Lecture 5

Historical Development of Probation in England

• Initiation by Magistrates: Experiments began to prevent young offenders from imprisonment stigma.

• Supervision: Young offenders assigned to parents or employers, with police checks on progress.

Who is Matthew Davenport Hill?

• Father of Probation in England: Pioneered probation systems, documenting his findings in Birmingham court.

• Role of Guardians: Engaged guardians for juvenile offenders, believing reformation was more achievable outside prison.

Historical Development of Probation in the United States

• Massachusetts: First state to enact probation law (1894), allowing probation for good conduct.

• Missouri: Adopted a partial measure in 1897.

• Rhode Island: Followed as the third state with a probation law.

• Expansion: Other states like Illinois, Minnesota (1899), New Jersey, and New York (1900) introduced similar laws.

• Federal Act: U.S. Federal Probation Act enacted on March 4, 1925.

Who is John Augustus?

• Father of Probation in the USA: Born 1785, advocate for temperance, started the probation movement in Boston.

• Early Cases: Managed men charged with drunkenness, expanded to diverse offenses, maintaining a low failure rate in rehabilitations.

Historical Development of Probation in the Philippines

• Adult Probation Law of 1935: Enacted by the Philippine Legislature, creating a Probation Office. Only applicable for first-time offenders but declared unconstitutional in 1937.

• Teodulo C. Natividad: Recognized as the Father of Probation in the Philippines, led drafting of probation laws.

The Adult Probation Law of 1976

• Seventeenth of House Bill No. 393, introduced by Teodulo C. Natividad in collaboration with Ramon D. Bagatsing.

• Presidential Decree No. 968: Established a probation system to provide more individualized treatment, took effect in 1978.

Inter-Disciplinary Committee on Crime Prevention (IDCCP)

• Role: Drafted the adult probation decree, involved varied stakeholders and experts.

• Outcome: Proposed institutionalization of adult probation presented at the First National Conference on Crime Control in 1976.

Parole and Probation Administration (PPA)

• Creation: Established under Presidential Decree 968, responsible for administering probation system.

• Responsibilities: Overseeing probationers along with parole and pardoned offenders post-sentence.

Forerunners of Probation

• Clerical Benefits: Early approach softening punishment severity.

• Judicial Reprieve: Suspended sentences for offenders under favorable circumstances.

• Recognizance: Early form of probation, making promises for good behavior.

Elements and Characteristics of Probation

Essential Elements

1. Post-sentence Investigation Report: Influences court decision.

2. Conditional Suspension of Execution: Court orders involved.

3. Imposed Conditions: To protect public safety and promote rehabilitation.

4. Supervision by Probation Officer: Guidance and support provided.

Characteristics

• Enlightened correctional treatment.

• Aims to reduce recidivism via individualized programs.

• Cost-effective alternative to imprisonment.

Benefits of Probation

1. Protects Society: Reduces detention costs and high recidivism rates.

2. Protects Victims: Ensures restitution and justice.

3. Sustains Families: Maintains family unity.

4. Supports Government: Reduces prison population and court burden.

5. Aids Offenders: Facilitates rehabilitation and dignity restoration.

Purpose of the Probation Law

1. Promotes correction and rehabilitation through individualized treatment.

2. Provides opportunities for reformation outside prison sentences.

3. Prevents further offenses.

Advantages of Probation

1. Prevents future crimes by regulating non-dangerous offenders.

2. Cost-effective compared to jail maintenance.

3. Aids first-time youthful offenders.

4. Restores civil rights post-probation.

5. Supported by UN initiatives.

Terms to Ponder

1. Petition: Application for probation.

2. Petitioner: Defendant applying for probation.

3. Probationer: Individual on probation.

4. Probation Investigation: Process of evaluating the client.

5. Probation Supervision: Continuous support for adherence to probation terms.

6. Probation Officer: Public officer managing probation cases.