Aspects of Probation

There are times when almost everyone wonders exactly what the purpose of probation is, what kinds of conditions can be imposed if someone is put on probation, and what roles the probation officer and the court systems play in the scheme of things. If you know someone that is on probation it may not hurt to know a little bit about the way it works and that is exactly what we will be talking about here.

Probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge. Probation is the conditional release of an individual by the court after he has been found guilty of the crime charged. In the case of probation then, the individual has not been sentenced to prison, although he may, in fact, have been incarcerated in jail following his arrest and awaiting trial.

Probation is in fact a charge and not a dismissal of charges, as many people believe. Many people believe that putting a person on probation is just a "slap on the wrist" and that it will not stop the person from committing further crimes but the term of probation is supervision and if it is broken punishment will follow for the probationer.

Probation is a basic tool of rehabilitation for first time offenders and very few if any person who has more than one offense will receive probation. These offenders are more likely to receive jail or prison time for their offenses. Even first time offenders revert to crime during probation, which in turn embarrasses the court that gave that person probation rather than a jail or prison sentence.

One helpful aspect of probation is the indication of a certain trust and confidence placed in the offender by the judicial order or probation officer. Another helpful aspect of probation is that there is actual supervision and guidance by a probation officer.

Probation is an extension of powers of the court over the future behavior and destiny of the convicted person by showing them ways to keep themselves out of trouble later and hope that they will learn their lesson the first time. It helps to avoid the shattering effect upon the individual's personality which so frequently follows imprisonment. Probation manages to keep the person in his old moorings: it makes no sudden and violent wrench in his daily habits; it does not destroy his family relations, his contacts with his friends, or his economic independence. All that is good and desirable in the probationer's old habits are not changed drastically. The crime for which the person was arrested isn't dramatized and used as a reason for disrupting the rhythm of his life.

The number of conditions that a judge can impose upon a person on probation is amazing and there are some that make some of us wonder how they can actually make a person live a life that is not theirs. There are many conditions of probation that a judge or a probation officer can impose upon the probationer. Some of the conditions that can be imposed include: supporting his dependents and meeting any other family needs, paying a fine or making restitution to the victim of the crime that was committed, keeping a job if they have a suitable one and if not training for or getting one that is suitable.

There are some conditions that are imposed because of the offense that the probationer was found guilty of, for instance, refrain from engaging in a specific occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances; refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons.

In a lot of cases conditions imposed include refraining from the excessive use of alcohol, or use of any narcotic drug or other controlled substance without a prescription from a licensed medical practitioner, refrain from possessing a firearm, destructive device, or any other dangerous weapon. Also in many cases the court will impose a condition that the probationer must undergo available medical, psychiatric, or psychological treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose. The court is able to make the condition of residing at a community correctional facility during all or part of the time of the term of probation for some cases that go to court. In some cases the probationer must work in community service as directed by the court to make up for the crime that was committed.

The court is also able to decide where the probationer is allowed to live. This has to do with the chances of breaking probation if the person is living a specific area, therefore the court could tell the probationer where he is going to live during the probation period and the court could also tell the probationer that he could not live in a specific area. The probationer must remain within the jurisdiction

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