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criminal_laws:probation_of_offenders

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criminal_laws:probation_of_offenders [2021/04/09 22:11]
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criminal_laws:probation_of_offenders [2021/06/23 20:53] (current)
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-The term “Probation” is derived from the Latin word “probare”, which means to test or to prove.Probation system is based on reformative theory.A prison sentence no longer recognizes the jail sentence as the only course of care to ensure the safety of society. The Probation of Offenders Act, 1958 is very helpful especially in the present context of prison reform.The object of Criminal Law is more inclined towards the reformation of the offender than to punish him. Instead of keeping an accused with hardened criminals in a prison, the court can order personal freedom on promise of good behaviour and can also order a period of supervision over an offender. The alternative punishment measure, i.e. probation and the theory of reform penalty can be achieved only by the cooperation of the judiciary and the administration. +The term “Probation” is derived from the Latin word “probare”, which means to test or to prove.Probation system is based on reformative theory.A prison sentence no longer recognizes the jail sentence as the only course of care to ensure the safety of society. The Probation of Offenders Act, 1958 is very helpful especially in the present context of prison reform. The object of Criminal Law is more inclined towards the reformation of the offender than to punish him. Instead of keeping an accused with hardened criminals in a prison, the court can order personal freedom on promise of good behaviour and can also order a period of supervision over an offender. The alternative punishment measure, i.e. probation and the theory of reform penalty can be achieved only by the cooperation of the judiciary and the administration. 
-{{ :criminal_laws:jail.jpg?nolink&400 |}} +{{ :criminal_laws:jail.jpg?nolink&400x200 |}} 
-The earliest provision to have dealt with probation was section 562 of the Code of Criminal Procedure, 1898. After amendment in 1973 it stands as section 360 of The Code of Criminal Procedure, 1973. The Probation of Offenders Act, 1958 has been enacted on the premise that certain offenders should be reformed by counselling and rehabilitation rather than throwing them into jail by being regular offenders. It’s objective is to have a person who is put on probation as a responsible member of society while retaining contact with his or her family and community support sources.An accused person should be given a chance of reformation which he would lose in case he is incarcerated in prison and associates with hardened criminals.The Act is based on a reformative approach which has come over the years from the Doctrine of Deterrence.Probation is the most important or effective method of treatment. Once on probation, a person may be ordered to engage in an evaluation of drug abuse or domestic violence to determine if treatment is necessary. The Probation of Offender Act, 1958 saves minor offenders from becoming regular criminals.+The earliest provision to have dealt with probation was section 562 of the Code of Criminal Procedure, 1898. After amendment in 1973 it stands as section 360 of The Code of Criminal Procedure, 1973. The Probation of Offenders Act, 1958 has been enacted on the premise that certain offenders should be reformed by counselling and rehabilitation rather than throwing them into jail by being regular offenders. It’s objective is to have a person who is put on probation as a responsible member of society while retaining contact with his or her family and community support sources. An accused person should be given a chance of reformation which he would lose in case he is incarcerated in prison and associates with hardened criminals. The Act is based on a reformative approach which has come over the years from the Doctrine of Deterrence. Probation is the most important or effective method of treatment. Once on probation, a person may be ordered to engage in an evaluation of drug abuse or domestic violence to determine if treatment is necessary. The Probation of Offender Act, 1958 saves minor offenders from becoming regular criminals.
  
 ===== Probation Officer ===== ===== Probation Officer =====
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 ==== Probation is an alternative sentence ==== ==== Probation is an alternative sentence ====
- The offenders selected under the supervision of probation officers are allowed to serve a criminal sentence within the community. A probation sentence can require a criminal to pay fines or restitution or seek advice on substance abuse or for problems with his or her health or family. Probation control is one of the ways for courts to punish people who are accused of criminal activity. Infractors undertake to the court to behave properly, to prevent more crimes and to comply with the terms of the warrant. Normal supervisory requirements include:+The offenders selected under the supervision of probation officers are allowed to serve a criminal sentence within the community. A probation sentence can require a criminal to pay fines or restitution or seek advice on substance abuse or for problems with his or her health or family. Probation control is one of the ways for courts to punish people who are accused of criminal activity. Infractors undertake to the court to behave properly, to prevent more crimes and to comply with the terms of the warrant. Normal supervisory requirements include:
  
   - Being of good conduct;   - Being of good conduct;