Probation History & Overview PDF

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.: o Skepticism – does...

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.: o Skepticism – does probation "work"? o More concerned about public safety + punishment (Petersilia, 1997) ▪ Especially for violent and sexual offenses (Meloy, 2006) In Canada: o 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) o = first person to ”sponsor” & supervise offenders in the community o “Father of Probation” Augustus laid out the fundamental elements of probation practice as we know it today... o Help over punishment o Not for all offenders… o Front-line supervision • • 1878 = Probation laws for youth offenders in MA 1891 = Probation laws for adult offenders in MA o 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: • o (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” o (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 o ‘Brightest hope for corrections’ (U.S. National Advisory Commission on CJ Standards and Goals) • Probation expansion yes, BUT a lot of concerns.... o "failing to provide services and supervision" (National Advisory Commission) o Academic critiques of probation ▪ Robert Martinson • Robert Martinson (1927-1979) o ‘Nothing Works’ Doctrine (1974) o ‘A kind of standing joke’ (1976) History of Probation in Canada • • • • • 1908 – Juvenile Delinquents Act o Probation for youth 1921 – Criminal Code o Adult probation Ontario = first provincial probation department in Canada By late 1960s = Extensive use of probation o Repeat offenders become eligible for probation. Correctional reports in favour of probation expansion: o Achambeault (1938) o Fauteux (1956) o Ouimet (1969) History of Probation in MB • • • Initial focus on youth offenders o 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, o (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 o (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: o Fine; o Imprisonment for a term not exceeding two years; o Intermittent sentence. Probation Conditions • • Conditions (Standard) o Keep the peace o Be of good behavior o Appear before court when required o Notify of change in address Optional o Report to PO o Abstain alcohol/drugs o Curfew o No-contact order o Reside where directed o Treatment o 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 "Although we know this was a perpetrator who was in a sense a ticking time bomb in the community, you can't help but feel a bit like maybe things would have been different if he had been more carefully supervised when he was released.”(Kristen Mercer, lawyer, End Violence Against Women) By the end of this lecture, you should be able to: • • Discuss the legal framework for dealing with probation breaches & have an informed conversation about whether/how probation might increase risk of criminalization. Criminal Justice Statistics Imprisonment and Probation Criminal Justice Statistics • • Admission Data o Number of new offenders assigned probation in any given year Count Data o Count of how many probationers are supervised by probation officers Probation Trends in Canada • • • Upward trend in probation admissions for many years… o 1962: 63,000 o 2009: 112,000 BUT…probation admissions declining more recently! o 2018/19: 82,500 o 2019/20: 79,600 o 2020/21: 65,000 o 2021/22: 61,000 Probation rates per 100,000 adults: o 2017/18: 312.2 per 100,000 o 2021/22: 209.8 per 100,000 Probation Rate per 100,000 by Province/Territory 2017 Probation by Crime Type 2017 Overview: Violating Probation Conditions (Canada) • Two methods: • 1. Breach 733.1 • Violation of condition, must be proven in court. • Typically summary offence, penalties can be light but also severe. • 2. Review of Order for new offence (Revocation). Violating Probation Conditions Failure to comply with probation order • 733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of o a) an indictable offence and is liable to imprisonment for a term of not more than four years; or o b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both. Breach of Probation • • P Officers generally use graduated sanctions, breach as a last resort. “Fails without reasonable excuse.” Must be proven in court. • Important Criminal Code change in 1995! • But court must still prove acus reus + mens rea(R v. A.L. 2021) • Actus reus • Mens rea – intent to commit the act which constituted the violation • Reasonable excuse? (Example: R v Mills, 2007) R. v. Mills, 2007 ABPC 23 Provincial Court of Alberta In my view, the accused’s inability to pay resulted substantially from forces beyond his control. While he made two ill advised judgment calls (failing to warn his employer of pending absences, and the purchase of the cellular telephone contract), those particular lapses in judgment should not result in converting a reasonable excuse to an unreasonable excuse. Whether bad decisions made by an accused will result in an excuse being characterized as “unreasonable” will depend on the decisions and the circumstances in which they were made. In other words, the facts of the case will decide that issue. (Honourable Judge A.A. Fredsham) Meek Mill • First arrested in 2007 on drug and gun charges. • Conviction. 8 months prison and 5 years probation. • Technical violations – led to more probation. • In 11/2017, sentenced to 2-4 years in prison (more violations). • 07/2019 – Initial conviction over-turned by Superior Court of Pennsylvania. https://www.youtube.com/watch?v=UdQ0s6BKUoQ Jay-Z: “Instead of being a second chance, probation ends up being a landmine, with a random misstep bringing consequences greater than the crime. A person on probation can end up in jail over a technical violation like missing a curfew. Probation Conditions in the US – Brief Overview • • • • • On average, 18-20 probation conditions (Corbett, 2015) (= standard and optional conditions) o Probation has become more restrictive/punitive = ‘Tough on crime’ policies Probation is disproportionately concentrated among Black Americans o 1/12 Black men on probation o 1/41 white men on probation Black adults have higher breach/revocation rates than white and Hispanic Americans. o “Cycle” of probation and incarceration Qualitative Studies: • • Probation + technical violations lead to “net widening”. o = “A potential, unanticipated consequence of diversion programs in which persons who would otherwise have been released outright by the police or not charged by the Crown counsel are involved in the justice system” (Griffiths 2015). Creates a “Revolving Door” of probation (violations) and incarceration. o Impacts people’s employment, housing, health, and social relations. 1. Qualitative Studies: • Phelps, Dickens, & Beadle (2023): o Survey data with adults in U.S. state prisons between 1979 and 2016. ▪ Asked whether people were on probation or parole at the time of arrest, & ▪ Why they were in prison (technical violation or new offence). In Canada… • • Probation breaches = Administration of justice offences o Administration of justice offences account for around 23% of all cases in adult court (across years). o Breach of probation make up 9% of all admin of justice offences. Data on probation status at time of arrest not available Keywords… • • • • • • • • • Probation conditions Admission Data Count Data Probation Trends Revolving door criminal justice Net widening Meek Mill Breach of Probation Basic knowledge on racial disparities in probation