Probation Chapter 4 - Micheal Weinrath

CheaperDivergence avatar
CheaperDivergence
·
·
Download

Start Quiz

Study Flashcards

12 Questions

What is the most common option after a determination of guilt?

Probation with additional optional conditions

Which of the following is NOT a standard condition for probation?

Abide by curfew

In cases where a conditional discharge is granted, how is probation generally viewed?

As a rehabilitative sentence

How long can a conditional discharge/suspended sentence with standard conditions last?

Up to 3 years

What is a possible optional condition for a split sentence involving probation?

Completing community service hours

Which form of probation allows for up to 3 years of supervision along with a conditional sentence?

Conditional sentence plus probation of up to 3 years with optional conditions

Who is credited with beginning the earliest version of probation supervision in the United States?

John Augustus

What condition must an offender agree to in order for a treatment condition to be used, according to section 723.1 (1) of the criminal code?

Participate actively in a treatment program approved by the province

In Canada, supervised probation for adults did not occur until which year?

1921

What distinguishes the administration of probation from parole?

Probation is administered by the courts, while parole is administered by a national or provincial parole board

How can a parole officer respond to misbehavior by an offender under full parole?

Give a report to the parole board and request suspension of parole

Which government committee document is most closely linked with advocating for an expanded use of probation and community alternatives to custody?

The Ouimet Report (1969)

Study Notes

Probation Overview

  • Probation is the most common sentencing option after a determination of guilt, accounting for 88% of cases.
  • It is a rehabilitative sentencing option that involves a judge assigning a set of conditions to an offender.

Types of Probation

  • Conditional discharge/suspended sentence (up to 3 years) with standard conditions:
    • Keep peace and maintain good behavior
    • Appear before the court when required
    • Notify the court or probation officer of any change in name, address, employment, or occupation
  • Conditional discharge/suspended sentence with standard and additional optional conditions:
    • Reporting to a probation officer
    • Abstaining from substances
    • Providing bodily samples (urine)
    • Making restitution
    • Completing up to 240 hours of community service
    • Abiding by curfew and undertaking treatment programs
  • Conditional sentence plus probation of up to 3 years with optional conditions
  • Split sentence of a fine and a period of probation of up to 3 years with optional conditions, or a jail sentence of up to 2 years less a day, and up to 3 years probation with optional conditions

View of Probation

  • Probation can be viewed as a rehabilitative sentence, particularly in cases where a conditional discharge is granted.
  • Successful completion of a conditional discharge results in no record of an offense.
  • Probation can also incorporate punitive elements such as custody and restrictive conditions like a curfew.

Treatment for Offenders

  • Treatment conditions may only be used if the offender agrees to participate actively in a treatment program approved by the province.
  • The probationer is in control of whether or not they receive treatment.
  • Treatment will not help individuals who are not interested in participating.

Probation vs. Parole

  • Probation is administered by the courts, while parole is administered by a national or provincial parole board.
  • A judge will assign 12 months of probation, and probation officers must go through the court to breach or revoke a probation order.
  • Charges must be proven in court and may involve a trial.
  • Parole is part of a custody term, and an offender serving 3 years may be released after 18 months on full parole by the parole board.

History of Probation

  • Probation began in the United States in the 19th century by John Augustus.
  • In Canada, probation was initially used for younger first-time offenders and was unsupervised.
  • Supervised probation in Canada was only granted to young offenders with the passage of the JDA in 1908.
  • Supervised probation for adults did not occur until 1921.
  • The Ouimet Report (1969) advocated for expanded use of probation and a greater emphasis on community alternatives to custody.

Explore the concept of probation in Chapter 4 by Micheal Weinrath, focusing on rehabilitative sentencing options commonly referred to as probation. Understand the role of probation officers, the forms of probation, and the conditions that may be associated with probation sentences.

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free

More Quizzes Like This

The History of Probation in the Philippines
5 questions
The Startup of the Probation System
20 questions
Probation
41 questions

Probation

FlatteringHeliotrope avatar
FlatteringHeliotrope
Probation Service in Social Control
7 questions
Use Quizgecko on...
Browser
Browser