Evolution of Probation
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How has probation in this country developed to where it is today?
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Solution Summary
Probation comes from the Latin word "probatio" which means testing period. The concept of probation was first introduced in English Common Law (England). The courts would suspend an execution to allow the convicted to appeal for a pardon. In the United States in 1841, John Augustus convinced a Boston judge to release a convicted drunk for a short time and then helped the man rehabilitate before he went back for sentencing. This practice became widespread and judges would release convicted criminals on their own recognizance and then take no further action against them.
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Probation comes from the Latin word "probatio" which means testing period. The concept of probation was first introduced in English Common Law (England). The courts would suspend an execution to allow the convicted to appeal for a pardon. In the United States in 1841, John Augustus convinced a Boston judge to release a convicted drunk for a short time and then helped the man rehabilitate before he went back for sentencing. This practice became widespread and judges would release convicted criminals on their own recognizance and then take no further action against them.
By the mid 1800's the Federal Courts were using "judicial reprieve" to suspend sentences until 1916 when the Supreme Court that Federal Judges could not suspend a sentence indefinitely. This was the Killets Decision and let to the passing of the National Probation Act of 1925. This Act ...
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