Professional Documents
Culture Documents
Probation
Probation
1. INSTITUTIONALIZED CORRECTION
- The rehabilitation of offenders in jail
or prison.
To:
1. punish; and
2. to rehabilitate the offender.
- A procedure wherein a sentence of offender is
temporarily suspended and he is permitted to
remain in the community, subject to the control of
the court and under the supervision and
guidance of a probation officer. It is a privilege
granted by the court to a person convicted of a
crime or criminal offense to remain with the
community instead of actually going to prison.
a) Benefits of Clergy
- 13th century, a compromise between
the church and the King, wherein any member
of the clergy brought to trial in the king’s court
shall be claimed from that jurisdiction by the
bishop or chaplain representing him and
placed under the authority of the ecclesiastical
court.
b) Judicial Reprieve
- This is temporary suspension of the
execution of sentence by the judge either
before or after judgment.
Early in the 17th century, with the
establishment of settlements in America,
English courts began to grant reprieves to
prisoners under sentence of death on
condition that they accept deportation.
c) Recognizance or “binding over for good
behavior”
d. Death of probationer.
Rights Restored after Termination of
Probation
a. All civil rights suspended when the
offended was convicted and sentenced
are restored after the termination of
probation
b. liability to pay a fine is also discharged
IN CASE OF SUBSIDIARY
IMPRISONMENT
How Can Probation help in the
Prevention of Crime?
- when in the community, he is helped
and given opportunities to be productive
and responsible instead of going to
prison
- hopefully, these situations restrain the
probationer from committing crime
How can Community help in the
Success of Probation?
1. community accepting the probationers,
giving them a feeling of belongingness
2. community agencies and schools are
being opened for the training and
treatment of probationers
3. community leaders and layman
allowing the participation of
probationers in developmental
programs
4. religious organizations giving the
probationers spiritual advice and
extending their social action programs
to probationers
5. various organizations providing
temporary housing for probationers
6. the community playing an equally
important role after the termination of
probation, it should be ready for the
reintegration of the individual into
community life.
Difference of Probation from Imprisonment
and Parole:
1. Probation is an alternative to imprisonment.
Instead of being confined in prison, the
probationer is released to the community
by the court with conditions to follow and is
placed under the supervision of PO.
2. Parole is a conditional release of a prisoner
whereby he is placed under the
supervision of a Parole Officer after
serving his minimum sentence.
3. Probation is a community-based approach to
reformation of offenders, while
imprisonment adopts the institutionalized
approach.
4. Probation is handled by the Probation
Administration while parole is
administered by the Parole Board
5. Probation is enjoyed only once while parole
may be granted more than once,
depending on good behavior during
imprisonment.
6. Probation is more beneficent because it
restores full civil rights to the probationer
upon termination unlike parole.
7. Probation is essentially a judicial function
(under the control of the court) while
parole is an executive function (under the
Parole Board).
Violation of Probation and the Three
Theories
1. Grace Theory – a conditional privilege; an act of
mercy by the judge which has not been earned by
the defendant
2. Contract theory – a breach of contract can result
in penalties.
3. Custody theory – the court has the authority to
move the convict from the community to prison
in the event of violation of probation
NOTES TO REMEMBER:
P.D. 1257 – participation of the prosecutor in
the determination of the application for
probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1
day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years
and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987) –
renamed the Probation Administration into
Parole and probation Administration
NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege
EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying
probation SHALL NOT BE APPEALABLE.
Probationer – a person placed on probation
1) Amnesty
Is a general pardon extended to a
group of persons generally exercised by the Chief
Executive with the concurrence of congress.
It is an act of sovereign power
granting oblivion or general pardon for past
offense and rarely, if ever, exercised in favor of
single individual is usually exerted in behalf of
certain classes of person who are subjected to
trial but not have been convicted.
Note: Amnesty can be availed of before,
during and after the trial of the case, even after
conviction.
Differences between Amnesty and Pardon