Tag: Probation

Origin and growth Probation system in USA

USA

The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious nature. Sentences such as branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor offenses.

History of Pre-trial Services, Sentences Suspension, and Probation in USA

USA

The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best. The Act also authorized courts to appoint one or more persons to serve as probation officers without compensation and one salaried probation officer.

Whether termination during PROBATION could be viewed as a punitive action?

mere continuation of service beyond the period of PROBATION does not amount to confirmation unless it was so specifically provided. The other line, though in very few cases, but, has been taken by this Court is that where there is provision in the Rules for initial PROBATION and extension thereof, a maximum period of such extension is also provided beyond which it is not permissible to extend PROBATION.