NCJ Number
123537
Journal
Judges' Journal Volume: 29 Issue: 1 Dated: (Winter 1990) Pages: 13-17,47-48
Date Published
1990
Length
7 pages
Annotation
The use of probation as a sentencing technique and as an alternative to incarceration is discussed.
Abstract
Offenders placed on probation outnumber those incarcerated by 3 to 1. Probation has conditions that are either required or suggested by statute or are imposed at the judges' discretion. The criteria for effective probation conditions are examined, such as they must be reasonably related to the crime, must be attainable, must not be overbroad, must be consistent with public policy, and must not usurp legislative roles. Judges are urged to set conditions that are consistent with the goals of sentencing, for example, restitution, rehabilitation, deterrence, and punishment. Examples of conditions set in specific cases are provided to illustrate appropriate and inappropriate responses given the ultimate goal of the sentence. Judicial and statutory limits on the scope of probation conditions are also discussed. Judges are encouraged to devote more energy in assessing the particular needs of defendants in order to impose appropriate probation conditions. 51 footnotes.