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Paper Topic:

Types of Probation and Parole.

Types of Probation and parole

In searching for legal standards for protection of a person convicted for criminal offences three procedural stages following conviction shall be formulated : Sentence , Probation and Parole .The term probation is derived from the Latin word probate ' which means to test or to prove ' or I prove

When a person convicted of an offence , as a special case by virtue of age or other reason is not sent to prison but is kept under the supervision for the purpose of correcting him as a good citizen , he

is said to have been kept on probation . The official who supervises is called probation officer . The probation officer is appointed by the government . The period of supervision is called probation period . For example when a child or young person is convicted for commission of a crime , he is not sent to prison but is kept under probation under the supervision of a probation officer . Therefore probation means the conditional suspension of a sentence by the court , in selected cases especially of young offenders , who are not sent to prisons but are released on probation , on agreeing to abide by certain conditions Earlier probation was designed only for child offenders . But it can be extended to a delinquent of any age

Probation may be defined as method of dealing with specially selected offenders and consists of conditional suspension of punishment while the offender is placed under personal supervision and is given individualized treatment

Morrison Committee defined probation as the submission of an offender while at the liberty to a specified period of supervision by a social case worker , who is an officer of the court . Probation and parole are statutory privileges granted by the governmental authority , Ughbanks v Armstrong , HYPERLINK "http /supreme .justia .com /us /208 /481 /index .html 208 U .S . 481 (1908 , held that parole is not a constitutional right but instead is a "present " from government to the prisoner

The main object of probation is to save some selected types of offenders from the rigorous punishment . Further , probation reduces crime rate and avoids overcrowding in jails . Its aim is reformation of delinquents as responsible citizen in the society

In America , the idea of probation was coined for the very first time by Peter Oxzebridge Thacher J in 1830 . John Augustus , a Boston shoe maker is considered to be the pioneer of probation in 1849 . he succeed in releasing a drunkard on probation from a police court . Later he succeeds in releasing on probation 253 males , 149 females and 2000 boys . In 1878 probation laws passed and probation officers were appointed . By 1921 , 35 states passed laws for Adult probation and 47 states passed laws for juvenile 's probation . By 1956 , almost all states passed probation laws

Section 54 .04 (d ) of the Family Code authorizes a juvenile court to place a child on probation "on such reasonable and lawful terms as the court may determine

Probation of adult offenders is governed by the Code of Criminal...

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