Why is the decision to grant probation such a complicated process?

What will be an ideal response?


The decision to grant probation is such a complicated process because there are so many factors at play and so many potential options open to judges. The plea bargaining process further affects the process because there are so many issues which defendants might attempt to negotiate.

Judges frequently accept negotiated plea outcomes but can refuse to accept a proposed agreement. Offenders as a group tend to have a wide range of risk and need factors, which judges must take into account. Judges must consider factors such as the presentence investigation report, the offender's score on any risk assessment instruments, the wishes of the victim, and so on. All of these factors must be examined closely in order for the best decision to be made, making the process long and extremely complex.

Criminal Justice

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