NCJ Number
50820
Journal
CRIMINAL LAW QUARTERLY Volume: 20 Issue: 3 Dated: (JUNE 1978) Pages: 355-382
Date Published
1978
Length
28 pages
Annotation
THE EVOLUTION OF PROBATION IN CANADA IS TRACED, AND JUSTIFICATIONS FOR PROBATION ARE EXAMINED WITH REGARD TO THE AVOIDANCE OF INCARCERATION, OFFENDER REHABILITATION, DETERRENCE, AND ECONOMICS.
Abstract
THE LAW REFORM COMMISSION OF CANADA, HAVING TURNED ITS ATTENTION TO ENLARGING THE SCOPE OF COMMUNITY-BASED SENTENCING, NOTES THE ADVANTAGES TO BE GAINED FROM THE IMPLEMENTATION OF A SYSTEM OF FINES GEARED TO INCOME AND THE NEED FOR EXPANDING THE ROLE OF RESTITUTION IN THE SENTENCING PROCESS. ALTHOUGH THE USE OF PROBATION AS A SENTENCING MEASURE HAS BEEN EXAMINED BY THE COMMISSION, ITS INSTITUTION IS NOT SUBJECT TO ANY CRITICAL SCRUTINY. PROBATION FOR JUVENILE OFFENDERS WAS INITIATED BY LEGISLATION IN 1857. IN THE 1970'S, THE SUSPENDED SENTENCE MOST OFTEN MADE PART OF THE PROBATION DISPOSITION FOR BOTH JUVENILES AND ADULTS, IS DERIVED FROM THE COMMON LAW POWER TO BIND OVER. IN FISCAL YEAR 1974-1975, A TOTAL OF 17,386 ADULTS WERE PLACED UNDER PROBATION SUPERVISION IN ONTARIO; THE NUMBER WAS 14,865 ADULTS IN THE 1972 CALENDAR YEAR. THE ARGUMENT MOST OFTEN ADVANCED AS JUSTIFICATION FOR PROBATION IS THE AVOIDANCE OF INCARCERATION. MOST COMPARISONS OF PROBATIONERS WITH INMATES OF PENAL INSTITUTIONS SHOW LESS RECIDIVISM AMONG PROBATIONERS. A SUBSTANTIAL AMOUNT OF PROBATION OFFICER TIME IS SPENT IN WRITING PRESENTENCE REPORTS. THESE REPORTS FUNCTION AS A DIAGNOSTIC AID TO THE SENTENCING PROCESS, ALTHOUGH THE DISCRETION EMBODIED IN THEM IS OF QUESTIONABLE VALUE. PROBATION IS OF LITTLE UTILITY AS A DETERRENT TO CRIMINAL ACTIVITY. COSTS OF PROBATION ARE MINIMAL AS COMPARED WITH IMPRISONMENT. VARIOUS FORM OF COMMUNITY-BASED SANCTIONS ARE UNDER CONSIDERATION BY THE LAW REFORM COMMISSION OF CANADA. PROBATION STATISTICS FROM 1886 TO 1971 ARE TABULATED IN AN APPENDIX. (DEP)