Probation Violation
Published: 2017/11/07
Channel: Complex News
Probation Officer Thinks He
Probation Officer Thinks He's A Cop. Cop Explains It To Him: 1st Amendment Audit
Published: 2016/07/31
Channel: P and P News
Ravish Kumar Prime Time ,University Series 25th Episode , Nation is on Probation ? 16November 2017
Ravish Kumar Prime Time ,University Series 25th Episode , Nation is on Probation ? 16November 2017
Published: 2017/11/16
Channel: Voice of Dissent
I
I'm on probation.... || STORYTIME
Published: 2017/08/04
Channel: Ema Jean
BEXAR COUNTY ADULT PROBATION FAIL
BEXAR COUNTY ADULT PROBATION FAIL
Published: 2016/11/04
Channel: TXSHEEPDOG
LOS ANGELES COUNTY PROBATION DEPT FOX 11 AB109 REALLIGNMENT
LOS ANGELES COUNTY PROBATION DEPT FOX 11 AB109 REALLIGNMENT
Published: 2013/05/10
Channel: kalanikaleah
Rapper Meek Mill Sentenced To Prison For Probation Violations
Rapper Meek Mill Sentenced To Prison For Probation Violations
Published: 2017/11/06
Channel: CBS Philly
Can you terminate probation early? Former DA explains
Can you terminate probation early? Former DA explains
Published: 2015/04/09
Channel: Shouse Law Group Channel
'Cash me ousside' teen Danielle Bregoli sentenced to probation
Published: 2017/08/01
Channel: WPTV News | West Palm Beach Florida
Day in the Life: TN Probation & Parole Officer - Chapter 1
Day in the Life: TN Probation & Parole Officer - Chapter 1
Published: 2016/12/01
Channel: Tennessee Department of Correction
Teen On Probation Says She’s Trying To Turn Her Life Around
Teen On Probation Says She’s Trying To Turn Her Life Around
Published: 2017/04/05
Channel: The Dr. Phil Show
Meek Mill violates his probation and gets sentenced to 2-4 years in Jail by a Judge.
Meek Mill violates his probation and gets sentenced to 2-4 years in Jail by a Judge.
Published: 2017/11/07
Channel: DJ Akademiks
Daniel Declares Probation is Closing!
Daniel Declares Probation is Closing!
Published: 2016/09/17
Channel: WLC Videos
ZaZa Ali: Meek Mill Sentenced to 2-4 years for probation violation
ZaZa Ali: Meek Mill Sentenced to 2-4 years for probation violation
Published: 2017/11/07
Channel: ZaZa
David Shin, "Close of Probation" - (14SCM000012)
David Shin, "Close of Probation" - (14SCM000012)
Published: 2014/06/25
Channel: Three Angels Broadcasting Network (3ABN)
Probation officer`s and the Police!
Probation officer`s and the Police!
Published: 2013/02/17
Channel: Mike Kenworthy
HOW TO PASS A DRUG TEST EVERY SINGLE TIME ( LAB TEST) pROBATION (WEED)
HOW TO PASS A DRUG TEST EVERY SINGLE TIME ( LAB TEST) pROBATION (WEED)
Published: 2016/04/17
Channel: baboom inc
Young Scooter - "Probation" Dir: @1TakeDON
Young Scooter - "Probation" Dir: @1TakeDON
Published: 2014/05/15
Channel: DonovanGoldVisuals
BANNED FROM BLACK OPS 2 (FIRST EVER BO2 PROBATION)
BANNED FROM BLACK OPS 2 (FIRST EVER BO2 PROBATION)
Published: 2012/11/13
Channel: Raya
probation officer interview
probation officer interview
Published: 2015/08/04
Channel: Randall Rhodes
Oregon Parole and Probation home visit Portland ambush
Oregon Parole and Probation home visit Portland ambush
Published: 2017/04/01
Channel: Oregon Cop Watcher
10 Rappers Stuck On PROBATION
10 Rappers Stuck On PROBATION
Published: 2017/11/12
Channel: TimeWatch5
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 1 - Turkey)
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 1 - Turkey)
Published: 2017/02/02
Channel: The Burn
Private Probation Companies | Full Frontal with Samantha Bee | TBS
Private Probation Companies | Full Frontal with Samantha Bee | TBS
Published: 2016/03/29
Channel: Full Frontal with Samantha Bee
Parole and probation to poor inmates
Parole and probation to poor inmates
Published: 2014/11/07
Channel: UNTV News and Rescue
Early Termination of Probation - What is the process like? - Prison Talk 10.7
Early Termination of Probation - What is the process like? - Prison Talk 10.7
Published: 2017/05/12
Channel: Fresh Out- Life After The Penitentiary
Being Successful on Probation
Being Successful on Probation
Published: 2014/01/21
Channel: StopDropThink
Probation Officer: First Contact
Probation Officer: First Contact
Published: 2012/09/17
Channel: Hogokansatsukan1
The Close of Probation
The Close of Probation
Published: 2015/05/03
Channel: AdventMessage
Top ways people pick up "Probation Violations"
Top ways people pick up "Probation Violations"
Published: 2015/05/30
Channel: Shouse Law Group Channel
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 8 - Japan)
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 8 - Japan)
Published: 2017/01/25
Channel: The Burn
‘Cash Me Ousside’ Girl Receives 5 Years Probation
‘Cash Me Ousside’ Girl Receives 5 Years Probation
Published: 2017/08/02
Channel: Complex News
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 10 - Hong Kong)
UTAH & ETHER - PROBATION VACATION: LOST IN ASIA (Episode 10 - Hong Kong)
Published: 2017/02/07
Channel: The Burn
PROBATION SUCKS
PROBATION SUCKS
Published: 2016/07/20
Channel: CHARLES MARLOWE IRL
Rapper Meek Mill Sentenced 2-4 Years For Probation Violations
Rapper Meek Mill Sentenced 2-4 Years For Probation Violations
Published: 2017/11/08
Channel: TheAdviseShowTV
Kodak Black Found Guilty on 5 Counts of Violating His Probation. He Will be Sentenced May 4th.
Kodak Black Found Guilty on 5 Counts of Violating His Probation. He Will be Sentenced May 4th.
Published: 2017/04/27
Channel: DJ Akademiks
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WIKIPEDIA ARTICLE

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Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.

In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences.[1] In others, probation also includes supervision of those conditionally released from prison on parole.[2]

An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

Offenders are ordinarily required to refrain from possession of firearms, and may be ordered to remain employed or participate in an educational program, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction.[3] The probationer might be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. Additionally, the restrictions can include a ban on possession or use of alcoholic beverages, even if alcohol was not involved in the original criminal charges. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their movement to officials. Also, offenders have been ordered to submit to repeat alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform community service work.[4] Some courts permit defendants of limited means to perform community service in order to pay off their probation fines.[5]

History[edit]

The concept of probation, from the Latin, probatio, "testing," has historical roots in the practice of judicial reprieve. In English common law, prior to the advent of democratic rule, the courts could temporarily suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for a pardon.

United States[edit]

Probation first developed in the United States when John Augustus, a Boston cobbler, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender, a "drunkard," for a brief period and then helped the man to appear rehabilitated by the time of sentencing. Even earlier, the practice of suspending a sentence was used as early as 1830 in Boston, Massachusetts, and became widespread in U.S. courts, although there was no statutory provision for such a practice. At first, judges, most notably Peter Oxenbridge Thatcher of Boston, used "release on recognizance" or bail and simply refrained from taking any further action. In 1878 the mayor of Boston had hired a former police officer, the ironically named "Captain Savage," to become what many recognize as the first official probation officer. By the mid-19th century, however, many Federal Courts were using a judicial reprieve to suspend sentence, and this posed a legal question. In 1916, the United States Supreme Court, in the Killets Decision, held that a Federal Judge (Killets) was without power to suspend a sentence indefinitely. This decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of incarceration and place an offender on probation. Probation developed from the efforts of a philanthropist, John Augustus, who looked for ways to rehabilitate the behavior of criminals.[6][7]

Massachusetts developed the first statewide probation system in 1878,[8] and by 1920, 21 other states had followed suit. With the passage of the National Probation Act on March 5, 1925, signed by President Calvin Coolidge, the U.S. Federal Probation Service was established. On the state level, pursuant to the Crime Control and Consent Act of 1936, a group of states entered into an agreement wherein they would supervise probationers and parolees who reside in each other's jurisdictions on each other's behalf. Known as the Interstate Compact For the Supervision of Parolees and Probationers, this agreement was originally signed by 25 states in 1937. By 1951, all the states in the United States of America had a working probation system and ratified the Interstate Compact Agreement. In 1959, the new states of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the territories of the Virgin Islands, Guam, and American Samoa ratified the act as well.

Arming and increased authority[edit]

In the United States, most probation agencies have armed officers. In 39 states, territories and federal probation, such arming is either mandated or optional. Arming is allowed in an increasing number of jurisdictions.[9]

Probation officers are peace officers who possess limited police powers.

Types of supervision[edit]

Robert L. Patten Probation Detention Center in Lakeland, Georgia

Intensive probation, home detention, GPS monitoring, Computer Management These are highly intrusive forms of probation in which the offender is very closely monitored. It is common for violent criminals, higher-ranking gang members, habitual offenders, and sex offenders to be supervised at this level. Some jurisdictions require offenders under such supervision to waive their constitutional rights under the Fourth Amendment regarding search and seizure, and such probationers may be subject to unannounced home or workplace visits, surveillance, and the use of electronic monitoring or satellite tracking. Under terms of this kind of probation, a client may not change their living address and must stay at the address that is known to probation. GPS monitoring and home detention are common in juvenile cases, even if the underlying delinquency is minor.[10] Some types of supervision may entail installing some form of monitoring software and/or conducting computer searches to ascertain what an offender is doing online. Cybercrime specialist in corrections, Art Bowker, noted “This is an area more and more community corrections officers are going to have to get up to speed on, learning how to enforce conditions that restrict and/or monitor cyber offenders' computer and internet use.”[11] Bowker, also observed "The use of social media is taking off in the field of community corrections." [12]

Standard supervision Offenders under standard supervision are generally required to report to an officer, most commonly between biweekly and quarterly, and are subject to any other conditions as may have been ordered, such as alcohol/drug treatment, community service, and so on.

Unsupervised probation does not involve direct supervision by an officer or probation department. The probationer is expected to complete any conditions of the order with no involvement of a probation officer, and perhaps within a period shorter than that of the sentence itself. For example, given one year of unsupervised probation, a probationer might be required to have completed community service, paid court costs or fines, etc., within the first six months. For the remaining six months, he or she may be required merely to refrain from unlawful behavior. Probationers are allowed to go to their workplace, educational institution, or place of worship. Such probationers may be asked to meet with an officer at the onset or near the end of the probationary period, or not at all. If terms are not completed, an officer may file a petition to revoke probation.

Informal supervision is supervised or unsupervised probation without having been convicted of the offense. As with other forms of probation, search clauses or drug testing may be included. At the end of the informal period, the case is dismissed. This is usually offered as part of a plea bargain or pre-trial diversion, and may requires the supervisee to waive Fourth Amendment rights for the duration. Informal probation can also require the supervisee to enter a plea of "Guilty", pending the completion of the terms set forth in the agreement, at which time the charge is typically dismissed.

Shock probation is a program that gives a sentencing judge the power to reconsider an original jail sentence. The judge may recall the inmate from jail and put him or her on probation within the community instead. The courts have a theory that a short term in jail may “shock” a criminal into changing their behavior. Shock probation can be used only between a specific period of 30–120 days after the original sentence, and is not available in all states.[13]

Decision to grant probation[edit]

Community corrections officials are the main factors that help decide whether a criminal is granted probation or not. They are the ones who determine whether the offender is a serious risk to public safety. These officials are also the ones who make recommendations to the court on what action to take. The correction officials first go through an investigations process during the pretrial period. They assess the offenders background and history to determine if he or she can be released safely back into the community. The officers then write a report on the offender. This is an extremely important piece of information that the courts use to determine if the offender shall be put on probation instead of going to jail. After the offender is found guilty, the probation officer puts together a pre-sentence investigation report (PSI). Courts base their sentencing on it. Finally, courts make their decision whether to imprison the convict or to let him or her off on probation. If a court decides to grant a person probation, it must then determine how to impose the sentence based on the seriousness of the crime, recidivism, circumstances of the convict, and the recommendations from the corrections officials.[13]

Probation violations[edit]

A probation officer may imprison a probationer and petition the court for a violation of probation. The court will request that the defendant appear at a show cause hearing at which the prosecutor must demonstrate by a preponderance of the evidence that the defendant committed a probation violation.[14] If the defendant pleads guilty to a probation violation, or is found guilty of a probation violation after the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered, possibly followed by a return to probation.[4] There is no law that specifies when probation violation proceedings must be commenced, although probation violation proceedings are near certain following the defendant's conviction of a subsequent offense, or failure to report to the probation officer as ordered.

If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer's criminal history. For example, if an offender is on probation for a gang-related offense, subsequent "association with known criminals" may be viewed as a more serious violation than if the person were on probation for driving a car with a suspended license; the reverse may be true if the initial offense were for driving under the influence. Similarly, penalties for violation may be greater if a subsequent offense is of greater severity (such as a felony, following a misdemeanor), or if the original offense and subsequent offense are of the same type (such as a battery following an assault, or retail theft following retail theft).

Probation revocation[edit]

When a probation violation is extremely severe, or after multiple lesser violations, a probation revocation hearing could be scheduled. A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s). It is possible that an innocent defendant would choose to accept a deferred sentence rather than incur the risk of going to trial. In such a case, a probation revocation can result in conviction of the original criminal charges and a permanent record of conviction.

See also[edit]

References[edit]

  1. ^ "Probation and Parole in the United States, 2011" (PDF). Bulletin. U.S. Department of Justice. April 2014. Retrieved 29 August 2017. 
  2. ^ "Probation". gov.uk. Government Digital Service. Retrieved 13 June 2013. 
  3. ^ "Probation FAQ". FindLaw. Retrieved 2017-08-29. 
  4. ^ a b Larson, Aaron (1 September 2016). "Sentencing in Criminal Cases – Fines, Probation and Jail". ExpertLaw. Retrieved 29 August 2017. 
  5. ^ Bennett, Brock (18 March 2015). "Community Service Helps Pay Probation Fines". Retrieved 29 August 2017. 
  6. ^ "Probation". Credo. Credo Reference. Retrieved 29 August 2017. 
  7. ^ "History of Probation". NYC Probation. City of New York. Retrieved 29 August 2017. 
  8. ^ "Probation and Pretrial Services History". U.S. Courts. Administrative Office of the U.S. Courts. Retrieved 29 August 2017. 
  9. ^ "Probation vs. Parole: State by State Comparison" (PDF). Probation Association of New Jersey. Archived from the original (PDF) on 8 February 2017. Retrieved 9 August 2017. 
  10. ^ "Managing the Risks Posed by Offender Computer Use" (PDF). Perspectives. The American Probation and Parole Association. December 2011. 
  11. ^ Masters, Greg (2 April 2012). "The global landscape: International cooperation". SC Media. Haymarket Media, Inc. Retrieved 29 August 2017. 
  12. ^ Sweeney, Emily (November 28, 2012). "Probation 2.0: How Technology is Changing Probation Work". Boston.com. 
  13. ^ a b Dressler, Joshua (2002). Encyclopedia of Crime and Justice. Gale Group. 
  14. ^ Sklar, Ronald B. (June 1964). "Law and Practice in Probation and Parole Revocation Hearings". The Journal of Criminal Law, Criminology, and Police Science. 55 (2): 175–198. Retrieved 29 August 2017. 

External links[edit]

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