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Probation has a long history in the United States of America since its origins are
traced to 1841, with John Augustus, a wealthy shoemaker from Boston, credited as a key
figure in its development. According to Schmalleger and Smykla (2021), Augustus
pioneered probation due to his support for this field. Intrigued by courtroom procedures,
Augustus observed individuals facing charges for violations of temperance or vice laws
in Boston. Over time, he established probation conditions that aid offenders in securing
employment, housing, and education. Although time has passed since the origin of
probation, new regulations to perfect this method have been added. However, the base
foundation remains relevant today.
Despite Augustus's efforts, probation as a penalty sentencing did not occur so
quickly since opinions regarding this punitive method were extremely divided. For
instance, some federal judges were for probation, seeing it as an alternative to the
sometimes harsh penalties they were compelled to impose. Other federal judges were
against probation, finding it too lenient, which made it challenging to create the means to
reach an appropriate agreement in Congress on a national plan. The first federal probation
law bills were introduced in Congress in 1909. But it was not until 1925--and after more
than 30 bills had been introduced--that one such bill became law (United States Court,
n.d).
However, the overdraft concerning probation was significant after the Act passed
in 1925, influencing courts at the federal level to the point of giving them the power to
suspend the imposition or execution of sentence and place defendants on probation for a
determined period and on such terms and conditions as they deemed best. Furthermore,
the Act authorized courts to appoint one or more persons to serve as probation officers
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without compensation and one salaried probation officer (United States Court, n.d). It is
essential to highlight that the purpose of probation is to keep the offender in the
community without losing the privilege of remaining at home with their family while
complying with the imposed sentence by a court or probation agency. We must bear in
mind that because probation is a conditional release if the offender disobeys, the "judge
may either set more restrictive condition of probation or revoke probation and send the
defendant to prison" (Schmalleger and Smykla 2021. P. 72). On the other hand, there are
four reasons of the use of probation one of them is reintegration purpose since the goal is
to allow the offender to gain more responsibility of his demeanors and have more
character and self-control especially after committing of wrongdoing without taking away
their rights as citizens.
It is worth mentioning that Romans 13:1-2 supports the idea of probation and the
consequences if an offender violates the law. "Let everyone be subject to the governing
authorities,?for there is no authority except that which God has established.?The
authorities that exist have been established by God.?2Consequently, whoever rebels
against the authority is rebelling against what God has instituted,?and those who do so
will bring judgment on themselves" (New International Version, 1973/2011). Expanding
on the rationale behind the utilization of probation, it helps individuals escape the stigma
of institutionalization in prison, sparing them from adhering to the norms and values
prevalent in that setting. Additionally, probation is a cost-effective and humane
alternative to incarceration, yet it proves equally effective in dissuading offenders from
engaging in future criminal behavior. Moreover, it is viewed as a just sentencing
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approach for individuals who do not warrant imprisonment, according to recent research
(2021).
Now, let’s talk about Parole. Parole is a process that allows eligible prisoners to be
released from custody before completing their entire sentence. It is a form of conditional
release with specific requirements and supervision. The purpose of parole is to reintegrate
offenders into society while ensuring public safety. When a prisoner is granted parole,
they are released from prison and placed under the supervision of a parole officer. This
officer is responsible for monitoring the parolee's compliance with the conditions of their
release. These conditions may include regular check-ins, participation in rehabilitative
programs, maintaining employment, and avoiding contact with certain individuals or
locations—Schmalleger and Smykla state two stages of release on parole: mandatory or
discretionary.
Discretionary release exists when a parole board has the authority to conditionally
release prisoners based on a statutory or administrative determination of eligibility.
Mandatory release is early release after a specific period as specified by law. In those
states that permit discretionary release, state laws give correctional officials the authority
to change, within certain limits, the length of a sentence. Correctional officials may also
change the conditions under which convicted offenders are supervised; for example, they
may release offenders from prison to supervision in the community or to an outside
facility. The American Probation and Parole Association (APPA), the nation's largest
association of probation and parole professionals, supports discretionary parole (2021, p.
212).
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After explaining parole and its role within the criminal justice system, let's now
identify its origins. The concept of parole originated from a penal practice in 18th-century
England known as indentured servitude. Under this practice, judges would transfer
physically fit convicted felons to independent contractors who would transport them to
the American colonies. The contractors would then sell their services to the highest
bidder for the duration of their sentences. This system had similarities to modern-day
parole, as the indentured servants had to meet specific conditions in order to maintain
their supervised "freedom." However, this practice was discontinued during the American
Revolutionary War in 1775, as English offenders were joining colonial forces against
England. (Schmalleger and Smykla 2021. P. 216). Lastly, let’s highlight the kind of
collaboration and accountability that is needed to ensure the proper execution of these
correctional methods (e.g., probation officers and parole officers). Effective
implementation of correctional methods like probation and parole hinges on robust
collaboration and accountability among various stakeholders, necessitating close
coordination between probation and parole officers, law enforcement, social service
providers, treatment professionals, and other important figures in the criminal justice
system.
Additionally, clear communication, information sharing, compliance with rules
and protocols, ongoing training and supervision, and a commitment to safeguarding the
rights and welfare of individuals under supervision are critical elements for the successful
execution of these corrective approaches. Of course, there will be exceptions by those
who, despite efforts by agents and advocates of the law, decided to remain in the darkness
since everyone is responsible for their wrongdoing. Even so, it is of vital importance that
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officers of correctional departments do not give up on encouraging those negligent
offenders that things can change for good, including minimum sentences and the
opportunity to apply for probation or parole. People deserve a second opportunity if they
prove a genuine change and God approves it. Hebrews 4:16 supports that statement when
it says: “Let us then approach God’s throne of grace with confidence, so that we may
receive mercy and find grace to help us in our time of need (New International Version,
1973/2011).
References
New International Version (2011). Bible Gateway (Original work published 1973).
https://www.biblegateway.com/passage/?search=Hebrews%204%3A16
New International Version (2011). Bible Gateway (Original work published 1973).
https://www.biblegateway.com/passage/?search=Romans%2013%3A1-2
Schmalleger & Smykla: Correction in the 21st Century ( 9th ed. pp. 72-216). McGraw-Hill
Custom, 2024.
United States Court (n.d.). The History of Probation.
https://www.smcgov.org/probation/history-probation
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