NCJ Number
57310
Journal
Justice of the Peace Volume: 140 Issue: 11 Dated: (MARCH 13, 1976) Pages: 137-140
Date Published
1976
Length
4 pages
Annotation
THE ROLE AND POSTURE OF PROBATION OFFICERS AND MAGISTRATES IN RELATIONSHIP TO ONE ANOTHER IN GREAT BRITAIN ARE DISCUSSED, WITH PARTICULAR REFERENCE TO THE SENTENCING PROCESS.
Abstract
TYPICALLY THE PROBATION OFFICER IS VIEWED BY THE MAGISTRACY AS YOUNG, IDEOLOGICAL, RADICAL, AN ADVOCATE OF LENIENT TREATMENT FOR OFFENDERS, AND ANTAGONISTIC TOWARD COURTS AND MAGISTRATES. HOWEVER, THE MAGISTRACY IS VIEWED BY THE PROBATION SERVICE AS AUTHORITARIAN, PUNITIVE, AND TRADITIONAL. FRICTION BETWEEN THE MAGISTRACY AND THE PROBATION SERVICE MAY NOT AND SHOULD NOT BE ELIMINATED, BUT RADICALLY UNCOOPERATIVE ATTITUDES BY ONE OR BOTH OF THE PARTIES CAN ONLY CRIPPLE THE CRIMINAL JUSTICE SYSTEM. EACH PARTY SHOULD APPRECIATE THE VALUE OF DIFFERING PERSPECTIVES IN ARRIVING AT A MORE BALANCED AND WORKABLE APPROACH FOR DEALING WITH OFFENDERS. PROBATION OFFICERS AND THE MAGISTRACY COULD HAVE MORE CONSTRUCTIVE COMMUNICATION IN PREPARATION AND USE OF THE PRESENTENCE SOCIAL INQUIRY REPORT (SIR). THE INADEQUACY OF THE SIR'S PREPARED BY PROBATION OFFICERS HAS BEEN CHARGED IN A RECENT STUDY. THE STUDY ALLEGES THAT THE PREPARATION OF SIR'S BY PROBATION OFFICERS HAS BEEN TOO SELECTIVE, IDIOSYNCRATIC, TOO NARROW, AND EXCESSIVELY SUBJECTIVE. A MORE THOROUGH, OBJECTIVE APPROACH TO THE ACCUMULATION OF DATA AND THE PRESENTATION OF ANALYSES IS RECOMMENDED. THE DEVELOPMENT OF STANDARDS FOR SIR'S THAT WOULD INCREASE THEIR USEFULNESS FOR MAGISTRATES IN SENTENCING WOULD BE AN APPROPRIATE TOPIC FOR DISCUSSION BETWEEN MAGISTRATES AND PROBATION OFFICERS. THE PROBATION OFFICER SHOULD TAKE A STRONGER ROLE IN SENTENCE RECOMMENDATIONS BY APPEARING IN COURT TO INTERPRET THE SIR AND PROVIDE SUPPORTIVE ARGUMENTS FOR ANY SENTENCE RECOMMENDATION. IN ORDER TO INCREASE COMMUNICATION BETWEEN MAGISTRACY AND PROBATION OFFICERS, IT IS SUGGESTED THAT CASE COMMITTEES, BODIES IN EACH DIVISION COMPOSED OF MAGISTRATES WHO ARE TO SUPERVISE THE WORK OF PROBATION OFFICERS, PROVIDE THE CONTEXT FOR CONSTRUCTIVE DIALOGUE. FURTHER, THE PROBATION SERVICE SHOULD TAKE A STRONGER HAND IN DEVELOPING THE DIRECTION IT IS TO HAVE IN THE CRIMINAL JUSTICE SYSTEM, WHICH WOULD HAVE IMPLICATIONS FOR TRAINING AND ADMISSION TO THE PROFESSION. (RCB)