LEGAL RESPONSIBILITY OF PROBATION OFFICERS IN SUPERVISION

• NCJ Number: 41672
• Journal: Federal Probation Volume: 41 Issue: 1 Dated: (MARCH 1977) Pages: 35-38
• Author(s): J D KUTCHER
• Date Published: 1977
• Length: 4 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DISCUSSES THE DUTY OF A PROBATION OFFICER TO HIS CLIENT IN RELATION TO HIS LEGAL RESPONSIBILITY TO THE PUBLIC.

Abstract

THE PROBATION OFFICER'S DUTIES NECESSITATE PROTECTING THE PUBLIC FROM CRIMINAL OR ANTISOCIAL BEHAVIOR OF HIS CLIENTS, AS WELL AS PROMOTING REHABILITATION OF THE CLIENT. PROBATION OFFICERS SHOULD DETERMINE THOSE ACTS THAT ARE NECESSARY TO MEET THE DUTY OF CARE TO THE PUBLIC. WITHIN THIS DISCUSSION FALLS THE SUBJECT OF QUASI-JUDICIAL IMMUNITY. AS TO THE ELEMENT OF DISCRETIONARY DUTIES, AS OPPOSED TO MINISTERIAL, A PROBATION OFFICER'S ACT WILL BE DEEMED DISCRETIONARY WHERE A COURT OR A SUPERVISOR HAS MADE A DIRECTIVE THAT IT BE SO, OR WHERE THE DECISIONMAKING AREA IS LEFT OPEN WITH NO SPECIFIC GUIDELINES MADE APPLICABLE TO THE SITUATION.(AUTHOR ABSTRACT MODIFIED)....BDS