Probation is part of community corrections involving the conditional release of a convicted offender into the community. A penalty imposed on convicted offenders permits them to stay in the community while being monitored by a probation officer rather than being sent to prison (Schmalleger & Smykla, 2021). The release is conditional because it is subject to revocation when not met. The United States justice system frequently uses probation as its sentencing plan (Schmalleger & Smykla, 2021). A probation officer oversees probation and parole and assists offenders with changes when they return to the community after imprisonment (Schmalleger & Smykla, 2021). Typically, probation is issued at the discretion of the judge hearing the case for nonviolent offenses.
Furthermore, probation is likely to be granted to first-time offenders. Although this allows the individual to return to the community, they do not have the same freedom as regular citizens. Instead, they are subject to several conditions that limit their behavior, and if they breach one of those conditions, the court has the authority to cancel or amend their probation. While the judge sets the terms, the terms are enforced by probation officers through random and planned check-ins with the person on probation. Despite resulting in community stigma, probation helps to rehabilitate offenders while protecting society from further criminal conduct by the defendant.
The primary goal of probation is to provide the offender with the opportunity to be rehabilitated without jail. It allows convicts to demonstrate that they are law-abiding community members and should not be imprisoned. The first goal of probation is to reduce the recidivism rate of ex-offenders (Schmalleger & Smykla, 2021). The probationer is considered to violate the set requirements that are not met and risks revoking their probation. Revocations frequently result in prison terms; however, some offenders get second chances, and some are given special programs as punishment for minor infractions. Absconders are sometimes treated differently from other violators in many jurisdictions. Supervision optimizes an offender’s achievement during and after the process and helps lower the risk and recurrence of crime.
Probation simultaneously achieves the goal of protecting society while rehabilitating the criminal. It aims at improving public safety by reducing future drug-related offenses (Schmalleger & Smykla, 2021). It includes rehabilitation, reintegration, punishment, deterrent, and criminal control. Probation is based on the belief that humans can change and that offenders can be rehabilitated with sufficient supervision, resources, and services while protecting public safety. Probationers are monitored through several systems to ensure they do not harm the community. Active and inactive supervision are the two categories most frequently used to distinguish probationers. Those on active probation must regularly check in with a probation officer. Probationers may be placed under inactive supervision because they only committed minor violations. When serious criminals have completed a significant portion of a lengthy probation sentence, they may occasionally be put on passive monitoring.
Thirdly, probation tries to make re-entry court participants self-supporting, productive citizens. All this is done to save money on taxes while adding value to the community. In contrast to being a burden on prison, jail, and law enforcement resources, ex-offenders positively contribute to society by paying taxes and caring for their families. Additionally, the probation department has access to offender-specific information that could help victims with their questions and concerns. Therefore, a victim would benefit from learning how probation works (Schmalleger & Smykla, 2021). Awareness of an offender’s custody status and understanding that they will be held accountable for their conduct through restitution or other supervision conditions. Restitution payment is therapeutic because it makes offenders answerable for the harm they caused and helps the victim rebuild their lives by providing financial compensation.
Some argue that probation is a free pass for offenders, while others assert that it adds to the already excessive workload of probation officials. At the end of 2020, an estimated 3,890,400 adults were under community supervision, a 6.6% decrease from the 4,167,100 who were supervised in the community on January 1, 2020 (Kaeble, 2021). This decrease was mainly due to the reduction in the number of people on probation, who made up the vast majority of the community supervision population.
The number of people on probation declined from 3,330,200 to 3,053,700 (down 8.3%) in 2020, the most significant annual decrease since the Bureau of Justice Statistics (BJS) began collecting probation data in 1980 (Kaeble, 2021). Adults under community supervision declined by 21% between the year-end of 2005 and 2020, going from 4,946,600 to 3,890,400 (Kaeble, 2021). The probation population declined for the thirteenth consecutive year since peaking in 2007. Given the numbers, probation works despite its flaws by serving as an essential component of the criminal justice system.
Probation is integral in providing first-time offenders with the opportunity to be rehabilitated without jail. It gives a significant opportunity for those who have made mistakes to get back on track and live productive lives. As such, it reduces the recidivism rate, protects society while rehabilitating the criminal, and ensures ex-offenders positively contribute to society by paying taxes. Probation continues to be effective as it has seen the probation population drop since 2007 for thirteen consecutive years, signifying its essentiality in the justice system.
References
Kaeble, D. (2021). Probation and parole in the United States, 2020. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Web.
Schmalleger, F. & Smykla, J. O. (2021). Corrections in the 21st century (9th ed.). McGraw-Hill Education.