CRJ WEEK 10 Probation

Topics: Criminal law, Crime, Prison Pages: 7 (1375 words) Published: March 14, 2015


Probation
Madina Hassan
Assignment: 3
Professor: Janice Bella
September 10, 2014

Probation and Punishment
Probation is a sanction that a court orders to allow an individual who commits a crime to stay in the community without serving his jail term. However, an individual is not totally free during probation as he remains under the supervision of a probation officer (Prince William County, 2014). There are restrictions that the probationer must observe, and it is the duty of the probation officer to supervise the probationer so that he adheres to the restrictions. There are intricacies of probation, and if the probationer violates the restrictions, the probation officer reports him to the court for the appropriate action. Some of the restrictions that the probationer observes include restriction from handling weapons, abusing drugs or alcohol, and reporting to the probation officer, among other rules. If the probationer fails to adhere to the restrictions, it is the duty of the probation officer to report to the judge. The judge punishes the probationer by putting sanctions such as a jail-term, community service, restitution, and fines on the probationer (Prince William County, 2014). The probationer should avoid violating the conditions of probation because it has its intricacies. Probationers should understand that the court has the powers to sanction them if they violate their probations. Matthew (2014) explains that the worst sanction that the court can put on the probationer is to revoke the probation. The judge can revoke the probation if an individual commits a new crime or fails to observe the other conditions of the probation grant (Matthew, 2014). When the judge revokes the probation, the criminal faces the charges. The court may find him guilty of the charges and sentence him to a jail-term. The probation department takes several steps to revoke the probation. First, the department determines that the probationer has violated his probation. Secondly, the probation department warns the probationer about the violation or it summons him for a court appearance. Thirdly, the prosecutorial agency initiates a formal hearing for the revocation of the probation. It is the duty of the defendant to rebuttal the allegations of the violation. The prosecutor’s role is to convince the judge that the defendant violated the probation. The judge decides the case and if he finds the defendant guilty, he punishes him accordingly. The judge can use a prison term, fines, and community service as ways of punishing the defendant for violating the probation (Criminal Lawyers, 2014). It is important for the probationer to follow the probation plan that the probation officer uses to supervise him. The plan sets the conditions that the probationer should follow during the probation duration, and it shows when the probation begins and ends. The plan also shows the time when the probationer should report to the probation officer or when he should appear before a scheduled court (Thomas, 2014). The probationer should follow the schedule for reporting to his probation officer at the right time and place. He should also attend all the court schedules as the plan directs him. The probation plan may also contain fines and restitutions that the court requires the probationer to pay during his probation. The probationer pays the fines to the victims of the crime that he committed. Failure to pay the fines and restitutions amounts to a violation of the probation (Thomas, 2014). The plan also restricts the probationer from visiting some people and places. The probationer should not move out of the state where the probation takes place. The plan also restricts the probationer from handling or possessing drugs and weapons, and committing other offenses (Thomas, 2014). The duty of the officer, according to Prince William County (2014), is to supervise the probationer and ensure he adheres to the probation plan. The...

References: Criminal Lawyers. (2014). “Criminal Law: Sentencing, Parole, and Probation,”
Criminallawyers.com. Retrieved on September 10, 2014 from http://criminal.lawyers.com/parole-probation/criminal-law-sentencing-parole-and-probation-faq.html
Matthew, R. (Los Angeles Criminal Defense Attorney). (2014). “Probation Violation,” Retrieved
On September 10, 2014 from http://www.bestlegaldefense.com/Criminal-Defense/Probation-Violation.aspx
Powell, A.C. (2012). “The Correctional Association of New York: Franklin Correctional
Facility.” Retrieved on September 10, 2014 from http://www.correctionalassociation.org/wp-content/uploads/2012/05/Franklin_6-08.pdf
Prince William County. (2014). “Criminal Justice Services: Probation.” Retrieved on September
10, 2014 from http://www.pwcgov.org/government/courts/cjs/Pages/What-is-Probation.aspx
Thomas, R. (2014). “Probation Violation.” Retrieved on September 10, 2014 from
http://criminal.findlaw.com/criminal-charges/probation-violation.html
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