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A BRIEF
HISTORY OF PROBATION
PROBATION - A term coined by
John Augustus, From the Latin verb "probare" - to
prove, to test.
The origins of probation can be traced to English criminal
law of the Middle Ages. Harsh punishments were imposed on
adults and children alike for offenses that were not always
if a serious nature. Sentences such as branding, flogging,
mutilation and execution were common. During the time of King
Henry VIII, for instance, no less than 200 crimes were punishable
by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive
segments of English society concerned with the evolution of
the justice system. Slowly, yet resolutely, in an effort to
mitigate these inhumane punishments, a variety of measures
were devised and adopted. Royal pardons could be purchased
by the accused; activist judges could refrain from applying
statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders
could be charged with a lesser crime. Also, benefit of clergy,
judicial reprieve, sanctuary, and abjuration offered offenders
a degree of protection from the enactment of harsh sentences.
Eventually, the courts began the practice of "binding
over for good behavior," a form of temporary release
during which offenders could take measures to secure pardons
or lesser sentences. Controversially, certain courts in due
time began suspending sentences.
In the United States, particularly in Massachusetts, different
practices were being developed. "Security for good behavior,"
also known as good aberrance, was much like modern bail: the
accused paid a fee as collateral for good behavior. Filing
was also practiced in cases that did not demand an immediate
sentence. Using this procedure, indictments were "laid
on file" or held in abeyance. To mitigate unreasonable
mandatory penalties, judges often granted a motion to quash
based upon minor technicalities or errors in the proceedings.
Although these American practices were genuine precursors
to probation, it is the early use of recognizance and suspended
sentence that are directly related to modern probation.
Two names are most closely associated with the founding of
probation: Matthew Davenport Hill, an 18th century English
barrister and judge, and John Augustus, a 19th Century Boston
boot-maker.
As a young professional in England, Hill had witnessed the
sentencing of youthful offenders to one-day terms on the condition
that they be returned to a parent or guardian who would closely
supervise them. When he eventually became the Recorder of
Birmingham, a judicial post, he used a similar practice for
individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed
in the hands of generous guardians who willingly took charge
of them. Hill had police officers pay periodic visits to these
guardians in an effort to tack the offender's progress and
to keep a running account.
John Augustus, the "Father of Probation," is recognized
as the first true probation officer. Augustus was born in
Woburn, Massachusetts, in 1785. By 1829, he was a permanent
resident of Boston and the owner of a successful boot-making
business. It was undoubtedly his membership in the Washington
Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were
convinced that abusers of alcohol could be be rehabilitated
through understanding, kindness and sustained moral suasion,
rather then through conviction and jail sentences.
In 1841, John Augustus attended police court to bail out
a "common drunkard," the first probationer. The
offender was ordered to appear in court three weeks later
sentencing. He returned to court a sober man, accompanied
by Augustus. To the astonishment of all in attendance, his
appearance and demeanor had dramatically changed,'
Augustus thus began an 18-year career as a volunteer probation
officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers taken
under his wing. Close attention was paid to evaluating whether
or not a candidate would likely prove to be a successful subject
of probation. The offender's character, age and the people,
places and things apt to influence him/her were all considered.
Augustus was subsequently credited with founding Investigations,
one of three main concepts of modern probation, the other
two being Intake and Supervision. Augustus, who kept detailed
notes on his activities, was also the first to apply the term
"probation" to this process of treating offenders.
By 1858, John Augustus had provided bail for 1,946 men and
women, young and old. Reportedly, only ten of this number
forfeited their bond, a remarkable accomplishment when measured
against any standard. His reformer's zeal and dogged persistence
won him the opposition of certain segments of Boston society
as well as the devotion and aid of many Boston philanthropists
and organizations. The first probation statute, enacted in
Massachusetts shortly after this death in 1859, was widely
attributed to his efforts.
Following the passage of that first statute, probation spread
gradually throughout the United States and subsequently to
many other countries. The juvenile court movement contributed
greatly to the development of probation as a legally recognized
method of dealing with offenders. The first juvenile court
was established in Chicago in 1899. Formalization of the concept
of Intake is credited to the founders of the Illinois juvenile
court. Soon after, thirty states in turn introduced probation
as a part of juvenile court procedure. Today, all states offer
both juvenile and adult probation.
The administrative structure of probation varies widely from
state to state. In some states, probation and parole are combined.
There are state-administered probation systems and locally
administered systems. In New York, probation is locally administered
under the general supervision of the state.
Probation in New York State had its official beginning in
1901, with the enactment of the first probation in the state.
One of the commission's recommendations in its report to the
Legislature resulted in the creation of the New York State
Probation Commission in 1907. Until the late 1920s, this commission
coordinated probation work in various parts of the state,
encouraging the statewide development of probation services,
the planned and promoted standards of practice, and guidelines
for monitoring local probation services.
In 1917, a State Division of Probation was established within
the NYS Department of Corrections, and in 1928 the Office
of the Director of Probation was created. The State's Division
of Probation remained within the Department of Corrections
until 1970 when it was organized as a separate state agency
within the Executive Department. The Director of the NYS Division
of Probation then became a gubernatorial appointee, directly
accountable to the governor.
As a result of additional statutory changes, local probation
departments, which prior to the early 1970s were responsible
to the judiciary, followed they NYS Division of Probation's
lead. In 1974, all local probation directors were made accountable
to their respective chief county officials, or in the case
of New York City, the mayor.
In 1984, the Classification/Alternatives Law expanded the
authority of the state division. the name was changed to the
New York State Division of Probation and Correctional Alternatives,
enhancing the division's ability to foster the development
and effective implementation of local community-based corrections.
A present, the New York City Department of Probation is second
only in size to the Los Angeles County department.
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