NCJ Number
50786
Journal
Howard Journal of Penology and Crime Prevention Volume: 17 Issue: 1 Dated: (1978) Pages: 7-22
Date Published
1978
Length
16 pages
Annotation
PROBATION IN THE CONTEXT OF THE PENAL SYSTEM AS A WHOLE AND THE PENAL SYSTEM IN THE CONTEXT OF SOCIETY ARE EXAMINED, EMPHASIZING THE EVOLUTION OF CORRECTIONS.
Abstract
PENAL SYSTEMS IN THE 19TH CENTURY RELIED PRIMARILY ON CAPITAL PUNISHMENT AND BANISHMENT. REFORMS REDUCED USE OF THE DEATH PENALTY BUT CONTINUED TO USE BANISHMENT; I.E., NO LONGER IN THE FORM OF TRANSPORTATION, BUT OF INCARCERATION. SUBSEQUENT DEVELOPMENT INVOLVED THE NEED TO MAKE INPRISONMENT HUMANE, THE INTRODUCTION OF PRISONER EDUCATION AND TRAINING, AND THE EVOLUTION OF COMMUNITY AND PROBATION SERVICES. THE TIME AT WHICH PROBATION AND AFTERCARE WERE INTRODUCED (WHEN THERE WAS A STRONG CASE FOR LIBERALIZING A REPRESSIVE PENAL SYSTEM), THE TENDENCY TO EMPHASIZE PROBATION RATHER THAN INCARCERATION FOR LESS SERIOUS CRIMES, AND THE FACT THAT PROBATION BEGAN AS A DERIVATIVE FROM THE MAINSTREAM OF THE PENAL SYSTEM ARE MAJOR FACTORS IN THE OPERATION OF PROBATION. WHETHER MEASURES IN EXISTENCE TO IMPROVE THE PENAL SYSTEM AND PROBATION HAVE THE VALIDITY THEY HAD WHEN FIRST INTRODUCED IS A CRITICAL ISSUE. THE GROWTH OF NEW MEASURES AND THE DISUSE OF OTHERS ARE BOTH PHENOMENA THAT OCCUR. THE ACCEPTABILITY OF THE CONCEPT OF TRAINING AND THE INDIVIDUALIZATION OF SENTENCES IS WANING. RETRIBUTION IS BECOMING PREVALENT AS THE JUSTIFICATION FOR PENAL MEASURES, ALTHOUGH THE MEANING OF THE CONCEPT IS RARELY MADE PRECISE. UNDER THE 1972 CRIMINAL JUSTICE ACT, THE SUSPENDED SENTENCE SUPERVISION ORDER HAS GROWN. COMMUNITY SERVICE HAS EMERGED TO ENCOMPASS SEPARATION AND MATURE RESPONSIBILITY. PROBATION HOSTELS PROVIDE FOR ACTIVE AND RESPONSIBLE PARTICIPATION BY OFFENDERS IN THE COMMUNITY. RATIONAL SYSTEMS PLANNING AND EVALUATION FOR CORRECTIONS IS URGED. THE FOLLOWING ASSUMPTIONS ARE MADE ABOUT THE FURTHER DEVELOPMENT OF THE PENAL SYSTEM: INDIVIDUALS WILL BE HELD ACCOUNTABLE FOR THEIR BEHAVIOR; COURTS WILL HAVE CERTAIN RIGHTS IN RELATION TO OFFENDERS AND CONVICTIONS; CHANGES IN THE PENAL SYSTEM WILL BE EVOLUTIONARY IN CHARACTER; CRIME WILL NEVER BE ELIMINATED; AND THE AIM OF THE PENAL SYSTEM WILL BE TO REDUCE REOFFENDING IN WAYS THAT ARE PURPOSEFULLY CONSTRUCTIVE. SUGGESTIONS FOR A CONTEMPORARY PENAL SYSTEM, OF WHICH PROBATION AND AFTERCARE ARE COMPONENTS, FOCUS ON SIMPLICITY, CLEAR PURPOSES, DECISIONMAKING, REVIEW AND CHANGE, DIVERSIFICATION, AND FUNCTIONING RELEVANT TO THE NONCUSTODIAL PART OF THE PENAL SYSTEM AND THE COURTS. REFERENCES ARE INCLUDED. (DEP)