NCJ Number
97158
Date Published
1984
Length
23 pages
Annotation
Should the justice model, also called the just deserts model, be applied to probation, three types of major changes could occur, but it is unlikely that probation will soon change to fit this model.
Abstract
The treatment and surveillance models for probation both involve several problems when viewed from the perspective of the justice model, and numerous proposals have been offered to deal with these problems. Better guiding principles are needed in developing sanctions consistent with a justice model. Fundamental principles in this model are the relating of sanctions to the severity of proven criminal behavior, the proportionality of sanctions to the offense, the similar treatment of similarly situated offenders, the use of explicit sanctions, the irrevocability of sanctions, a punitive element to sanctions, and a view of offenders as responsible actors capable of responsible choice. Probation would change considerably if these principles were used. It could be abolished, reconceptualized and reorganized with a new array of nonincarcerative sanctions, or disassociated from the sanctioning system and rededicated to providing help and assistance to offenders in the community. However, changes are unlikely to be as fundamental as these, although current trends away from an individual treatment model are likely to continue. Because some of the recent reformist thinking has produced negative impacts, the lack of immediate fundamental change in probation is reassuring. However, vigorous debate, more careful consideration of implications, and the advancement of other models are still needed. Seventeen references are listed.