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CJC1162
Parole & Probation
Chapter 2
How Probation Developed: Chronicling Its Past and Present
Precursors to American Probation
 Ducking
o If guilty water would reject the wrongdoer.
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Precursors to American Probation
 Amercement
o Monetary penalty imposed arbitrarily at the discretion of the court for an offense
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Precursors to American Probation
 Early legal practice in the United States was distinct from British common law:
o Security for good behavior, good abearance
 Fee paid to the state as collateral for a promise of good behavior
o Filing
 Indictment was “laid on file,” or held in abeyance, without either dismissal or
final judgment
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Precursors to American Probation
 Motion to Quash
o An oral or written request that the court repeal, nullify, or overturn a decision, usually
made during or after the trial
 Sureties
o An individual who agrees to be responsible for the debt of a defendant or who
answers for the performance of the defendant should the defendant fail to attend the
next court appearance
 All had the objective of mitigating punishment
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Recognizance and Suspended Sentence
 Recognizance began in 1830 in Commonwealth v. Chase
 A suspended sentence is a court order, entered after a verdict, finding, or plea of guilty, that
suspends or postpones the sentence contingent on the good behavior of the offender.
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Two Kinds of Suspended Sentences
 Suspension of imposition of sentence occurs when a verdict or plea is reached, but no
sentence is pronounced and there is no conviction.
 In suspension of execution of sentence, the defendant is placed on probation and the
conviction remains on the record.
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The Power to Suspend Sentence
 English common law courts had the power to suspend sentence for a limited period or for a
specific purpose.
 The common practice of suspension in the federal courts ended with the Killits decision in
1916.
 The Federal Sentencing Reform Act in 1984 recognized probation as a bona fide sentence.
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Founders of Probation
 The first probation law was passed in Massachusetts in 1878.
 John Augustus receives credit for founding probation in the United States.
 In 1891 in Massachusetts, probation officers were first recognized as official salaried agents
of the court.
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Early Probation
 Matthew Davenport Hill receives credit as a co-founder of probation for laying the
foundation in England.
 Historically, federal judges were resistant to the enactment of federal probation legislation.
 The National Probation Act was passed by Congress in 1925.
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Federal Probation
 The federal probation system was administered by the Federal Bureau of Prisons from 19301940.
 In 1940, administration of the system moved to the Administrative Office of the U.S. Courts.
 The 1984 Comprehensive Crime Control Act abolished federal parole and all releasees came
under probation supervision.
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Juvenile Probation & Juvenile Court
 From the 1700s-early 1800s, children were disciplined by their parents and other adults in the
community
 Between 1817-mid 1840s, “child savers” institutionalized runaway or neglected children
 In 1890, “placing out” put some children in foster homes
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Juvenile Probation & Juvenile Court, Cont’d
 The Illinois Juvenile Court Act of 1899
o Established the first juvenile system based on reformation and treatment
o Legally established a juvenile system different from the adult system to stop the
exploitation of children
o Based on belief a child’s behavior was the product of poor family background and
surroundings
o Geared toward rehabilitation
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Juvenile Probation & Juvenile Court, Cont’d
The doctrine of parens patriae governed juvenile
court proceedings, using four principles:
 “The state is parent”
1. The court appointed a guardian to care for the child
2. Parents of offenders must be held responsible
3. Jail was unsuitable, regardless of offense
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4. Removing children from their parents should be avoided
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Early Probation Legislation in Other States
 New York’s probation law allowed police officers to be probation officers.
 Other states did not allow police officers to serve as probation officers
 Many early probation workers were volunteers due to the lack of appropriations.
 The adoption of probation laws by the various states utilized both county and state
organizational models.
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Organizational Questions
 What branch of government does the probation agency fall under: executive/state or
judicial/local?
o Florida: State/Executive
 Is the probation agency combined with parole, or is it a standalone department?
o Florida: Combined
 Does the agency combine their adult and juvenile supervision together, or are they separate?
o Florida: Separate
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Florida Department of Corrections
http://fldocjobs.com/paths/cpo/duties.html
Community Corrections Acts
 Community Corrections Acts (CCAs) are statewide agreements through which funds are
granted to local governments to develop and deliver community correctional sanctions and
services.
 Decentralize correctional sanctions & program design to better reflect community values
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Provide for citizen participation
The first community corrections act was enacted in Minnesota in 1973.
CCAs now exist in 28 states.
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Changing Concepts of Supervision
The Casework Model: 1900-1970
 Provided therapeutic services to clients to assist them in living productively in the community
 Caseworker viewed as “social worker”
Brokerage of Services Model: 1970-1980
 The officer determines the needs of the probationer or parolee and makes a referral to the
appropriate community agency
o Vocational rehab services
o Employment counseling
o Drug/alcohol program
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Changing Concepts of Supervision, Cont’d
Community Resource Management Team
 Individual officers specialize in specific treatment areas, i.e., drug abuse, employment, etc.
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Justice Model of Supervision: 1980-1995
 Some degree of deprivation of liberty
 Based on concept of just deserts and even-handed punishment
 Determinate sentencing and/or abolition of parole
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Neighborhood-Based Supervision (NBS) 2001- Present
 Also known as “community justice” or “broken windows probation”
 Elements of NBS:
 Emphasis on Public Safety
 Partnerships with police, treatment providers, and faith-based initiatives
 Supervision infield beats
 strong and consistent enforcement of probation conditions use of satellite tracking and
geographic information systems technology
 Rational allocation of resources using offender assessment
 Measuring program effectiveness by establishing performance-based initiatives
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Nationwide, Who is on Probation?
 Probationer demographics have stayed fairly stable over time
 About 60% of probationers have a direct probation sentence, 30% have a suspended
sentence, 9% have a split sentence
 Most probationers have been sentenced for drug or alcohol crime, followed by property
crimes
 Less than 20% are sentenced for violent crimes
 Nationwide, 56% of probationers are white, 30% are African-American, 12% are
Hispanic, 2% are Native American or Asian/Pacific Islander
Casey Anthony Probation
Casey Anthony was sentenced to one year probation for her check fraud conviction in a case that
occurred before her murder trial, where she was acquitted in the death of her 2 year old daughter.
Because of security concerns, the Florida Department of Corrections would not release the name
of her probation officer or the location of the office where Ms. Anthony would report.
On August 24, 2012, Casey Anthony ended her state supervised probation and became a free
citizen of the United States.
Community Corrections Acts
 http://centerforcommunitycorrections.org/?page_id=78
 See Community Corrections Acts by state, published by the Center for Community
Corrections
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