week 2.docx

Probation History & Overview Probation – What Is It? Probatio – ‘period of proving or trial’ A sentence allowing an offender to remain in the ​community under specific conditions set by the court” (Manitoba Justice) Detour: Public Perceptions of Probation In the U.S.:  Skepticism – does prob...

Probation History & Overview Probation – What Is It? Probatio – ‘period of proving or trial’ A sentence allowing an offender to remain in the ​community under specific conditions set by the court” (Manitoba Justice) Detour: Public Perceptions of Probation In the U.S.:  Skepticism – does probation "work"?  More concerned about public safety + punishment (Petersilia, 1997) Especially for violent and sexual offenses (Meloy, 2006) In Canada:  Research on public attitudes toward sentencing: Strong belief that sentencing practices are "too lenient" (e.g., Roberts et al., 2007; see also Varma & Marinos, 2013);  BUT context matters... More information about the person + offence = more lenient attitudes (e.g., Doob, 2000; Varma, 2006) By the end of this class, you should have a better understanding of:  ...the origins and development of probation in the U.S. and Canada History of Probation in the US John Augustus (1785-1859) = first person to ”sponsor” & supervise offenders in the community  “Father of Probation” Augustus laid out the fundamental elements of probation practice as we know it today... Help over punishment Not for all offenders… Front-line supervision 1878 = Probation laws for youth offenders in MA  1891 = Probation laws for adult offenders in MA Probation officers = volunteer, religious  1901 = Probation laws for adult offenders in NY By 1910: 34 U.S. states with probation laws Paid probation officers – Professionalization of probation Job description: (1) to investigate the circumstances of each person brought before court so that the judge might “know what a man is as well as what he has done”​ (2) “to take the care of the convicted persons who do not need imprisonment, but who should not be discharged” ​ 1960s = Expansion of probation services ‘Brightest hope for corrections’ (U.S. National Advisory Commission on CJ Standards and Goals) Probation expansion yes, BUT a lot of concerns.... "failing to provide services and supervision" (National Advisory Commission) Academic critiques of probation Robert Martinson Robert Martinson (1927-1979) ‘Nothing Works’ Doctrine (1974) ‘A kind of standing joke’ (1976) History of Probation in Canada 1908 – Juvenile Delinquents Act Probation for youth 1921 – Criminal Code Adult probation  Ontario = first provincial probation department in Canada  By late 1960s = Extensive use of probation Repeat offenders become eligible for probation. Correctional reports in favour of probation expansion: Achambeault (1938) Fauteux (1956)  Ouimet (1969)  History of Probation in MB Initial focus on youth offenders 1919 = first juvenile probation officer appointed in Wpg 1957 = Probation officer for adult offenders 1957 = Director of Corrections to oversee the expansion of adult and youth probation services Probation – Canadian Criminal Code 731 (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, (a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or (b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order. Forms of Probation Probation can be ordered by way of a conditional discharge or suspended sentence, OR  it may be included with one of the following dispositions: Fine; Imprisonment for a term not exceeding two years; Intermittent sentence.  Probation Conditions Conditions (Standard) Keep the peace Be of good behavior Appear before court when required Notify of change in address Optional Report to PO Abstain alcohol/drugs Curfew No-contact order Reside where directed Treatment Others Keywords Public attitudes toward sentencing John Augustus  Trends in prison and probation populations U.S. Overview of history of probation in Canada (Manitoba) Section 731(1) Criminal Code Forms of probation