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Probation and Alternative Sentencing (From Alternative Sentencing, Intermediate Sanctions and Probation, P 67-98, 1997, by Andrew R. Klein - See NCJ-176057)

NCJ Number
A Klein
Date Published
32 pages
Probation is discussed with respect to what it entails, how it operates, and the standard and special conditions of a probationary sentence, with emphasis on issues and case law common to probation operations across the United States.
Probation is the original alternative sentence and dates from the country's early history. Over the last several decades, the various sentencing commissions have all endorsed the use of probationary sentences, focusing on their use as an alternative to jail. Probation conditions can make probation a significant sanction that serves a variety of correctional goals. The jurisdictions law or the court establish the conditions, which are usually imposed at the time of sentencing and may be changed during the probationary period. Discretionary conditions must be reasonably related to the crime, must be doable, must not overly restrict constitutional rights, must be consistent with public policy, and must not usurp the legislative role. Some States and the Federal system limit the length of probationary sentences by court rule or statute; others provide no limits. Chapter reference notes