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Probation has been in practice for a very long time. The practice has been altered and refined over time. The only thing that hasn’t changed is that it is an alternative to serving time in prison or jail. Although this front-end solution to prison overcrowding has its advantages, it also has disadvantages.
Probation was started in England in the Middle Ages. Historically offenders were given harsh and brutal punishments for a number of offenses. These sentences included flogging, branding, mutilation, and execution. This strictness, obviously, was not popular with the English society, and changes were made to allow more leniency. The courts began the practice of “good behavior”, a temporary release in which offenders could try for lesser sentences. In the U.S. (Massachusetts) a type of bail system was developed. They also began a form of suspended sentencing that laid the groundwork for modern- day probation.
John Augustus is known as the “Father of Probation.” He became the first parole officer in Boston in 1841. He went to a police court to listen to the cases and saw a man being charged with being a drunkard. Augustus got the court’s permission to bail the man out and supervise him while he was on release. He did this with many other offenders over an eighteen year period. He would help them find work and/or a house. Augustus would then return to court with his “probationer” and report their progress to the court. He would recommend a disposition for the case and the judge would usually accept it. It is reported that John Augustus had only 10 absconders (bail jumpers) out of the 2,000 cases that he handled. Our modern probation system was modeled after this method.
Probation became more and more common as time went by and more laws were enacted to deal with the increasing number of cases. Examples of these laws include:
- 1878-first probation statute passed. It gave the Boston mayor the power to hire a probation officer that was supervised by the police superintendent.
- 1880-legislation allowed all municipalities to have POs, although few did.
- 1891-every lower court was required to have a PO.
- 1897-suspended sentencing for certain offenses was started in Missouri.
- 1898-every superior court was required to have a PO.
- 1899-Illinois enacted the Juvenile Court Act. (The world’s first juvenile court).
- 1907-the first PO directory was published.
- 1925-juvenile probation was made available in every state. Federal Probation System was started by Congress.
- 1939-adult probation began in Alabama.
- 1956-adult probation was available in every state.
Presently there are 2,000 separate probation agencies that handle our country’s 3 million adult offenders. Probation is under a different department depending on what state you’re in. In about 75% of the states it is in the government’s executive branch. In Michigan it is under the Department of Corrections. In Illinois probation is under the judicial branch. The division of juvenile courts is a whole other matter all together. Half of the juvenile agencies are on the local level, and the rest are handled by separate agencies or a division
requirement for work release. Some states refuse anyone serving a life sentence. Violent offenders and sex offenders are also refused. Halfway houses are another alternative to imprisonment. This is a temporary home that provides services for poor offenders. They are required to return to the house every night and follow other strict guidelines concerning behavior.
Probation has been a source of controversy for quite some time. Many think it is an outstanding way to prevent or help prison overcrowding. It allows offenders to be released earlier than planned so that they may return to society and acquire gainful employment. Probation frees up bed space and makes room for other, more violent offenders that cannot be released. It also saves the prisons a lot of money. It costs $1, a year to have someone on probation. The annual cost of housing one inmate in a state prison is about $30,000. It is even higher in some states. All together the U.S. spends about $30 billion a year on prison operating costs. Other problems that cost prisons money are AIDS, tuberculosis, hepatitis C, and elderly inmates. It can cost over $60, a year to care for one inmate over the age of fifty because they require more medical care than a younger, healthier inmate. Because of these factors, probation and parole are being used more and more often.
Although probation has many benefits, there are some that are against its use. While it does help lower costs, this savings does not outweigh the safety of the community. It’s believed that releasing offenders into society before their real release date is very harmful. Some offenders may lie about their reformation and say they are no longer a
danger to society and are ready for release. The parole board will believe them and release them early. Once in the community these offenders resume their criminal activity. There is no real way of determining if offenders are being truthful, and it is difficult to decide if they should be released. How do you trust someone that is in prison?
Probation has changed a great deal since it was started in the Middle Ages. It has made many advances over the years and is always changing. New laws are enacted and older laws are abolished. Each state has many programs in effect that can assist probationers in their efforts to remain free in society. There has been and will always be controversy over the use of probation and its effectiveness. It has been in use for well over a century and will continue to be used for centuries to come.
Bibliography www.usdoj.gov./uspc/questions.htm www.criminal-law.freeadvice.com www.ojp.usdoj.gov/bjs/largechart.htm www.nyc.gov/html/prob/html/history.html Abadinsky, H. 92006).Pearson Prentice Hall. Probation and Parole: Theory and Practice (9th^ ed.). New Jersey:
Elliott, J., Murphy, W. (2005). Parole, Probation Violators Add to Crowding: Many sent back behind bars for minor slip-ups. Houston Chronicle.
Note from Harry Ulferts: The title page of this paper was omitted. It was prepared by Breann Bufford for the Fall 2005 CJS 130 course offering.
