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Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ...
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Probation Officer
A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government. Duties and functions Responsibilities of a probation or parole officer are varied. While the majority of the public considers these officers as merely supervisors of offenders, their role within the legal system is significantly broader and more complex. While their roles vary throughout the world, they are commonly responsible for upholding conditions of supervision as sentenced by a court or other government entity which includes specific case management aimed at reducing an offender's risk to reoffend. At a minimum, they are required to po ...
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Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ...
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Federal Probation Service
The U.S. Probation and Pretrial Services System, also called the Office of Probation and Pretrial Services, part of the Administrative Office of the United States Courts, is the probation office of the federal judiciary of the United States. It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law enforced by probation officers. History The first legislation for Federal Probation Law was introduced in 1908, one of which was prepared by the New York State Probation Commission and the National Probation Association (later known as the National Council on Crime and Delinquency) and introduced before Congress by United States Senator Robert L. Owen of Oklahoma. The bill provided for a suspension of a sentence, in U.S. District Court, and a sentence of probation. The bill also provided for comp ...
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Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ('speech, spoken words' but also 'promise'), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ...
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Electronic Tagging
Electronic tagging is a form of surveillance that uses an electronic device affixed to a person. In some jurisdictions, an electronic tag fitted above the ankle is used for people as part of their bail or probation conditions. It is also used in healthcare settings and in immigration contexts. Electronic tagging can be used in combination with the global positioning system (GPS), but for short-range monitoring of a person that wears an electronic tag, radio frequency technology can be used. History The electronic monitoring of humans found its first commercial applications in the 1980s. Portable transceivers that could record the location of volunteers were first developed by a group of researchers at Harvard University in the early 1960s. The researchers cited the psychological perspective of B. F. Skinner as underpinning for their academic project. The portable electronic tag was called ''behavior transmitter-reinforcer'' and could transmit data two-ways between a ''base stat ...
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Alternatives To Incarceration
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or Electronic monitoring in the United States, custodial supervision. Decarceration, the opposite of Incarceration in the United States, incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the List of countries by incarceration rate, world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarcerati ...
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Boston Municipal Court
The Boston Municipal Court (BMC), officially the Boston Municipal Court Department of the Trial Court, is a department of the Trial Court of the Commonwealth of Massachusetts, United States. The court hears criminal, civil, mental health, restraining orders, and other types of cases. The court also has an appellate division (composed of justices that sit in rotating panels of three) which reviews questions of law that arise from civil matters filed in the eight divisions of the department. History Boston Police Court and Justices' Court for the County of Suffolk The court's history dates to 1822, the year in which Boston was chartered as a city. Two courts were established, both served by the same judges: the ''Boston Police Court'', to hear criminal matters, and the ''Justices' Court for the County of Suffolk'', to address civil claims. The two courts remained distinct until 1860 when the Justices' Court was abolished, and its civil jurisdiction transferred to the Police Court ...
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John Augustus
John Augustus (c. 1785 – June 21, 1859) was an American boot maker and penal reformer. He is credited with coining the English term "probation" and is called the "Father of Probation" in the United States because of his pioneering efforts to campaign for more lenient sentences for convicted criminals based on their backgrounds. Life Augustus was born in Woburn, Massachusetts. His interest in prisoner rehabilitation began in 1841, when he was touched by the case of a man arrested for public intoxication and paid his bail, moving the judge to set the man free. Thus began Augustus' practice of paying peoples' bail. Augustus' success rate could rival - and possibly surpass - the success rate of any rehabilitation program available today. His work brought him the devotion and aid of many Boston philanthropists and organizations. Augustus' success started him on an 18-year run as the first probation officer. At his death, it was noted that of the 1,946 people he helped, only ten pr ...
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Drug Test
A drug test (also often toxicology screen or tox screen) is a technical analysis of a biological specimen, for example urine, hair, blood, breath, sweat, or saliva, oral fluid/saliva—to determine the presence or absence of specified parent drugs or their metabolites. Major applications of drug testing include detection of the presence of Use of performance-enhancing drugs in sport, performance enhancing steroids in sport, employers and parole/probation officers screening for Prohibition (drugs), drugs prohibited by law (such as cocaine, methamphetamine, and heroin) and police officers testing for the presence and concentration of alcoholic drink, alcohol (ethanol) in the blood commonly referred to as Blood alcohol content, BAC (blood alcohol content). BAC tests are typically administered via a breathalyzer while urinalysis is used for the vast majority of drug testing in sports and the workplace. Numerous other methods with varying degrees of accuracy, sensitivity (detection ...
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Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with "clean hands" and the request was reasonable, " quantum meruit". Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. Family courts have been accused of sentencing disparity both discriminating against women and discriminating against men. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Associ ...
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Peace Officer
A law enforcement officer (LEO), or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities. Modern legal codes use the term ''peace officer'' (or in some jurisdictions, ''law enforcement officer'') to include every person vested by the legislating state with law enforcement authority. Traditionally, anyone "sworn, badged, and armable" who can arrest, or refer such arrest for a criminal prosecution. Security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority, including arresting in some jurisdictions. Peace officers may also be able to perform all duties that a law enforcement officer is tasked w ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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