NCJ Number
35418
Date Published
1976
Length
16 pages
Annotation
THIS ARTICLE DISCUSSES UNDESIRABLE PROBATION CONDITIONS WHICH HAVE BEEN IMPOSED OR SUGGESTED, CONSIDERS THE APPLICATION OF LEGAL TESTS TO SOME OF THESE CONDITIONS, AND IDENTIFIES POSSIBLE BASES OF FUTURE ATTACK.
Abstract
CONSIDERED ARE CONDITIONS WHICH ARE UNCLEAR AND/OR VAGUE, VIOLATE THE PROBATIONER'S RIGHTS TO EXPRESSION, RAISE QUESTIONS OF VIOLATIONS OF THE FIFTH AMENDMENT GUARANTEE AGAINST SELF-INCRIMINATION, RESTRICT THE PROBATIONER'S RIGHT OF ASSOCIATION, AND INVOLVE CRUEL AND UNUSUAL PUNISHMENT. ALSO EXAMINED ARE CONDITIONS REQUIRING THAT THE PROBATIONER SUBMIT TO A SEARCH AND THOSE AFFECTING HIS RIGHT TO RELIGIOUS FREEDOM. PERTINENT JUDICIAL DECISIONS ARE CITED. REFERENCES ARE INCLUDED.