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Probation - Research Paper Example

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University Name Date Introduction Probation is nature under which a defendant, after sentence and conviction, is free and the court imposes some conditions where a probation officer will be supervising the defendant. It refers to where the convicted offender is given liberty in the time of the sentence suspension, where their good conduct will stipulate their liberty…
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Download file to see previous pages It further indicates that probation can be prearranged by way of suspended sentence or a conditional discharge. Probation can include disposition such as intermittent sentence, fine, imprisonment for term not more than two years and conditional sentence. A probation order comes in on the day it is made and if it is to follow incarceration, it is made on the finishing term of the prisons. Probation order comes into effect at the conditional sentence expiration. Probation orders cannot be made to run consecutive to another order. Again, it cannot remain in force for more than three years and can only end on the expiry date unless there is termination or revocation of the order by the court. According to Mcscs.jus.gov (2011), breach of probation by the offenders without logical excuse, is termed as an indictable offence and can fetch a maximum penalty of not more than two years and also the offence is punishable on conviction summary and jail penalty not exceeding 18 month or a fine not exceeding 2,000 dollars. The suspension of the sentence permits an appositive action to be taken may be either the execution of the sentence of suspension or imposition of the sentence of the suspension. ...
violation of probation, the judge usually suspends sentence imposition and the judge looks for additional material of information on which to base a decision regarding the imposed sentence. There are conditions of probation which are laid where a probation officer has authority to supervise a person who has been put on probation with a reporting condition. Mcscs.jus.gov (2011) states that form of reporting and frequency are outlined by the court. Where the condition is phrased as “report as directed” and a reporting schedule is outlined, the probation officer completes a comprehensive assessment to determine frequency and intervention of reporting based on the offender’s analysis risk to re-offend and need in areas linked with conduct of the criminal. Hough (2006) states that probation is explicitly people-focused compared to other mixed value system at officer level in the prison services. People-focused values often coincide with those liberal values towards enforcement, punishment and the number of times that an offender should be given when their lives are in chaos. In probation services, the government’s assumption is that the senior management has more control and that they have what is needed to secure judicial and public confidence. Although there have been problems in the early and mid 1990s with the primacy given to probation staff to the expense of control and with failure to enforce the conditions of probation orders with acceptable rigors; national association of the police organization (NAPO) has dealt with these cases pretty decisively. Since then, energy for probation enforcement has improved continuously and the role of probation in the community for delivering punishment is now an accepted fact. However, in the process, the workforce ...Download file to see next pagesRead More
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