NCJ Number
104966
Journal
Judges' Journal Volume: 25 Issue: 4 Dated: (Fall 1986) Pages: 10-13,40-41
Date Published
1986
Length
6 pages
Annotation
Emerging case law suggests that probation officers and judges need not be reluctant to revoke probation in cases where offenders fail to comply with prescribed alcohol or drug abuse treatment.
Abstract
In three decisions, the U.S. Supreme Court permitted the revocation of probation for nonwillful violations only in cases where alternatives are inadequate to meet the State's interest in punishment and deterrence. In addition, a number of State appellate laws have specifically upheld the principles that revocations are valid even in the absence of the defendant's willful failure to abide by the probationary terms. In these decisions, the courts emphasized both the rehabilitation and public protection goals of probationary terms, including mandatory treatment of drug and alcohol abuse. Increased use of probation as an alternative to incarceration for serious offenders should increase the number of appellate cases in this area. With the pressure to expand intensive forms of supervision, there will be a corresponding pressure that supports the revocation of nonculpable probationers who prove unamenable to treatment, especially if they pose an increased threat to public safety. 11 references.