Introduction
Probation in law is a vital organ in treatment of many offenses minor and major. Whitehead and Statham (2006) defines punishment as a judgment not involving incarceration, which forces conditions and keep hold of authority in decreeing to vary the terms of a verdict or re-sentence the wrongdoer when he violates the set conditions.
Probation started in the middle ages in England and was visible in the criminal law of those days. Sentencing then was messy with violent punishments imposed on children and adults alike. Even the mildest of offences resulted with mutilation flogging and execution on a day-to-day basis. The violence in the probation led to today's modern probation. Keeping with this Whitehead and Statham (2006), notes that when Hill becomes a Birmingham Recorder. He made a decision drawn from earlier experiences on rehabilitating minor offenders and have police officers visiting them time to time. Today probation varies from place to place, an effort to change people back to an ideal lifestyle.
Presently probation has more than one function. The first function is protecting the community through repeat monitoring of the offender. The purpose of consistent monitoring is to ensure that the offender does abide by the conditions of his or her probation. The second purpose of probation is to help the offender to become a law-abiding citizen. Miller (2012), states that probation allows an offender time to see his or her mistakes and adjust his life towards a positive outcome. Adding to this Miller (2012), asserts that standard conditions imposed on all probationers makes it easier for law enforcement to monitor how well the offender adopts the expected changes.
A probation officer is a social worker working with an extensive category of offenders. A probation officer works with the families in courts, prisons, and communities. Criminal monetary penalties guide (2000), asserts that a probation officers role is to manage and assess risk. His role is to prepare PSRs (Pre- Sentence Report) on offenders appearing in front of youth crown courts and magistrate courts. The probation officer duty is to help the court in coming up with a suitable sentence. Considering the offender’s attitude the probation officer decides whether an offender should undergo punitive conditions, treatment conditions or simple standard conditions. A probation officer similarly creates goals for performance-based supervision and makes decisions where technical violation or recidivism occurs.
The sole purpose of probation is rehabilitation of the offender. Judges cannot just issue rehabilitation of de-void punitive measures; there needs a review to ensure that the punitive conditions remain subject of scrutiny. Unfortunately, Kasseris et al. (2006), states, there have been cases where the probations are only punitive in nature and do not rehabilitate. There is evidence that probation works despite the small effectiveness differences in strategies show little impact. Probation reduces the cost to the state and further proves the judiciary is poised to rehabilitation rather than just punishment.
Conclusion
Probation revolutionized criminal sentencing and led to the discovery of rehabilitation as an additional advantage to punitive measures. However, there is still need for more innovative methods to deduce recidivism.
References
Criminal monetary penalties a guide to the probation officer's role.. (2000). Washington, D.C.: Federal Corrections and Supervision Division, Administrative Office of the United States Courts.
Kessaris, A., McDougall, C., & Farrington, D. P. (2006). Reducing crime: the effectiveness of criminal justice intervention. Hoboken, NJ: Wiley.
MILLER, L. K. (2012). Criminal justice in action. s.l.: Broadman & holman publish.
Whitehead, P., & Statham, R. (2006). The history of probation: politics, power and cultural change 1876-2005. Crayford: Shaw.
