EXPOSING THE QUASI-JUDICIAL ROLE OF THE PROBATION OFFICER

• NCJ Number: 12602
• Journal: Federal Probation Volume: 37 Issue: 3 Dated: (SEPTEMBER 1973) Pages: 9-13
• Author(s): E H CZAJKOSKI
• Date Published: 1973
• Length: 5 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PROBATION OFFICER HAS LOST INFLUENCE IN THE SENTENCING PROCESS, BUT HE IS LARGELY RESPONSIBLE FOR SETTING CONDITIONS OF PROBATION AND EXECUTING PUNISHMENT.

Abstract

THE USE OF PLEA BARGAINING HAS REDUCED THE SENTENCING ROLE OF THE JUDGE TO THAT OF MERE ANNOUNCER OF THE SENTENCE DETERMINED BY THE PROSECUTOR. THIS CHANGE HAS, IN TURN, UNDERMINED THE ROLE OF THE PROBATION OFFICER WHO FORMERLY RECOMMENDED SENTENCES TO THE JUDGE. THE PROBATION OFFICER PLAYS A QUASI-JUDICIAL ROLE IN THAT HE CAN SET THE CONDITIONS OF PROBATION WHICH OFTEN ARE VAGUE AND INVOLVE THE FULFILLMENT OF MONETARY OBLIGATIONS OR THE CONTROL OF MORALLY UNDESIRABLE BEHAVIOR. THE QUASI-JUDICIAL ROLE OF THE PROBATION OFFICER IS ALSO DISPLAYED IN THE INITIATION OF PROBATION VIOLATION PROCEDURES AND RESTRICTION OF CERTAIN LIBERTIES, SUCH AS INTERACTION WITH PARTICULAR INDIVIDUALS OR FREQUENTING CERTAIN AREAS.