Explain the different ways that a sentence of probation is imposed and how the court sets the conditions of probation.

Question

What will be an ideal response?

Answer 1

More than half of all cases involve a direct sentence to probation for a fixed period of time. In many cases the judge will formulate a prison sentence and then suspend it if the offender agrees to obey the rules of probation while living in the community, a practice known as a suspended sentence. If the offender completes the probation term without further trouble, his or her sentence is considered served. Some offenders receive a split sentence in which they must first serve a jail term before being released on probation. In the remaining cases, the imposition of the sentence is suspended and the case continued without a finding until further notice. For misdemeanors, probation usually extends for the entire period of the jail sentence, whereas felonies are more likely to warrant probationary periods that are shorter than the suspended prison sentence. When granting probation, the court sets down certain conditions or rules of behavior that the probationer is bound to obey. Although probation officers themselves can later set some conditions, courts have typically ruled that the most restrictive ones must be approved by the sentencing judge. Some conditions are standard and are applied to every probation case, like "Do not leave the jurisdiction," but the sentencing judge usually has broad discretion to set specific conditions on a case-by-case basis. Sometimes the individual probationer is given specific rules related to his or her particular circumstances or may have restrictions tailored to fit their individual needs and/or to protect society from additional harm. Community supervision may be revoked if probationers fail to comply with the conditions of their probation.