Discuss the nature, conditions of, and arguments for probation

Question

What will be an ideal response?

Answer 1

In most jurisdictions, probation is a direct judicial order that allows a youth who is found to be a delinquent or status offender to remain in the community under court-ordered supervision. A probation sentence implies a contract between the court and the juvenile. The court promises to hold a period of institutionalization in abeyance; the juvenile promises to adhere to a set of rules mandated by the court.

Probation conditions are rules mandating that a juvenile on probation behave in a particular way. They can include restitution or reparation, intensive supervision, intensive counseling, participation in a therapeutic program, or participation in an educational or vocational training program. In addition to these specific conditions, state statutes generally allow courts to insist that probationers lead law-abiding lives, maintain a residence in a family setting, refrain from associating with certain types of people, and remain in a particular area unless they have permission to leave.

Here are the arguments in favor of probation:
• For youths who can be supervised in the community, probation represents an appropriate disposition.
• Probation allows the court to tailor a program to each juvenile offender, including those involved in interpersonal offenses. Research, however, raises questions about the adequacy of the present system to attend to the specific needs of female youths on probation.
• The justice system continues to have confidence in rehabilitation while accommodating demands for legal controls and public protection, even when caseloads may include many more serious offenders than in the past.
• Probation is often the disposition of choice, particularly for status offenders.