Probation, in the criminal justice context, is the period which a convicted person (probationer) is subjected to supervision, critical examination and intense evaluation. A judicial court is the only institution with the authority to order probation on a convict. Probation is ordered in lieu of incarceration. However, it does not mean that the convicted person is set free. An order of probation has conditions often imposed by a statute. It is given for rehabilitative purposes. However, the trial judge has the discretion to impose more conditions on a probation sentencing to meet the interests of the public and the offender. The conditions imposed depend on the acts committed by the offender. For example, if the offender assaulted another person, one condition could require him/her to stay some distance away from the victim. The general conditions for most probation sentences include: reporting to a probation officer regularly and avoiding alcohol or drug abuse. Probation is reserved for persons serving short terms in prison.
Delinquents, dependent and neglected children in the United States were treated similarly to criminal offenders, in the beginning of the 19th century. As time went by, public opinion shifted and demanded the recognition of childhood as a distinct phase. Arguments put across suggested that the minds of delinquents were developmentally different compared to adult offenders. Juveniles were more responsive to rehabilitation than adults. This called for a special treatment for the minors. It prompted the establishment of the first juvenile court in 1899. The special individual treatment to minors was based on parens patriae philosophy. The state was to take a parental role and ensure the best interests of the child. Juveniles needed to be distanced from the largely adversarial criminal justice system. The objectives of juvenile courts were to get minors from adult institutions to the juvenile ones and to focus more on correctional treatment than punishment. Juvenile courts enable confidentiality of the offenders. Almost all states in the US had established juvenile court systems by 1925, which had jurisdiction over all offenders under the age of 18.
Although their aim is to reform the offenders, juvenile probation differs with adult probation on some key aspects. One of them is the legal age requirement. As the names suggest, juvenile probation is only applicable to persons who have not attained the legal age, while adult probation applies to persons whose age is above the set legal age. When a minor is arrested after committing an offence, a petition is filed with the juvenile court. This is different with the adult system where a complaint is filed with the court. After the petition is filed with a juvenile court, the probation officer may decide that it is best to put the minor in custody pending further proceedings in the case. The reasons requiring a minor’s detention include: the minor has escaped from the juvenile court’s commitment; the minor has violated a court order; or it is a matter requiring urgency arising from the immediate need to protect a person or property. Therefore, probation officer arranges for a detention hearing with the juvenile court.
The objective of a detention hearing is to determine whether the minor should be detained as the juvenile court proceedings continue. During this hearing, the minor’s parents or guardians are expected to be present. Their absence may delay the process. The court often needs information from them about the minor; the information could be about the minor’s behavior at home, school and in the community. The parents or guardians can hire a private attorney to represent their child. If they cannot afford one, a juvenile defense attorney is appointed for the minor. The purpose of a defense attorney in a detention hearing is arguing for the release of the minor from custody or for the child to remain at home if he/she is not in custody. The court ultimately wishes to know whether the parent or guardian can effectively supervise the minor in case he/she is let free. When the court decides to detain the minor, it can recommend him/her to a juvenile hall or at home. However, the court has to consider several factors to determine whether to detain a child in the juvenile hall or not. The defense attorney should argue that the minor is not a threat and, therefore, not deserving of detention. Where the minor is detained at home, certain restrictions are imposed on his/her freedom. Sometimes a court may order the installation of an electronic surveillance program to monitor the minor’s movements.
Once a minor is placed under detention, he/she cannot apply for bail. However, in case the court decides that the minor should be put in detention, the defense has the discretion to demand a second detention hearing. A second detention hearing is also referred to as the Dennis H. hearings. A defense lawyer can request for a second hearing especially where the court’s decision is based on questionable evidence. For example, the judge may have relied on a police report to decide for detention of the minor without the police officer testifying. In this case, the defense lawyer will cross-examine the police officer in the second detention hearing. There is no bail-hearing for juveniles. An application for bail is only available for adult offenders. Therefore, it is important for the minor’s legal representation to make a persuasive case to prevent detention in the juvenile hall. Once the judge reads out the charges alleged in the petition, a minor cannot plead guilty or not guilty like an adult. He/she can admit the allegation, deny the allegation, not contest the allegation or deny the allegation citing insanity. The law does not allow juveniles to be subjected to jury trials. The judge hears arguments from both parties, paying attention to laws of evidence and constitutional rights. The processes involved are similar to those conducted during adult trials. The standard of proof is beyond reasonable doubt. However, the conviction of a juvenile is referred to as a ‘true finding’. The conviction of an adult offender is called a guilty verdict.
When the court commits a minor to probation, the judge imposes conditions which the minor must adhere. Violation of one or a set of conditions entitles the probation officer with the right to seek a petition to bring the minor back to court. The court will, subsequently, impose greater punishment. This process is similar to an order of probation regarding an adult. Where an adult violates an order of probation, the court may impose further stringent conditions or restore the jail term previously foregone. However, the jail term should not go beyond the maximum period previously intended.
A disposition hearing is conducted in the juvenile system to decide what consequences to follow after the court comes to a true finding. A disposition hearing is the equivalent of a sentence hearing in the adult system. To determine the right sentence for a minor, a variety of factors need to be considered. The most important factors are the age of the juvenile, the circumstances surrounding the commission of the offense and its gravity, and whether the minor has previous delinquent history. A probation officer is under a legal obligation to critically examine the minor’s case. He/she should talk to the parents or care-takers of the minor. He/she should investigate the minor’s delinquent history, investigate his/her gang involvement, and investigate his gang involvement as well as his behavior in school including school grades. After collecting this information, the probation officer drafts a full report with recommendations to the judge on what orders best suit the offence committed. The Court gives its verdict with the aim of rehabilitating the minor and protecting the community. It may order the minor to live at home or to be placed in custody away from home. When he/she is ordered to stay at home, counseling services should be provided. Probation may come with other punishments depending on the offense committed. The court may order community service work, as well as loss of privileges that the minor previously enjoyed. During home detention, an ankle bracelet is attached to the minor to restrict his/her movement. This electronic gadget is also attached to an adult probationer. It ensures compliance with the imposed conditions of the court where the court seeks to restrict the probationer’s movement. If the probationer fails to comply with this restriction, the ankle bracelet alerts the probation officer.
A minor’s probation takes a lesser period than that of an adult. However, it can be lengthened if the minor does not fulfill the imposed conditions. A similar process is followed in the adult system. Where the defendant pleads guilty or no contest or the court finds him/her guilty, the judge may require the probation department to furnish the court with a report of a thorough investigation. The probation officer will embark on a similar journey to that in a juvenile adjudication system. The probation officer will interview the defendant and critically review his/her criminal history and personal background information. If the order of restitution is involved, the probation officer will interview the victims and ultimately submit his/her report with recommendations to the judge. The probation officer is authorized to monitor and ensure compliance with conditions imposed by the judge. Failure to adhere to probation conditions may invite incarceration or fines.
In most cases, juveniles who commit offenses are more deserving of rehabilitative efforts other than punitive efforts. To promote this purpose, the minor does not need to be tried publicly. Publicity of a juvenile hearing may not help to achieve the desired goal of correcting a juvenile’s behavior. Therefore, juvenile court proceedings preserve the confidentiality of a minor. A court will only admit persons with direct and legitimate interest in the particular case. This is not the case with the adult system. Confidentiality in adult court proceedings can only be guaranteed under specific conditions. An example is during sexual abuse cases where the victim needs confidentiality.
Juvenile and adult probation are relatively similar. Most of the processes followed, as described above, in giving an order of probation are similar in both instances. However, there arise subtle differences that stem from the differences between juvenile and adult offenders. Juvenile probation officers often tend to develop relationships with the probationers at a personal level. In adult probation, this move is not encouraged. Juvenile probation officers seek to establish personal bonds with their clients. They are more involved in the probationers’ lives than adult probation officers. They accompany juvenile probationers to social events and engage them in recreation. By doing so, they seek to earn the trust of the minor. They develop personal relationships designed to establish long-lasting behavioral change. These officers try to reintegrate juvenile probationers into the society by allowing their free interactions with other children. The notion of rehabilitation and reintegration receives more emphasis in juvenile probation than in adult probation.
Studies have shown that juvenile probation programs are more successful than adult probation programs. This is because a child’s delinquency is discovered before attaining the age of maturity and dealt with accordingly. Before the youngster reaches the age of 18, his/her behavior is corrected. For most juvenile delinquents, inadequate basic social skills and poor performance in schools are the major reasons behind their behavior. Probation programs that involve the exposure of delinquents to diverse social skills should, therefore, be recommended. Juvenile probation officers should consult regularly with school teachers and parents to determine the root causes of their problems. The reasons behind an offence committed by an adult offender are fundamentally different from those of a juvenile offender. Rehabilitating him/her requires more efforts than reforming a minor.
References
Clear, T. R., Cole, G. F., & Reisig, M. D. (2012). American Corrections (446-450 ed.).
Cole, G. F., & Smith, C. E. (2007). Criminal Justice In America.
Hourigan, N. (2012). Juvenile Justice, Crime and Early Intervention:. Irish Probation Journal , 64-73.
Mole, D., & White, D. (2007). Historical Perspective and Current Trends. In D. Mole, & D. White, Transfer and Waiver in the Juvenile Justice System (pp. 1-4). The Child Welfare League of America.
