Chapter 4
How Probation Developed:
Chronicling Its Past and
Present
Precursors to American Probation
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Early legal practice in the United States was
distinct from British common law:
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Security for good behavior, good abearance
Filing
Motion to Quash
Sureties
All had the objective of mitigating punishment.
LO: 1
Recognizance and Suspended
Sentence
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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
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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
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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
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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
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Matthew Davenport Hill receives credit as a cofounder 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
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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
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From the 1700’s-early 1800’s, children were
disciplined by their parents and other adults in
the community.
Between 1817-mid 1840’s, “child savers”
institutionalized runaway or neglected children.
The Illinois Juvenile Court Act of 1899
established the first juvenile system based on
reformation and treatment.
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Juvenile Probation & Juvenile
Court, Con’t.
The doctrine of parens patriae governed juvenile
court proceedings, using four principles:
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
4.
Removing children from their parents should be
avoided
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Early Probation Legislation in
Other States
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New York’s probation law allowed police
officers to be 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
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What branch of government does the probation
agency fall under: executive/state or
judicial/local?
Is the probation agency combined with parole,
or is it a standalone department?
Does the agency combine their adult and
juvenile supervision together, or are they
separate?
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Community Corrections Acts
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Community Corrections Acts (CCAs) are
statewide agreements through which funds are
granted to local governments to develop and
deliver community correctional sanctions and
services.
The first community corrections act was
enacted in Minnesota in 1973, and they now
exist in 28 states.
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Changing Concepts of Supervision
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The Casework Model: 1900-1970
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Provided therapeutic services to clients to assist them
in living productively in the community
Brokerage of Services Model: 1970-1980
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The officer determines the needs of the probationer or
parolee and makes a referral to the appropriate
community agency
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Changing Concepts of
Supervision, Con’t.
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Community Resource Management Team
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Individual officers specialize in specific treatment areas,
i.e., drug abuse, employment, etc.
Justice Model of Supervision: 1980-1995
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Some degree of deprivation of liberty
Reparation to the victim or community
Emphasis on Public Safety
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