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Journal articles on the topic 'Probation'
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1
Raynor, Peter. "Back to the future? The long view of probation and sentencing." Probation Journal 65, no. 3 (July 19, 2018): 335–47. http://dx.doi.org/10.1177/0264550518788730.
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This article reviews the history of the probation service’s contribution to sentencing and revisits the changing theories and understandings that have influenced this role at different times. Through most of its history probation was seen as an alternative to punishment and required the consent of the probationer. Since the 1990s these fundamental assumptions have been changing, and the article explores some of the social and political context of these changes. It argues (with the help of John Augustus, Charles Dickens and others) that the probation service’s input of social information into sentencing has been a contribution to social justice, but recent changes in the reporting role have made this much more difficult. Finally, some suggestions are made about how probation’s traditional input into sentencing might be restored.
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Sani, Mustapha Sumaila, Sunday Akanmu Okegbile, Abdulkarim Bello Norde, and John Eze Edeh. "Academic Probation in Colleges of Education in North-Western Nigeria: Implementation and Impact." Jurnal Pendidikan Teknologi dan Kejuruan 27, no. 2 (October 16, 2021): 102–8. http://dx.doi.org/10.21831/jptk.v27i2.43153.
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This study, which was guided by three research questions, used the qualitative method of a case study to explore the level of implementation of the academic probation policy in North-Western Nigeria, and how it impacted on academic performance of students. The population for this study included examination officers. The population is not intended to statistically represent a group on campus but is instead a group of individuals who shared a specific educational experience. Data was collected through interviews with Examination officers in the selected colleges and analyzed using the thematic data analysis technique. Findings of the study revealed that the colleges are implementing probation on students whose CGPA is less than 1:00 point in line with NCCE probation policy. It further revealed that the implementation of probation has positively impacted the probating students by making them work harder to remedy their deficiencies, improve their performances and subsequently pass their examinations to meet their graduation requirements. The study also found out that most of the probating students see probation as a punishment, a very difficult process, and an unpleasant situation. The study, therefore, recommended that Guidance and Counselling Units of colleges of education should always guide probating students on the importance of the policy for the improvement of their academic performances, and colleges of education should always make sure that experienced and qualified lecturers handle students on probation.
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Cywiński, Aleksander. "Report from research on mutual social representations of professional probation officers for adults and their charges." Polish Journal of Criminology 4, no. 1 (September 30, 2018): 1–15. http://dx.doi.org/10.5604/01.3001.0012.5779.
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In reference to Serge Moscovici’s theory of social representations and using the comprehensive interview methodology by Jean-Claude Kaufmann, I have conducted an analysis of interviews with professional court probation officers for adults and their charges. Asking about the representations they have in relation to each other, I have established the content of mutual social representations of probation officers and their charges, and I have selected the following types of participants in the probative relationship: land-oriented probation officer (CAT), court-oriented probation officer (KOS), charge RIGHT, charge LEFT.
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Zettler, Haley R., and Justin C. Medina. "Missed Officer–Probationer Contacts and Its Influence on Rearrest." Criminal Justice Policy Review 31, no. 3 (February 13, 2019): 374–94. http://dx.doi.org/10.1177/0887403419828092.
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Probation supervision is marked by the dual roles of surveillance and casework. A key feature of supervision that aligns with the goals of community safety through surveillance is the use of officer–probationer contacts. The current study explores the relationship between missed probation contacts and rearrest while on supervision in a surveillance-driven context. Logistic regression analyses modeled the effects of missed contacts on rearrests using probation data from a large supervision agency ( n = 3,809). Analyses included the overall percentage of missed contacts and missed contacts above/below the median and mean percentage of missed contacts to subsequent rearrests while on supervision. Overall, the percentage of missed contacts increased the likelihood of rearrest while on probation. Furthermore, the percentage of missed probation contacts that significantly predicted rearrest was lower than expected (4.17%). The results suggest that missing contacts while on probation has a negative impact on probation success. Implications of these findings are discussed.
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Mawby, Rob C., and Anne Worrall. "‘They Were Very Threatening about Do-Gooding Bastards’: Probation's Changing Relationships with the Police and Prison Services in England and Wales." European Journal of Probation 3, no. 3 (December 2011): 78–94. http://dx.doi.org/10.1177/206622031100300306.
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In recent decades the probation service has been encouraged to work closely with a range of public and voluntary sector agencies. This article examines probation's changing relationships with the police and prison services drawing on sixty interviews with current and former probation workers. Analysing probation-prison and probation-police relationships pre- and post-1998 and drawing on Davidson's (1976) typology of inter-organisational relationships, the article argues that, despite both structural and cultural transformations, there remain cultural continuities in each organisation that create tensions, the significance (both positive and negative) of which should not be under-estimated.
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Sirdifield, Coral, and Sara Owen. "Probation’s role in offender mental health." International Journal of Prisoner Health 12, no. 3 (September 12, 2016): 185–99. http://dx.doi.org/10.1108/ijph-10-2015-0034.
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Purpose The purpose of this paper is to examine how the role in offender mental health for the probation service described in policy translates into practice through exploring staff and offenders’ perceptions of this role in one probation trust. In particular, to examine barriers to staff performing their role and ways of overcoming them. Design/methodology/approach Qualitative secondary analysis of data from semi-structured interviews with a purposive sample of 11 probation staff and nine offenders using the constant comparative method. Findings Both staff and offenders defined probation’s role as identifying and monitoring mental illness amongst offenders, facilitating access to and monitoring offenders’ engagement with health services, and managing risk. Barriers to fulfilling this role included limited training, a lack of formal referral procedures/pathways between probation and health agencies, difficulties in obtaining and administering mental health treatment requirements, problems with inter-agency communication, and gaps in service provision for those with dual diagnosis and personality disorder. Strategies for improvement include improved training, developing a specialist role in probation and formalising partnership arrangements. Research limitations/implications Further research is required to explore the transferability of these findings, particularly in the light of the recent probation reforms. Originality/value This is the first paper to explore how staff and offenders perceive probation’s role in offender mental health in comparison with the role set out in policy.
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Lee, Jeeyoung. "A Phenomenological Study of Academic Probation Experience: Focusing on the Case of University A." Korean Society of Culture and Convergence 45, no. 2 (February 28, 2023): 647–60. http://dx.doi.org/10.33645/cnc.2023.02.45.02.647.
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The purpose of this study was to investigate causes of academic probation, major affectivity and university life experiences of college students before and after receiving academic probation at A university. 11 interviewees(five males and six female) participated in this study. This qualitative study applied the phenomenological analysis method of Colaizzi. University life experiences of college students who received academic probations were expressed by 107 significant statement and clustered into 22 formulated meanings, 5 themes, 3 themeclusters. As a result of qualitatively analyzing experiences of academic probation, 3 themeclusters of 'self-understanding/ confirmation of possibility/ supportive environment' and 1 final category of 'adaptation effort' were found. These results of the study are expected to be utilized as baseline data for preparing measures to support the ‘college adaptation’ of students on academic probation,
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Sturm, Annelies, Vivienne de Vogel, and Marcus JH Huibers. "Two sides of the working alliance: A qualitative study from the perspective of both probationers and probation officers." European Journal of Probation 14, no. 1 (January 26, 2022): 40–59. http://dx.doi.org/10.1177/20662203211056486.
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The probationer–probation officer working alliance plays an important role in the outcome of probation supervision. This study explored the development of the working alliance between probationers and probation officers in the Netherlands, from the perspective of both probationers and probation officers. More specifically, we explored the significance of different aspects of the working alliance at the start of probation supervision and after a three-month period, as well as the role played by critical incidents during the supervisory process and their subsequent effect on the working alliance. Overall, the study showed that clarity over goals and restrictions was initially the most salient issue for both parties, and that after a three-month period the working alliance evolved into a trusting relationship. Several incidents were identified, probationers identified more positive moments and less negative moments than their PO counterparts. If these types of incidents are managed accordingly by the probation officer, then they can ultimately serve to strengthen the relationship.
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Lemert, Edwin M. "Visions of Social Control: Probation Considered." Crime & Delinquency 39, no. 4 (October 1993): 447–61. http://dx.doi.org/10.1177/0011128793039004003.
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The extent to which probation in California controls criminal offenders is examined. A distinction is made between the representations of social control by probation and its realities. Some writers claim that penology has developed a new language and strategy directed to the management rather than treatment of offenders, scarcely true for probation, which receives more offenders than jails and prisons. Probation may have a new language but its most significant changes have been a massive deterioration in supervision due to loss of staff and budget and a heavy increase of cases. Study of four northern California county probation departments showed that a common adaptation to the avalanche of new cases and loss of staff was bankloading of cases. Increased caseload size has meant that many active cases go without supervision. Reasons for probation's marginal position and uncertain claims on county budgets are discussed.
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Yaraliev, Nariman. "On Improving the Effectiveness of Probation." Baikal Research Journal 14, no. 4 (December 29, 2023): 1665–71. http://dx.doi.org/10.17150/2411-6262.2023.14(4).1665-1671.
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The article considers the state of theory and practice of the institution of probation in domestic criminal law: its normative legal basis and practice of application. It is concluded that the reasons of the low effectiveness of this traditional criminal law measure of a criminal nature, with a very stable and significant scale of its application, lie, firstly, in the unjustified imposition of a suspended sentence on persons who have committed a crime, which, according to their socio-legal characteristics, do not deserve it, and, secondly, in the absence of the requirements necessary for such a serious benefit of a criminal law nature for the behavior of a probationer during the probation period. The real situation is that if a probationer does not commit a new crime during the probation period, the court usually does not even remember its existence. As a result, there are no visible criminal consequences of committing a crime for a probationer, except for compensation for the damage caused by the crime (in full or in part), neither actually nor legally occurs. The elimination of these reasons at the law enforcement level is impossible, it is necessary to change the legislative regulation of this measure of a criminal law nature with its orientation towards convicts who can actually justify their trust in the form of conditional non-use of the sentence imposed.
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Dobrochna Wójcik. "Probation. Some European Solutions." Archives of Criminology, no. XXV (March 2, 2000): 29–79. http://dx.doi.org/10.7420/ak1999-2000b.
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The article discusses the legal solutions of probation as well as regulations pertaining to organization of probation services and to functions of probation officers in criminal proceedings of adults and juveniles in some European countries. Discussed has been probation in England, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Lithuania, Slovenia, Spain, and Sweden. The introduction focuses on the definition of probation; also, the role of international organizations in promoting probation has been characterized together with the importance of recommendations as to the principles and practice, issued by such organizations, for introduction of probation into criminal justice. Considering the future shape of probation, one might ask to what extent we can use those experiences. We believe that some foreign solutions of probation might be added to the Polish legislation in the course of the Polish probation reform which has been going on for several years now. The following problems should in our opinion be reconsidered and possibly regulated in a manner other than the present one. The major and basic issue is the decision as to probation's position with respect to the criminal justice system. The problem is regulated differently in different countries; decisions as to the Polish solutions should be carefully considered. The Commission for Probation Reform, appointed several years ago, suggested that the probation system remain part of the criminal justice system but acquire the status of an autonomous department, an associate and partner of courts. Related to this is the postulate that the work of probation officers be evaluated as to the merits by a competent superior officer and not by the judge as it is today. Also solved should be the problem of a possible separate regulation of juvenile vs. adult probation (as it is the case in many European countries). In such countries, there is also the trend to remove proceedings in cases of offences from juvenile courts and to deal with them within administrative procedure. As regards the measures applied to juveniles, their execution is more and more often handed over to social services. The system for assisting and educating juveniles who break the legal norms or find it otherwise difficult to become integrated with society thus becomes ever more consistent; the competent services cooperate with one another ever more closely and coordination of their work is improved, which enhances the effectiveness of their efforts. What is important for the proper effects of educational work is cooperation of probation services with local government agencies and local communities. Although the road towards this kind of transformation of probation is difficult in Poland and various obstacles may be encountered, it is nevertheless a worth-while effort to use the experience of other countries and to introduce modern legal solutions that have been tested elsewhere.
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Park, Da Yoon, and Youn Oh Cho. "Association between Supportive Relationship of Probationers-Officers and Violation of Probation Conditions: Focusing on Offenders under Electronic Monitoring." Forum of Public Safety and Culture 21 (March 30, 2023): 85–99. http://dx.doi.org/10.52902/kjsc.2023.21.85.
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This study aims at investigating the relationships between supportive attitude of probation officers toward criminals and the revocation of probation. In particular, the current study focuses on identifying crucial factors that are associated with the violations of probation conditions under electronic monitoring. It is significant to find out the key factors that might reduce the numbers of violation of EM conditions in order to prevent recidivism in South Korea. In 2022, Korean Ministry of Justice announced the additional implementation of electronic anklets device program on offenders who committed stalking with a partial revision of the Electronic Monitoring Device Attachment Act. There have been wide controversial criticism toward the expansion of the Electronic Monitoring Device Attachment Act from September 2008, which the law was uninitiated. In this regard, this study attempts to examine what factors can increase the effectiveness of the EM with the consideration of supportive attitude of officers in terms of reduction of violations of probation conditions under electronic monitoring. In addition, the present study highlights the association between the role of probation officers and the level of probation revocation. “Survey of the Operational Realities of Electronic Monitoring on Sex-offenders in 2013” was used as analyses data sets. Besides, this study relied on Sherman's Defiance theory(1993) to examine the relationships between the attitude of probation officers and violation of probationers under EM. After reviewing previous studies, related factors were analyzed by assigning key dependent variables such as violation of probation conditions and violation of electronic monitoring requirement. In addition, this study utilized independent variable as supportive attitude of probation officers. Furthermore, as control variables, age, educational background, criminal experience, and period of attachment to electronic devices were used in the model. Logistic regression analysis result demonstrated that EM attachment period and previous criminal history of offenders had a significant impact on increasing the violation of probation conditions. Regression analysis showed that probationer-officer relationship was not statistically significant factors that might decrease the number of violation of condition when other variables were controlled. These results showed that the compassionate attitude of the probation officer was not a significant factor for obtaining better compliance of offenders under EM. Further policy implications will be discussed.
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Jr, Jose F. Cuevas. "The Paradox of Being a Probationer: Tales of Joy and Sorrow." Volume 5 - 2020, Issue 9 - September 5, no. 9 (September 29, 2020): 697–706. http://dx.doi.org/10.38124/ijisrt20sep432.
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Probation is a form of community-based correction; once the probationers are released from jail, they face paradoxical challenges to their personal and social life. This study investigated the paradoxical facets of being a probationer during their probation period. Through purposive sampling, the study identified 17 probationers from Ozamiz City who participated in an in-depth interview and focus group discussion using researcher-made guide questions. The responses were transcribed and analyzed using Colaizzi's descriptive phenomenology. Four central themes emerged from joy and another three from sorrow, a namely new lease on life and freedom, friendship and camaraderie with coprobationers, love, and support of family, acceptance and understanding of community and co-workers. While for the sorrow, the themes of the stigma of being a probationer, traumatization of children/family, insecurity and anxiety. The findings asserted that the attachment to their families and other support system is most important in facing hard challenges. With this, the researcher encouraged the probationers through the supervision of the probation officers to strengthen the family ties and other support systems, which will contribute to the overall process of probationers' rehabilitation and reformation.
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Cluley, Emma. "Probation Review: Effective Probation Services." Probation Journal 59, no. 3 (September 2012): 275–77. http://dx.doi.org/10.1177/0264550512457888.
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Carr, Nicola. "Rehabilitating Probation – Researching Probation Unification." Probation Quarterly 27 (March 14, 2023): 41–45. http://dx.doi.org/10.54006/akbe3841.
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Doherty, Fiona. "The Ordeal of the “Dirty Urine”." Federal Sentencing Reporter 36, no. 4 (April 1, 2024): 197–200. http://dx.doi.org/10.1525/fsr.2024.36.4.197.
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Probation systems rely on urine screens to sort people for punishment. Probationers who test “clean” show that they are worthy of remaining in the community, while those who test “dirty” make themselves vulnerable to incarceration. This article draws comparisons between the testing mechanisms used in modern probation systems and the testing mechanisms used in the medieval ordeal. In undergoing a medieval ordeal, “probands” went through a physical test to determine whether their bodies were pure or impure. Those who failed the test were led away for punishment. Most people subjected to the medieval ordeal were poor, as are most people in modern probations systems who must prove that their urine is “clean.”
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Jimenez, Alisha Caldwell, R. Hazel Delgado, Trace C. Vardsveen, and Richard L. Wiener. "Validation and Application of the LS/CMI in Nebraska Probation." Criminal Justice and Behavior 45, no. 6 (April 9, 2018): 863–84. http://dx.doi.org/10.1177/0093854818763231.
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This study examined the validity of the Level of Service/Case Management Inventory (LS/CMI), as probation officers in the state of Nebraska use the tool. Study 1 evaluated the predictive validity of the LS/CMI by examining 19,344 probationer records over a 5.5-year period (January 2007-July 2013), and found that the LS/CMI total risk score demonstrated moderate predictive validity. Consistent with past findings, logistic regression showed that the total risk score predicted recidivism (return to probation) differently for nonminorities than for minorities. Furthermore, minorities scored higher than nonminorities on seven of the eight criminogenic factors. Study 2, a true randomized experiment, explored probation officer bias as an explanation for these findings, and found that training increased officers’ ratings of scores in some LS/CMI domains and decreased ratings in others. Most importantly, there was no evidence that officers demonstrated racial bias in administering the LS/CMI survey when scoring Black versus White target clients.
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Wooditch, Alese, Lincoln B. Sloas, and Faye S. Taxman. "A Multisite Randomized Block Experiment on the Seamless System of Care Model for Drug-Involved Probationers." Journal of Drug Issues 47, no. 1 (November 17, 2016): 50–73. http://dx.doi.org/10.1177/0022042616678606.
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This multisite randomized block experiment examines the efficacy of the seamless system of care for probationers (an integrated probation model combined with substance abuse treatment intervention onsite at a probation office). The sample consists of 251 drug-involved probationers randomized into probation with referral to community treatment or the seamless system of care. Key outcomes are examined over a 1-year period by recidivism risk level. When compared with probationers in the control group, the findings are that those in the seamless system of care group had fewer drug use days overall, less alcohol consumption, improved treatment initiation and adherence, but a higher number of days incarcerated. Low-risk seamless system participants had the most favorable outcomes compared with other study conditions. This study demonstrates the importance of tailoring interventions to the risk level of the probationer, and that the seamless system works better for lower risk offenders with substance use disorders.
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Henson, Michael. "Probation." Appalachian Heritage 42, no. 2 (2014): 10–30. http://dx.doi.org/10.1353/aph.2014.0042.
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Skupiński, Jan. "Problematyka dozoru ochronnego nad warunkowo skazanymi w polskim prawie karnym." Studia Prawnicze / The Legal Studies, no. 8 (April 29, 2023): 93–156. http://dx.doi.org/10.37232/sp.1965.3.3.
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Probation is at the present time one of the chief methods of dealing with the criminal offender by the State in its constant endeavours to make the punishment fit the individual crime. Probation has a two-fold purpose — in the first place to protect the chance offender from coming into contact with hardened prison inmates, and in the second place not only to prevent the further demoralization of the offender but also to lead to an improvement in his behaviour. Therefore in ordering probation, the court should not only consider whether the offender is likely to improve without a term of imprisonment, and suspend punishment if it thinks so, but should also issue dispositions that will lead to a real improvement in the offender’s behaviour. This can only be done if the offender, instead of being deprived of his liberty is subjected to other educative influences. For example, the court may impose certain conditions on the convicted person, and order him to be placed under the supervision of a probation officer for a certain period. This last measure is undoubtedly of prime importance, since it not only provides a check on the offender, but also gives him the indispensible support of a person to guide and advise him. Supervision is therefore the principal factor which determines the effectiveness or otherwise of the probation. The first part of the paper (Introductory remarks) explains how supervision determines the effectiveness of the probation system. The second part of the paper, headed „development of legislation and doctrine” describes the growth of the probation movement in Poland from 1918 up to the present day as regards theory, legislation, and the measurement of justice. In Polish legal literature probation is mentioned as far back as the eighties of last century, when Polish writers report the introduction of the probation system in the English speaking countries and recommend its adoption in Poland. There was a marked increase of interest in this problem when Poland gained her independence at the end of the first World War. The Criminal Code, enacted in 1932, which unified and replaced the previous criminal law of the Partition Powers, introduced wide rules on suspension of the execution of sentence and authorized the courts to place an offender whose sentence had been suspended, under the supervision of a „trustworthy person or institution”.Between 1932 and 1939, however, this regulation was not put into practice by the Polish courts, for during this period no State or social bodies were set up to exercise such supervision.After the second World War, the regulation on probation was in abeyance until 1961. For it was not until that year that the Minister of Justice issued an order creating for the first time in Poland the necessary machinery for a probationary system. Following this order, the probation officer were attached to every voivodship and district court. The probation officers carry out their duties on a voluntary basis. Their rights and duties are prescribed by the order, which also defines the duties of the offender towards the probation officer. It also fixes the way supervision may be entrusted to bodies such as places of employment or social organizations.In the second half of 1961 the courts began to put offenders on probation and give them into the care of the voluntary probation officers. This practice, however, did not spread as was expected. Quite the contrary, for between 1962 and 1964 the number of persons given into the care of a probation officer decreased steadily. At the same time it should be noted that suspension of the execution of sentence became more and more common. So the probationary supervision of offenders, the execution of whose sentence has been suspended, is still in the experimental stage and in actual practice does not play any great part in the execution of justice.The third part of the paper proposes certain changes in the legislation, especially concerning those elements of suspension of execution of sentence which really decide whether the probation is effective or not. In this part of the paper the author also discusses the draft of the Criminal Code that was published in 1963.The main conclusions reached by the author are that much more should be done to exert an educative influence on the offender during the probation period. He particularly advocates building up a fixed system of conditions which must be fulfilled if the probation period is to be completed successfully. He points out, however, that the law must enumerate these duties taxatively. During the probation period the court should have the right to impose new conditions on the probationer or free him from some conditions, or shorten or lengthen the period of probation.The author is in favour of employing professional and suitably qualified personnel as probation officers, although probationers may also be entrusted to individual voluntary officers or institutions representing the offender’s environment.Comments are also made on the course of the probation period, its termination, pre-sentence investigation, and the financial aspect of probation. The paper closes with remarks on the form of the legal acts that regulate the course of the probation period. The author would like to see a special statute governing this problem, which would be an extension of the basic points contained in the future Criminal Code.
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Dudka, N. O. "PROBATION SUPERVISION OF JUVENILES IN THE CONTEXT OF AMENDMENTS TO THE CURRENT LEGISLATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (June 27, 2024): 87–95. http://dx.doi.org/10.32755/sjcriminal.2024.01.087.
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The humanization of execution of punishment has become the main goal of reforming the penitentiary sector on Ukraine’s path to European integration. The penitentiary system changed with the adoption of the Law of Ukraine “On Probation” in 2015. The Law of Ukraine “On Probation”, which defines the principles of the national probation model, created in accordance with the probation standards set out in Recommendation CM/Rec (2010) 1 of the Committee of Ministers of the Council of Europe to Member States on the Council of Europe Rules on Probation. The law defines probation not only as an alternative type of punishment, but also as a measure of influence that has a criminal law and social and educational character. Supervision of the offender is one of the components of probation, and it is considered not only a control function, but also a means of counseling, assistance or motivation. A significant amendment to the Criminal Code of Ukraine is the introduction of a new type of punishment – probation supervision. Probation supervision is a punishment alternative to imprisonment. The peculiarity of probation supervision for juveniles is that this type of punishment is imposed for a period of one to two years. The article is devoted to characterizing the issues of implementation of probation measures in relation to juveniles in modern conditions, taking into account the changes to the current legislation of Ukraine. The concepts of “probation” as a new system of work with convicts and “probation supervision” as a new type of punishment are revealed. The reasons for the introduction of probation supervision into the current legislation are determined. The aspects of probation supervision in relation to juveniles are considered. The author defines the obligations that the court imposes on a convicted person subject to probationary supervision; the obligations that the court may impose on a convicted person subject to probationary supervision. The term of probationary supervision in respect of juveniles has been established. Key words: probation, probation system, probation body, probation for minors, probation supervision, complex impact, sentenced to probation supervision, duties of the convicted.
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Dobrochna Wójcik. "Praca kuratora dla nieletnich w opinii sędziów sądów rodzinnych i kuratorów społecznych." Archives of Criminology, no. XV (October 30, 1988): 203–49. http://dx.doi.org/10.7420/ak1988e.
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The paper contains the results of a questionnaire study carried out on national representative samples of family courts judges (277 persons) and voluntary probation officers (247 persons). The main aim of the study was to obtain the practicians opinion as to the model of probation service existing in Poland and its ideal vision, as well as the conception of the work of a voluntary probation officer with a juvenile delinquent and his milieu and the: effectiveness of such work. comparing the statements of judges and voluntary probation officers, the author intended to find out what opinion the persons who play various parts in the process of resocialization of juveniles have on the educational work of voluntary probation officers: what this work should be and what it actually is. The picture that emerges from the statements of both groups of respondents is not favourable, the appraisals made by family courts judges being more, critical as a rule than those of voluntary probation officers. Some of the respondents statements are declarations and wishes. Over a half of the family courts judges (58 per cent) and about 80 per cent of voluntary probation officers consider the voluntary-cum-professional model of probation service for juvenile delinquents found in our country to be a good one (although only a part of them approve of it fully, with the remaining ones accepting it conditionally and submitting various proposals for its improvement). On the other hand, as many as 42 per cent of judges and about 20 per cent of voluntary probation officers opt for the performance of supervision -by professional probation officers only. To substantiate their standpoint, these persons argue that voluntary probation officers lack qualifications, are insufficiently engaged in educational work with juveniles, and that in their case difficulties arise in executing the proper performance of supervision. Also the enrollment of voluntary probation officers is disapproved of, the examined persons stating that in the face of a small number of applicants for this work, no requirements can be imposed upon them, and many of them are chance persons with no training whatever. As few as 7.6 per cent of family courts judges and as many as 48.6 per cent of voluntary probation officers are of the opinion that probation officers are well prepared to perform their function of resocialization. In the opinion of most respondents, the number of voluntary probation officers is greatly insufficient. The author was also interested in the respondents vision of the voluntary probation officer's work with a juvenile and his milieu, the elements that should prevail in this work: education, care or supervision, and the actual situation in this respect, as well as the real course of this work. Most respondents (78 per cent of judges and 52.2 per cent of probation officers) stresed the educational elements of a voluntary -probation officer's activity. :What is alarming, however, is the fact a considerable group both of family courts' judges (21.3 per cent) and of voluntary probation officers (30 per cent) believe formal supervision to be the most important aspect. Yet as shown by the findings of the study, the actual work of .a voluntary probation. officers departs greatly from the declared ideal model. Voluntary probation officers are burdened with an excessive number of supervised juveniles, with about 30 per .cent of them supervising over 10 persons which is the number set as the maximum. The majority of respondents demand a reduction of the number of juveniles under supervision, which is however difficult to be fulfilled because of the lack of candidates willing to become probation officers. As appears also from the respondents statements, there is no elaborate conception of the voluntary probation officer's work. Too much weight is attached when appraising this work to its formal criteria (e.g. the number of probation officer's contacts with the juvenile). Instead, the quality of his work is inadequately analyzed. Admittedly, both professional probation officers and most of all family courts judges lack sufficient data to carry out such an analysis: namely, the information about a voluntary probation officer's work come from his reports that are frequently faulty as regards quality, contents and promptness; this appears not only from the judge's but also from the voluntary probation officers' own statements. Co-operation between voluntary probation officers on the one hand, and profesional probation officers and family courts' judges on the other hand, is also faulitly organized. The respondents perceive this co-operation as the opportunity to settle definite legal, educational and organizational matters rather, than as a regular influence of the family court towards an improvement of the voluntary probation officers' qualifications and an increase of their educational impact on the juveniles. In resocializing activities, great weight is attached to the educational methods applied by the voluntary probation officer. His basic method is considered to be that of individual therapy which should be accompanied by group and environmental therapy. As appears from the statements of most voluntary probation officers, the forms of their work, and of influencing the juvenile in particular, were rather modest and poorly differentiated, the probation officers revealing litt1e initiative and being either relucant or unable to make the contacts with juvniles supervised by them more diversified. As few as about 20 per cent of the examined voluntary probation officers were in good contact with some of their probationers at any rate, the contact being of a therapeutical character (which was important in so- far as over 40 per cent of probation officers stated that they supervised- juveniles with personality disorders). In resocializing work, the posibilities of influence in a group of young persons are insufficiently used. Moreover, voluntary probation officers meet with many difficulties in co-operating with their probationers families, their contacts with the institutions engaged in crime prevention, education or social assistance being also unsatisfactory. Voluntary probation officers co-operate rather regularly with schools, the police, the Polish Committee for Social Aid and occupational guidance centres only (though naturally the degree of a voluntary probation officer's co-operation with the abovementioned institutions differs). The respondents of both groups expressed their opinions about the effectiveness of the supervision, its conditions and criteria. In general, views of family courts judges and of volunatry probation officers converged to a high degree, the majority of respondents being of the opinion that nothing but the juvenile's complete and positive participation in the social life and proper performance of due social roles testifies to a successful ending of a supervision. Convergences could also be found. between the judges and the probation officers opinions about the conditions of success vs. failure of supervision. Discussing successful supervisions respondents of both groups stressed the importance of good relations between the probation officer and his probationer, co-operation with the juvenile’s parents, their emotional commitment and readiness to act jointly with the probation officer, the probation officer's competence in getting into emotional contact with the juvenile and his family and to win their confidence. According to the respondents, the most important factors that determine a failure of supervision are: the juvenile's considerable demoralization, influence of the negative peer group, a negative family milieu and a lack of co-operation. with the probation officer on the part of the parents. Therefore, respondents of both groups lay a great emphasis on the importance of emotional relations which should link the three parties involved: the juvenile, his parents, and the voluntary probation officer. The necessity of mutual approval, understanding and respect for each other’s rights, was particularly stressed. Mutual good emotional relations linking the above-mentioned persons seams to be the key issue as far as success or failure of super- vision is concerned. If both the juvenile and his parents have a favourable attitude towards the probation officer and trust him, it will be much easier for him to persuade the juvenile of the necessity of regular learning or changing his conduct, and his parents-of the need for co-operation. Therefore the findings point to the fact that the declared shape of the work of a voluntary probation officer is much better than the actual one. The final part of the questionnaire was devoted to the use of educational measures and obligations of juvenile delinquents and their parents resulting from provisions of the Act of Nov. 26, 1982 on the proceedings in cases concerning minors. The Act introduced new educational measures and obligations of juveniles, as well as the possibility of punishing the juvenile's parents with a fine and notifying their workplaces or social organizations they are members of about their failure in parental obligations whenever this failure is caused by the parents fault. About 60-70 per cent of the judges never applied the newly introduced educational measures nor imposed obligations upon juveniles, although over a half of the judges and 60-70 per cent of the voluntary probation officers are convinced that it was right to introduce these new measures. A part of the respondents however (one-fourth of the judges and one-fifth of the probation officers) express their doubts as to the possibilities of the family court's supervision of performance of the obligation imposed upon juveniles. Very few judges applied disciplinary measures towards the juveniles parents in practice, although about 25 per cent of them express an opinion as to the effectiveness of a fine, and about 18 per cent believe that notifying the parents workplace may bring about satisfactory results. As compared with judges, voluntary probation officers expressed their favourable opinion as to the effectiveness of these measures more frequently (44 and 62 per cent respectively). Because of a relatively short period of binding force of the new provisions (which was about one and a half years at the moment of the study), the problem of application of some of the educational measures and obligations in particular, as well as the judges and probation officers opinion as to their pertinence and the possibilities of supervising their execution should be investigated further.
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Hyatt, Jordan M., and Geoffrey C. Barnes. "An Experimental Evaluation of the Impact of Intensive Supervision on the Recidivism of High-Risk Probationers." Crime & Delinquency 63, no. 1 (July 9, 2016): 3–38. http://dx.doi.org/10.1177/0011128714555757.
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This article reports the results of an experimental evaluation of the impact of Intensive Supervision Probation (ISP) on probationer recidivism. Participants, who were assessed at an increased likelihood of committing serious crimes and not ordered to specialized supervision, were randomly assigned to ISP ( n = 447) or standard probation ( n = 385). ISP probationers received more restrictive supervision and experienced more office contacts, home visitations, and drug screenings. After 12 months, there was no difference in offending. This equivalence holds across multiple types of crimes, including violent, non-violent, property, and drug offenses, as well as in a survival analysis conducted for each offense type. ISP probationers absconded from supervision, were charged with technical violations, and were incarcerated at significantly higher rates. Policy implications for these results are discussed.
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Ivasheva, T. V., and I. M. Klochko. "SPECIFIC ASPECTS OF GENDER PECULIARITIES OF WOMEN’S SERVICE AND WORK IN PROBATION AUTHORITY AND IN AUTHORIZED BODIES ON PROBATION ISSUES." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 2 (August 15, 2023): 59–74. http://dx.doi.org/10.32755/sjcriminal.2022.02.059.
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The problem of gender peculiarities of women’s service and work in probation authority and in authorized bodies on probation issues is raised in the article. Since 2015, with the adoption of the law, there has been a paradigm shift in the execution of non-custodial sentences. The main direction of work with convicts, along with supervision and control, was the implementation of social and educational work, taking into account the assessment of the risks of repeated criminal offenses. The specified circumstances influenced the partial feminization of the authorized bodies on probation issues. At the same time, the majority of probation subjects are men. In the article, the authors presented the results of a survey of employees of the probation body and authorized bodies on probation issues from different regions of Ukraine, using an anonymous questionnaire, as well as conducting individual interviews. The study analyzed the perception of women from among the personnel of the probation body and authorized bodies on probation issues of their own gender while implementing probation functions. The study reveals the ways in which employees of the probation authority and authorized bodies on probation issues perceive gender in their work, some aspects of the violation of the principle of gender equality in relation to women in Ukraine at the workplace are outlined. Also, a definition of the concept of gender and analyzes the main regulatory and legal documents establishing the equal rights of women and men in Ukraine and the world are provided in the article. The purpose of the article is to investigate certain aspects of the problem of gender peculiarities of women’s service and work in probation authority and in authorized bodies on probation issues. Key words: gender, gender equality, staff of the probation body, authorized body on probation issues, probation, subject of probation.
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Shim, Hyojin, and JungSub Kim. "Development of an Academic Emotion Regulation Intervention Model for Academic Probation Students." Korean Association For Learner-Centered Curriculum And Instruction 22, no. 15 (August 15, 2022): 401–23. http://dx.doi.org/10.22251/jlcci.2022.22.15.401.
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Objectives The purpose of this study is to develop an academic emotion regulation intervention model for academic probation students.
Methods The study was conducted according to the ADDIE model. First, in the draft model development stage, the process, details, and approach of academic emotion regulation intervention for academic probation students were derived through literature analysis, and each key element of the model was designed so that it could be systematically sequenced to develop a draft model. Second, in the implementation process, the developed preliminary model was applied to academic probation students of actual university sites to confirm the effectiveness of the model. The results of ANCOVA of 22 academic probation students(11 experiments, 11 controls) showed a significant effect on improving academic emotion regulation. In order to analyze the effect, participants' evaluations were analyzed and reflected in the intervention. Third, the evaluation process verified the usefulness and value of the preliminary model. An expert formation evaluation was conducted in a focus group interview composed of nine learning experts. The output from the implementation was reviewed and the value of the developed model was evaluated. Finally, the final model was developed by modifying and supplementing the model.
Results The research results of this study are as follows. First, first, this model organically linked the academic warning overcoming process, academic emotion, and academic emotion regulation process. Second, this model suggests a systematic procedure for learning experts to effectively solve the academic emotional regulation problem of academic warnings. Third, this model presented a 4x3 matrix type of intervention method according to the approach for academic emotion regulation intervention. Fourth, in this model, the academic emotion regulation was cyclically performed in consideration of the academic emotions of the academic warning. Conclusion This study is meaningful in developing a model that can be used by actual learning experts to intervene in academic emotional regulation for academic warnings by fully reflecting the emotional characteristics of academic warnings and the experiences and needs of learning experts.
Conclusions This study is significant in developing a model that can be used by actual learning experts to intervene in academic emotional regulation for academic probations by fully reflecting the emotional characteristics of academic probations and the experiences and needs of learning experts.
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Deering, John, and Martina Feilzer. "Hollowing out probation? The roots of Transforming Rehabilitation." Probation Journal 66, no. 1 (December 28, 2018): 8–24. http://dx.doi.org/10.1177/0264550518820119.
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This article provides a critical perspective on the political and policy history of probation in England and Wales to develop a better understanding of how TR came to be. TR was only the latest act in a longstanding process of changing probation to fit ideological ‘flavours’, and we suggest that it is the hidden nature of probation work in combination with a lack of public legitimation work by probation institutions and probation staff that has placed probation in such a vulnerable position.
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S.S., Ochilova. "What Is Probation Itself? What Kind of System Is It?" International Journal of Multicultural and Multireligious Understanding 8, no. 9 (September 30, 2021): 458. http://dx.doi.org/10.18415/ijmmu.v8i9.3066.
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The meaning of the word probation within the article, the work in this heading in other nations, the types of punishments for probation, the work of employees on a weekly premise; the types of punishments to be served in probation, the standardizing documents controlling the activities of the probation service, some of the problems encountered in probation activities were analyzed.
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Medvedev, E. V. "PROBATION PERIOD AS A MEANS OF IMPLEMENTING THE FUNCTIONS OF CONDITIONAL SENTENCE." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1131–35. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1131-1135.
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The paper reveals the functional purpose of the norms regulating the procedure for establishing, extending and canceling the probation period on the grounds provided for in Article 74 of the Criminal Code, and determines their place in the mechanism for implementing the protective and restorative functions of criminal law. In the course of the study, the author comes to the conclusion that it is necessary to make a number of changes to this procedure, in particular, concerning the assessment of the grounds and determination of the legal consequences of the cancellation of probation as a result of the commission of an administrative offense by a conditionally convicted person, careless and intentional crimes, as well as violations of the requirements established for the behavior of a convicted person for the period of probation by a court verdict. At the same time, when designing the norms on probation, the legislator should proceed from the fact that the maximum effect of using this tool depends on the degree of integration of the convict's personality into a socially oriented environment, including in terms of correcting his value-semantic attitudes. It can be achieved if the probationer takes part in the life of society on an equal basis with its other representatives, being in the same social status and legal position with them, that is, in conditions of equal opportunities. Therefore, the longer a person is in the status of a convicted (albeit conditionally convicted) and a judged person, the further the prospect of full-fledged re-socialization will move away from him.
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Yushchyk, O. I. "Legal aspects of supervised probation." Uzhhorod National University Herald. Series: Law 2, no. 81 (April 8, 2024): 378–83. http://dx.doi.org/10.24144/2307-3322.2024.81.2.59.
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The article focuses on the legal aspects of supervised probation. Domestic legislation has undergone fundamental changes in the area of regulation of legal relations related to probation following the adoption of the Law of Ukraine «On Probation» on 5 February 2015. Probation is defined as a system of supervisory and social and educational measures applied to convicted persons by a court decision and in accordance with the law, execution of certain types of non-custodial criminal sentences, and provision of information to the court on the defendant. One of the types of probation is supervisory probation, which is aimed at implementing supervisory and social and educational measures in relation to persons sentenced to deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labour, persons whose sentence of restriction of liberty or imprisonment for a certain period of time was commuted to community service or correctional labour, persons released from serving a sentence with probation, pregnant women and women with children under the age of The legal system of probation and the activities of probation bodies in Ukraine is provided for by the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Criminal Executive Code of Ukraine, the Law of Ukraine «On Probation», other laws and international treaties ratified by the Verkhovna Rada of Ukraine. The purpose of supervised probation is to develop individual programmes for the convicted person, which would allow for the re-education of the person, adaptation to society, and prevention of new criminal offences. The main functions of supervised probation are vested in the probation body, which supervises convicted persons, develops and implements probation programmes, which are a necessary component of the tasks of supervised probation. Thus, a necessary component of the re-education of a convicted person is the implementation of the supervisory measures assigned to him/her.
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CARLEY, LORI. "ON PROBATION." Nursing 15, no. 9 (September 1985): 88. http://dx.doi.org/10.1097/00152193-198509000-00024.
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Alm, Steven S. "HOPE Probation." Criminology & Public Policy 15, no. 4 (November 2016): 1195–214. http://dx.doi.org/10.1111/1745-9133.12261.
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Burns, John. "Probation Misperceived?" Probation Journal 34, no. 2 (June 1987): 79. http://dx.doi.org/10.1177/026455058703400228.
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Kirwin, Kevin. "Changing Probation." Criminal Justice Matters 15, no. 1 (March 1994): 17. http://dx.doi.org/10.1080/09627259408552600.
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Jamieson, Janet, and Ian Loader. "Intensive probation." Criminal Justice Matters 28, no. 1 (June 1997): 20–22. http://dx.doi.org/10.1080/09627259708553127.
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Kokoli, Alexandra M. "On Probation." Wasafiri 25, no. 1 (March 2010): 33–40. http://dx.doi.org/10.1080/02690050903425342.
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Dominey, Jane. "Fragmenting probation." Probation Journal 63, no. 2 (April 7, 2016): 136–43. http://dx.doi.org/10.1177/0264550516637244.
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Carr, Nicola. "Strengthening probation?" Probation Journal 65, no. 4 (December 2018): 375–77. http://dx.doi.org/10.1177/0264550518812491.
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Harding, John. "Whither probation?" Journal of Forensic Psychiatry 1, no. 2 (September 1990): 139–41. http://dx.doi.org/10.1080/09585189008408466.
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Annison, Jill, Tina Eadie, and Charlotte Knight. "People First: Probation Officer Perspectives on Probation Work." Probation Journal 55, no. 3 (September 2008): 259–71. http://dx.doi.org/10.1177/0264550508095122.
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Eno Louden, Jennifer, Perman Gochyyev, and Jennifer L. Skeem. "Do Specialty Programs for Justice-Involved People With Mental Illness Exacerbate Stigma?" Criminal Justice and Behavior 47, no. 10 (July 16, 2020): 1211–27. http://dx.doi.org/10.1177/0093854820942825.
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Specialty mental health probation caseloads have shown promise in reducing recidivism for justice-involved people with mental illness. However, assignment to these caseloads may be stigmatizing due to labeling effects. We examined (1) whether assignment to specialty probation versus traditional probation is associated with greater internalized stigma among clients and (2) whether probation officers are the source of some of this stigmatization. As part of a multisite longitudinal study, 138 specialty probation clients and 148 similar clients from traditional probation rated their internalized stigma of mental illness, and officers rated their attitudes toward each of their supervisees. Specialty probation clients experienced more internalized stigma ( d = .61) than traditional clients. Although both specialty and traditional officers held stigmatizing attitudes toward clients, only traditional officers’ attitudes were associated with clients’ internalized stigma. Probation officers from both types of agency may benefit from antistigma interventions to effectively work with clients with mental illness.
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Khokhar, Javed Iqbal, Muhammad Arshad, and Afzaal Afzal. "Perceived Effectiveness of Probation System under Pakistani Criminal Justice Administration: Evidence-based Study from Parole & Probation Department, Punjab, Pakistan." Summer 2023 4, no. 3 (September 30, 2023): 108–15. http://dx.doi.org/10.55737/qjssh.573685100.
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The probation system, as a functional part of criminal justice administration, deals with low-risk offenders to rehabilitate and bring them into mainstream socio-cultural and family life. The probation system provides opportunities to convicted offenders conditionally and releases them under the supervision of a probation officer. This empirical highlighted the importance and effectiveness of the probation system and its impacts on probationers. The primary data was collected from probationers who had experience imprisonment before probation order from ten districts of Punjab province. Data was collected through a structured questionnaire, and results revealed that the probationers who were ex-prisoners perceived the probation period very positively, with significant impacts on their physical, psychological, and social life. The probation system was found effective in the process of rehabilitation of offenders under criminal justice administration. Therefore, the offenders incarcerated for minor offenses may be released on probation orders instead of constructing new prisons.
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Kelley, Karl N. "Causes, Reactions, and Consequences of Academic Probation: A Theoretical Model." NACADA Journal 16, no. 1 (March 1, 1996): 28–34. http://dx.doi.org/10.12930/0271-9517-16.1.28.
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This paper presents a three-stage model of academic probation that addresses cognitive, affective (emotional), behavioral, and environmental factors. The first stage examines the precursors to probation—factors that inhibit student performance. The second stage focuses on student reactions to being placed on probation. The various strategies students use to cope with probation are then used to predict the third stage or long-term consequences of probation. The key assumption behind this model is that student causal ascriptions for probation are an important predictor of future performance and self-concept. Intervention strategies are proposed that focus on attributional retraining in addition to traditional programs. Finally, it is hoped that this model will promote heuristic research concerning at-risk students as well as those on academic probation.
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Saefudin, Wahyu, Nasirudin Nasirudin, and Darmalingganawati Darmalingganawati. "The Urgency of Voluntary Probation and Parole Officer in Criminal Justice System in Indonesia." Journal of Correctional Issues 6, no. 2 (December 31, 2023): 341–54. http://dx.doi.org/10.52472/jci.v6i2.364.
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The role of Probation Officers in the criminal justice system in Indonesia has become increasingly significant following the enactment of Law No. 11/2012 concerning the Juvenile Justice System Law, particularly in terms of guidance and supervision closely correlated with the success rate in the reintegration process of former inmates. However, based on the Prison Database System, the number of PKs in Indonesia still needs to be ideal. The ideal ratio of Probation Officers to clients handled is 9,975, but as of November 2023, only 2,851 Probation Officers positions have been filled, resulting in a deficit of 7,124 officers. This research aims to understand the urgency of appointing voluntary probation officers, analyze the practices of voluntary probation officers in other countries, and project the mechanisms for criteria, appointment procedures, task implementation, and working relationships of voluntary probation officers. The method employed is a literature review involving collecting, evaluating, and synthesizing existing knowledge from various written sources to support or provide a basis for the ongoing research. This research indicates that forming voluntary Probation Officers is an alternative solution to meet staffing needs. Additionally, the establishment of the position of voluntary Probation Officer aligns with Government Regulation No. 31/1999 regarding the Development and Guidance of Inmates, which outlines the procedures and requirements for the establishment of voluntary Probation Officers. In practice, voluntary Probation Officers, also known globally as Volunteer Probation Officers (VPO), in Japan have been deemed successful due to their financial efficiency and service effectiveness. In conclusion, establishing voluntary Probation Officers is an alternative solution that the Ministry of Law and Human Rights should promptly realize. Moreover, the successful practices of voluntary probation officers in various countries, including Japan, can guide the design of policies that encompass criteria, procedures, rights, and responsibilities.
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Anishchenko, V. O., and O. I. Mytska. "PREVENTIVE ACTIVITIES OF PROBATION BODIES IN THEIR WORK WITH JUVENILE OFFENDERS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (June 27, 2024): 76–86. http://dx.doi.org/10.32755/sjcriminal.2024.01.076.
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The development of probation in Ukraine is one of the main directions of reforming the penitentiary system. Probation helps to solve a number of issues in the field of correction and re-socialization of persons who have committed certain offenses and who have been given the opportunity by the state to reform and avoid being placed in places of detention. Among the subjects of probation, the category of “juveniles” requires special attention, as the results of the study confirm that probation authorities should intensify their work with them to prevent repeat offenses. While studying it was found that a number of measures should be added to the existing tasks of probation authorities to strengthen their preventive activities in working with juvenile offenders. The results of the study can be used in lawmaking and law enforcement activities during the probation of juveniles. Key words: juvenile probationers, probation authorities, repeat offense, preventive activity, probation, system of preventive measures, social and educational work.
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Romain Dagenhardt, Danielle M. Romain. "“You Know Baseball? 3 Strikes”: Understanding Racial Disparity with Mixed Methods for Probation Review Hearings." Social Sciences 10, no. 6 (June 20, 2021): 235. http://dx.doi.org/10.3390/socsci10060235.
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Prior literature on judicial decision-making post-sentencing is relatively scarce, yet with the growth of problem-solving courts and offenders placed on probation, judges are responsible for overseeing compliance of offenders beyond traditional decision-making points. More recently, scholars have called for more nuanced methods of examining judicial decision-making, disparity, and attribution than traditional quantitative methods. This study examines the factors that influence judicial sanctioning of probationers for non-compliance in a domestic violence court. The following research questions are examined: Which factors predict whether a probationer is sanctioned for non-compliance? What are the discourses utilized to frame these violations? Are there differences in discourses utilized based upon a probationer’s race? This study combines participant observation of probation review hearings with agency records for a mixed-methods examination of which factors influence the decision to sanction non-compliant probationers, and whether differences emerge based on race. The sample included 350 cases of probation review hearings with 100 cases selected for critical discourse analysis. Results demonstrated that drug use, missed treatment sessions, gender, race, and family status influenced sanctioning decisions. Qualitative results demonstrated that judges evaluate probationers based upon contextual information, which at times relies on racial discourses of drug use and responsibility.
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Brady, Kellie. "Some People Just Shouldn’t Have Kids!: Probation Conditions Limiting the Fundamental Right to Procreate and How Texas Courts Should Handle the Issue." Texas Wesleyan Law Review 16, no. 2 (January 2010): 225–47. http://dx.doi.org/10.37419/twlr.v16.i2.4.
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This Comment focuses on the ability of a judge to limit the fundamental rights of a probationer through the imposition of probation conditions; more specifically, the ability of judges to limit the fundamental right to procreate. Although courts across the nation are split on the issue, Texas courts could have addressed this as recently as September 2008 when Salazar's case came before the Travis County court. But, with no objection, and consequently no appeal, the trial court's order will stand as issued. This Comment will start with a brief history-the history behind the fundamental right to procreate and the history of probation throughout the country, first looking at the federal system and then the state systems in general. This Comment continues by examining how the courts across the nation have treated the issue of limiting the fundamental right to procreate. Because Texas has no established precedent examining the constitutionality of conditions of probation that limit the right to procreate, cases that limit other fundamental rights will be examined to see if a natural analogy can be made. Finally, this Comment will conclude with an analysis of how Texas courts should treat the issue when faced with it in the future. And realistically, they will definitely have that opportunity.
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Druzhininskaya, Olga Vasil’evna, and Olya Zokirovna Titova. "Representation of the legal concept of PROBATION in English legal terminology." Philology. Issues of Theory and Practice 16, no. 12 (December 18, 2023): 4277–82. http://dx.doi.org/10.30853/phil20230650.
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The paper considers the representation of the legal concept of ‘probation’ in English legal terminology using the material of lexicographic sources. The aim of the study is to identify the semantic features of the lexeme ‘probation’, which is the basic term for naming the legal concept of ‘probation’ in English legal terminology. The authors determine the semantic scope and processes of change in the semantics of the word ‘probation’, analyze the relationship of the key term with other words representing the concept of probation. The scientific novelty of the work lies in the following: the study is the first to describe the semantics of the word ‘probation’ in English from diachronic and synchronic perspectives, as well as to identify the features of verbalization of the legal concept named by the term ‘probation’. As a result, it has been found that the process of testing, verification historically constituted the main semantic content of the analyzed word, which served as a basis for the further formation of the legal concept of ‘probation’. It is emphasized that the term ‘probation’ contains additional elements of the content of the legal concept, while the concept itself reflects the basic, essential features.
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Duka, Oleh. "Some Countries’ Experience in Organizing Professional Training and Activity of Probation Officers." Comparative Professional Pedagogy 7, no. 4 (December 1, 2017): 98–102. http://dx.doi.org/10.1515/rpp-2017-0056.
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Abstract In the article, some countries’ experience in organizing professional training and activities of probation officers has been analyzed. Based on comparative analysis of activities of the Probation Institute abroad, it has been determined that probation service has different functional and organizational features in individual countries. For instance, probation service in different countries is subordinate to different agencies. Thus, probation service in Great Britain, Denmark, Japan, Finland, Norway, Latvia, the Czech Republic and Estonia is under the control of the Ministry of Justice; in the USA, Germany, Hungary, it is subordinate to the judiciary; in the Netherlands – public prosecutor’s office; in Sweden – prison authorities; in Singapore, probation service is under the guidance of the Ministry of Community Development and Sports. Another difference consists in the fact that in some countries the law defines probation as punishment (Sweden, Finland, Latvia), whereas in other countries it refers to some criminal measures (Great Britain), exemption from punishment (Estonia) or is not determined at all (the USA). Despite the differences, the goals and means of achieving them in each probation service are similar in the context of criminal law. The approaches to professional training of probation officers have been analyzed and relevant conclusions have been drawn regarding organization of probation officers’ professional training in Ukraine. In particular, work with offenders should be performed by highly qualified specialists who have a degree and who have passed specialized training courses in educational institutions subordinate to probation authorities. It is important that the content of probation officers’ professional training should be constantly updated, taking into account new approaches and methods of working with convicts, which are recognized as effective.
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Ermasov, Evgenij. "Improvement of regulatory and legal regulation in the field of execution of criminal penalties during the introduction of probation." Penal law 18, no. 2 (September 29, 2023): 200–210. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).2.200-210.
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The Federal Law “On Probation in the Russian Federation” is considered in the article as part of the improvement of legal regulation in the field of execution of criminal penalties. The article analyzes the signs according to which the Law on Probation should be evaluated as a model law that creates a general probation system as a set of measures aimed at providing assistance to persons serving (having served) criminal sentences and finding themselves in a difficult life situation. The Law on Probation expands the field of penal enforcement law, as evidenced by the provisions establishing the list of persons to whom probation is applied, the organization and implementation of the functions of post-penitentiary probation by institutions of the penal enforcement system of Russia, the connection of the main directions of probation with means of correction. The implementation of the Law on Probation provides for the need to prepare separate regulatory legal acts (determined by the Apparatus of the Government of the Russian Federation), a list of which is given in the article. Their publication is aimed at implementing not only the provisions of the Law on Probation, but also the rights of convicts established in the Penal Enforcement Code of the Russian Federation, as well as conducting educational work with convicts. Thus, the introduction of the institute of probation and the publication of normative legal acts aimed at implementing the Law on Probation, simultaneously provides for the improvement of regulatory and legal regulation in the field of execution of criminal penalties.
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Phelps, Michelle S. "Mass Probation from Micro to Macro: Tracing the Expansion and Consequences of Community Supervision." Annual Review of Criminology 3, no. 1 (January 13, 2020): 261–79. http://dx.doi.org/10.1146/annurev-criminol-011419-041352.
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Between 1980 and 2007, probation rates in the United States skyrocketed alongside imprisonment rates; since 2007, both forms of criminal justice control have declined in use. Although a large literature in criminology and related fields has explored the causes and consequences of mass incarceration, very little research has explored the parallel rise of mass probation. This review takes stock of our knowledge of probation in the United States. In the first section, I trace the expansion of probation historically, across states, and for specific demographic groups. I then summarize the characteristics of adults on probation today and what we know about probation revocation. Lastly, I review the nascent literature on the causal effects of probation for individuals, families, neighborhoods, and society. I end by discussing a plan for research and the growing movement to blunt the harms of mass supervision.