Probation - Definition, Examples, Processes - Report Example

Kinds of probations Probation in this most basic of definition and practice, probation is a form of sentence that is available in lieu of jail time. It is normally availed to first time, non-violent criminals, so that they may be allowed to remain living within the people and continue with their daily activities. There are quite a number of types and nature of probations and they vary in their individual terms and conditions and with the kinds of crimes and cases in which they are involved. They include pretrial, informal, supervised/formal, community control, shock, suspended trial, split sentence or residential probations. It is worth noting that pretrial probation is one whereby the offender is put on probation in a government-offender arrangement prior to sentencing or a final court decision. The frequency of contact with the probation officer and conditions will depend mainly on the nature of the crime involved. Informal probation, involves the offender being put on probation but with minimal supervision and contact with the officer and is usually administered to o9ffenders of petty crimes. Supervised probation, on the other hand is the type whereby the court subjects the offender to conditions that he/she should abide by. These may include regular check-ins with the probation officer and fulfilling other conditions such as abiding by the laws, reimbursement for ones results of misdeeds and submission to arbitrary drug tests. Frequency of contact with the officer may range from weekly visits to monthly phone calls and failure to abide by any of the conditions lead to an inevitable jail term. Community control and residential probation are related in that, the offender is monitored and supervised wherever they are by either use of ankle tags or through confinement in a residential area. Shock probation and split sentence both involve the partial probation time and partial jail/prison time. However they differ in that, in shock probation, the offender is given the highest sentence available under the law but after a short period of time in prison, they are subjected to supervised probation in a bid to make them abide by the terms and conditions of the probation. The split sentence probation on the other hand, subjects the offender to partially serving their sentence in jail and under probation depending on the type of crime and the sentenced time. Probation officers Probation officers are the individuals tasked with the role of administering the terms and conditions of the probations as specified by the court and the guideline that of the specific type of probation. They are directly involved from the initial stages of the trial to determine the individual problems, challenges and threats that the offender may have or may impose on the people around him/her. They also play the role of monitoring the offender during the probation period and the record and report the analysis of progress in terms of rehabilitation. The job of a probation officer has several merits and demerits. First they play a big role in helping these offenders to rehabilitate and reform hence play a major role in creating a positive impact on peoples lives and safeguarding the community from crimes and felonies. Additionally, they have a satisfying job security and the pay and benefits are also good. However, the job of a probation officer is not without challenges. For instance, the officers life or safety may be at risk depending on the kind of offenses they are dealing with, they also are at risk of undergoing psychological disturbances if not subjected to regular counseling. This again, depends on the case that they deal with on a day to day basis. Sometimes, the officer may be exposed to dilemmas based on the decision to make concerning the person under probation. This is because the person may have greater potential to reform and improve in character but due to some reason, they have broken the rules of probation. Who qualifies for probation The factor that leads to the determination of who is qualified for probation or not depends on a variety of factors. These include the kind of offense. The crime or offense committed by the offender is a vital factor to be considered. The crime must be generally non-violent in nature and not very serious. For example misdemeanor of low level felony. The criminal history of the offender is also considered in the determination; probation is deemed fit for a person without a criminal history hence a first time offender. The time frame of the sentence and the corporation by the offender is also considered. If he/ she has been sentenced to a relatively time then they are likely to qualify for probation. Corporation by the offender during investigations, court proceedings and prosecution of the case plays a major role in the decision-making as to whether they should be on probation or not. Corporation and showing remorse through the process are good indicators of the persons potential to change and reform. In the case of a first time minor offender, community ties also matters in the determination. An employed family person with a role to play within the family and community may be considered as a qualified offender for probation. Objectives of probation The main objective of probation is to create a safe community devoid of crimes by providing a criterion of rehabilitating offenders of minor offenses. This is ensured by keeping known offenders under check and supervision to prevent further indulgence in the offenses. It also seeks to hold the offender accountable for their misdeeds by performing the stated tasks and duties. For example young/ juvenile offenders have to undergo probation to make them understand the implications of the offenses and give them a chance to realize it and reform. In addition to this, it seeks to assist juvenile and other offenders to develop competencies and engage in productive practices rather than commit crimes. It strives to provide the offender with opportunities that will impact them positively and through these experiences the offender is provided with an opportunity to change in behavior. The best way to evaluate the success of probation is by seeing the behavioral change and rehabilitation of the offender. The ways of measuring these progresses vary from one probationer to another depending on the offense and its nature. It also depends on the specifications given by the court at the time of the sentence. Basically, it is important to analyze the success of the objectives by use of is by use of both quantitative and qualitative analyses of the various aspects of behavior and characteristics of the offender. Conclusion Probation and parole are effective in the protection of the community and people from existing and potential offenders. It also plays a major role in the De-congesting and reducing the populations within the prisons and jails that exist in the country. People with great importance in their community but find themselves on the wrong side of the law, people under the age of threshold age for adulthood, also referred to as juveniles who commit offenses and are not by law, able to be put in jail with the adult criminals, first time offenders and people who obviously show the ability to reform by having remorse and regret for the offenses they committed are just a few among those who are considered for probation and parole. Probation provides an alternative to jail sentencing and an opportunity for the offender to engage implementing the duties of the probation an addition to being useful to the family and society. The ratings success of the rehabilitation and probation activities and supervision are observed among the people who have undergone probation. Records from the court and probationers also indicate success in the change of behavior and minimum rates of second time offenses by this individual. The evaluation is done by the probation officer who analyzes the progress of the offender and the efficiency and corporation in performing the provided tasks and duties. However, despite these successes, the efficiency of the probation system can be improved and the outcomes are much better. The changes that need to put in place and improvements in the probation departments include; better funding to enhance further facilitations of the departments, further training on efficiency among the probation officers to enable the administer and supervise efficiency, creating a reasonable and effective oversight and provide incentives for best practices Thus, if implemented, will create positive developments such as enabling implementation of best practices by experts, thus reducing recidivism rates, reduce revocations to prisons, alleviate the significant overcrowding in prisons and overall, further improve public safety outcomes for local communities. Read More