Abstract
This research paper shows that probation is an appropriate sentence that gives a person a chance to connect with society and rebuild his self-esteem. Facts have shown that criminal justice offers a series of different treatments for offenders to rehabilitate themselves and restore their status in society. Supervision of offenders plays a vital role in either their rehabilitation or their deportation. Facts show that coordination between criminal justice and probation officers is essential for the effectiveness of treatment. It is discussed that despite having many methods of treating offenders, there are some aspects that result in the ineffectiveness of these treatments.
Introduction
Probation in criminal law is a specified period during which an offender is under the supervision of a probation officer. Instead of serving time in prison, the court orders probation for an offender. Probation gives a prisoner who is convicted of a crime a chance to stay in the community as an alternative to staying in jail. However, one who is on probation has to follow some specific rules that the court has ordered him/her to follow and must remain under the observation of the probation officer. Some of the usual conditions of probation include serving in the community, avoiding meeting specific persons as ordered, refraining from the use of illegal drugs, meeting with the probation officer after a specific period, avoiding going to different places as ordered, and appearing in court when requested. If a violation occurs during this probation period, then it’s up to the probation officer to either give you a warning or summon you to a violation hearing.
Supervision of offenders in society, along with intermediate sanctions, different treatments, various educational programs, and involvement in local services, has been proven to be very useful in changing their behaviour for a long time. Regardless of probation use, it faces an image problem, particularly since it is considered a soft approach to crime in public perception. Probation agencies need to recognize more effective supervision for these prisoners to reduce recidivism. Moreover, the supervision of an offender under probation is considered to be the most uninteresting part of this process “in the background of another programming” (Taxman, 2008).
History
Probation originated in the Middle Ages in English criminal law. Even for small offences committed by both adults and children, there were harsh punishments. Common sentences at that time were flogging, branding, mutilation, and execution. During the rule of King Henry VIII, nearly 200 crimes were punishable by execution, even though most of them were minor offences. Because of this harshness, there was discontent in certain progressive areas of English society that were concerned with this state of the justice system. Then, gradually, a variety of measures were introduced to reduce these harsh punishments. Certain methods were adopted to create a degree of protection for offenders from these punishments, such as the benefits of the clergy, sanctuary, and abjuration. Ultimately, a practice was adopted by the court called “binding over for good behaviour” for the offender to take proper measures to lessen his sentence or to secure pardon by his temporary release from jail (Nyc.gov). After that, security for good behaviour and aberrance was made, and the offender paid some fees as good security for the right response, which led to the introduction of probation. John Augustus is also known as the father of probation because of his sincere efforts as the first real probation officer. His membership in the society of total abstinence led him to the courts of Boston. He attended the police court in 1841 to post bail for a drunkard, who was the first person on probation. When the man returned to court three weeks later, he had become sober due to the efforts of Augustus. His attendance and appearance changed dramatically due to Augustus’s efforts.
Treatments And Supervision Of Offenders
Treatments for people on probation typically differ from the treatments given to people in jail or prison. Though the freedom of people on probation is restricted, they have greater access to alcohol and drugs than imprisoned people, so they have many chances to return to crime and relapse. Furthermore, providing and securing food and shelter for people on probation is often more important. Individuals are therefore kept under the supervision of probation officers, and the level of supervision usually differs according to individual circumstances. Intensive control includes unplanned drug testing, frequent meetings between the person on probation and the probation officer, and participation in community services. This type of supervision usually requires more effective monitoring and contact with the person on probation three or more times a week or five to six times a month.
Supervision is necessary for the offender to remain under the guidance of the officer, which helps him restore the positive side of life and get rid of evil deeds. Moreover, as compared to traditional supervision, intermediate supervision is usually related to frequent drug testing, more frequent reporting to criminal justice staff, short stays in jail, attendance at 12-step meetings, service in the community as required, repeated home visits, and electronic tracking of the individual. There is a certain level of treatment services that are recommended for offenders, and they should be individualized and multidimensional, based on diagnostic assessment and judgment through clinics, as well as the resources available in a given community.
Residential Treatment
There are several approaches for those who are being supervised in the community, including supportive living for those who are receiving treatment. The therapeutic community is a well-known residential model that provides a 24-hour, well-controlled, structured treatment environment. A group-centered approach is used in most residential treatment programs to create an environment that is identical to the family perspective and that makes clients comfortable with their peers. In this treatment, people are involved in laundry, chores, and meal preparation, with the aim of participating in problem-solving and improving cooperation and communication skills. Residential treatment is followed by continued care. Texas created a residential treatment program for probationers to avoid overcrowding in jails, and those who participated in this residential program had even lower arrest rates (Knight and Heller, 2004).
Outpatient Treatment
Outpatient treatment services provide treatment by professionals in repeated sessions that are scheduled in individual or group settings to give treatment for several hours per week. Due to the regularly scheduled meetings of this treatment, there is a chance that offenders may receive more intensive therapy in these sessions than during their period of incarceration. In intensive outpatient treatment, the client may engage in a day or evening program for community services while living in an exclusive residence or at home. As the individual starts to meet the treatment goals, the intensity of the treatment begins to decrease. Outpatient services in the community aid the person in developing social skills and working in group processes.
Halfway Houses
In halfway houses, the client is involved in work, training, and other activities run by the criminal justice system; these transitional facilities do not necessarily include treatment for drug abuse. Halfway houses are useful treatment settings for clients that help them stabilize themselves and prepare to re-enter society. This treatment program mostly facilitates individual counselling along with family, group, and couples therapy. Offenders have the advantage of leaving the facility for work or treatment, but they have to remain connected to the community and other correctional institutions, where they can share their responsibilities and where rules should be followed. These types of treatments are beneficial for individuals trying to build a good standing in society by avoiding evil deeds.
Problem-Related To The Effectiveness Of Treatments
Despite different probation treatments, most people on probation cannot meet their basic needs. So, these basic needs should be met before probation starts. Not having a residence in which to live during the probation period and community correction supervision is a major problem in many jurisdictions. The housing that is provided is often poorly located for jobs, public transportation routes, and community social services, and it may place individuals with family members or friends involved in drugs. Residential arrangements for clients are a critical factor in planning correctional supervision. Often, the offender’s home environment has a negative impact on adherence to the treatment given. So, continuous surveillance is necessary to keep the offender from committing another offence. Moreover, almost 65% of offenders are rearrested for offences like robbery, rape, homicide, aggravated assault, or weapon offences.
Although employment and vocational training are essential to an offender’s recovery, problems can arise when a community supervision agency assigns them before the person on probation engages in treatment. There is an increased risk that money earned by the person on probation will be used on drugs and alcohol before the client’s treatment starts. Moreover, there is a risk of the offender losing the job due to his/her behaviour related to substance abuse because he/she has not yet received treatment. So, there is a need for vocational training of the offender before permitting the offender to retain a job or get a better job. Vocational training should be started before the treatment is undertaken rather than introducing this professional training at the end (Wexler, 2001). There is a challenge in integrating vocational assessment, training, placement, and counselling, and it requires unique collaboration among agencies from inside and outside as well.
It is crucial, when an offender relapses, to gauge the seriousness of that relapse to identify possible and reasonable interventions. The resumption of drug use can lead to the resumption of certain criminal activities. So, it is necessary to include graduated sanctions for certain relapses in treatment programs. Repeated relapses can trigger certain dangers for society and affect the offender’s progress in treatment. The relapse rate is mostly high among many offenders as they are reintroduced to the community and have a particular type of freedom. As relapse occurs, an individual should be helped by being told that it is part of the recovery plan, which may lead to increased motivation toward recovery. Possible sanctions that can be placed on the person who relapses may include house arrest, day treatment, short stays in jail, more frequent drug testing, assignment to a halfway house, and electronic monitoring.
There are certain obstacles in making the transition between offenders and the community, such as the shame and stigma of being arrested. Building self-esteem is a practical approach to encouraging the offender to become a part of society by volunteering in activities related to community services. Giving the individual a chance to contribute to the organization may help build self-regard and reduce feelings of alienation. The success of this treatment plan depends mostly upon the treatment approach, staff quality, and the motivation of the offender. However, this self-esteem program is not often used as a treatment for the offender because feelings of stigma and shame are sometimes absent, particularly in those who have traits of antisocial behavior and psychopathy. Targeting the offender’s self-esteem without instilling a sense of responsibility and understanding toward society may result in the offender committing more criminal activity.
Often, people on probation may have many financial responsibilities, such as supporting the family, paying child support and reimbursement, meeting job requirements, and following the treatment schedule, so these multiple responsibilities may hinder the success of treatment programs. These multiple responsibilities can become a burden, causing the offender to give up the will to recover by saying that he just couldn’t handle it. So, it’s up to the criminal justice department to make some specific arrangements to help the person on probation meet these multiple responsibilities.
People on probation may have fear in their minds because of the limited freedom given to them and fear of reincarceration if they make a mistake. There are certain barriers that can hinder the success of this treatment program, including the sense of hopelessness that nothing can change their lives and the belief that treatment is for weak people. They may also have a perception that this treatment plan is more like punishment than a cure. So, it depends upon the treatment plans to address these fears of offenders and change their perception of them. People on probation should understand the consequences if they fail to maintain the specific supervision requirements that have been established for them.
In 2003, almost one million women were on probation, and one hundred thousand were on parole (Glaze & Palla, 2004). Nearly 85% of the women in the criminal justice system were under community supervision in 1998. Among them, almost 45% of the women whose probation ended in 1996 were back in prison after committing another offence or had absconded. The incarceration of mothers results in the loss of custody of their children, which is often very difficult for them to accept and often leads to impending grief and sorrow. A client should be deliberate about giving back to her child after performing well during the treatment process.
People on probation often face some supplementary challenges, which can cause their absence from work due to illness. There are no special arrangements provided for these people, which may cause them to be unable to perform well in the treatment process and might result in their reincarceration in prison. Additional facilities should be provided to these offenders, including medical services, prevention education, support in social services, and other services such as psychological services. Services offered should also include risk assessment of disease and therapeutic interventions.
Conclusion
The trend of placing offenders on probation due to overcrowding of prisoners in jail has increased in recent years. No matter which treatment is applied to offenders on probation, there remains a risk of reoffending, which may result in the reincarceration of these offenders. Lack of effective supervision can contribute to the offender’s return to crime. The criminal justice department should establish well-planned treatment and supervision so that these offenders do not engage in crime again.
Recommendation
A person on probation under community supervision may need services from multiple systems. Facilities should be provided to support practical outcomes and natural progress. There should be a proper combination of the treatment process and appropriate surveillance of the offender to ensure lower costs than incarceration. There should be adequate training for probation officers, substance abuse counsellors, and case managers to ensure synchronized services. During the period of community supervision, there should be effective reassessment. For the treatment of substance abuse, there should be a proper vocational training program that can lead to sufficient success in this treatment. Continuous care should be implemented for all people in residential treatment. The probation officer should have proper access to the client’s home and workplace under community supervision for effective monitoring of the offender. There should be a revision of the community treatment program, and staff from community supervision should be involved in planning the treatment program and its revision. There should be a proper education program for offenders on probation so they can understand the realities of incarceration and its harsh impact on the life of the offender.
References
Wexler, H. K., & Williams, R. (2002). The Stay’n Out therapeutic community: Prison treatment for substance abusers. Journal of Psychoactive Drugs, 18(3), 221-230.
Taxman, F. S. (2008). To be or not to be: Community supervision déjà vu. Journal of Offender Rehabilitation, 47(3), 209-219.
Knight, K., Hiller, M. L., Simpson, D. D., & Broome, K. M. (2004). The validity of self-reported cocaine use in a criminal justice treatment sample. The American journal of drug and alcohol abuse, 24(4), 647-660.
Mumola, C. J. (2005). Substance abuse and treatment, state and federal prisoners, 2005. Alcohol, 21(8).
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