Criminal Justice Essay

Submitted By matthewmusquiez
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Writing Assignment #2
M. M.
Kaplan College

Introduction to Corrections – CJ102
Mr. T
May 28, 2013

The beginning of probation started over 150 years ago. John Augustus posted bond for a man charged with public intoxication. Augustus was a shoemaker who was concerned with the poor conditions in jail of those charged with crime, and became the nation’s first probation officer. The word probation derived from the Latin term probatio meaning “a period of proving oneself”. During his lifetime, Augustus had bailed out more than 1,800 offenders, though he didn’t receive much recognition of his work. The idea of investigating offenders’ situations before sentencing resulted in PSI, or presentence investigation.
It wasn’t until 1901 New York passes the first statute allowing the use of probation for adult felons and by 1907; the United States listed 795 juvenile and adult probation officers. Since 1975, the number of offenders on probation has increased over five times to nearly 5.1 million. Several probation programs have been implemented since 1976 due to “lack of adequate resources and a recommendation of reevaluation of its operations and practices” such as house arrest, intensive supervision, boot camps, and shock probation. Today, we have over 2,000 separate agencies administered federally, by state, and locally. Jurisdictions have standard conditions of probation that must be followed by the offender on probation. They are specified to meet the program needs of the offender. Standard conditions of probation usually include: 1. The probationer shall not leave the judicial district without permission of the probation officer or the court. 2. The probationer shall report to the probation officer as directed and shall submit truthful and complete reports. 3. The probationer shall answer truthfully all inquiries by the probation officer and follows his or her instructions. 4. The probationer shall maintain employment. 5. The probationer shall notify the probation officer of all changes of address within seventy-two hours. 6. The probationer shall refrain from the excessive use of alcohol and is prohibited from the use of controlled substances. 7. The probationer shall not associate with criminals. 8. The probationer shall not commit any crimes.

Probation today was designed around decisions made by the U. S. Supreme Court. In the 1970 case of U.S. v. Birnbaum, the U.S. Supreme Court determined probation as a privilege rather than a right. In Mempha v. Rhay (1967), offenders on probation were granted the right to legal counsel. In 1972, the U.S. Supreme court decided Morrissey v. Brewer, which made clear the due process rights for parole violations hearings. In 1973, the Court decided Gagnon v. Scarpelli which created the due process requirements for revoking probation, including the rights: 1. To be informed in writing of the alleged violations. 2. To have written notice in advance of the revocation process. 3. To have a preliminary
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