Juvenile probation

SIGNIFICANCE: As an alternative to or in addition to time spent in correctional institutions, probation is often imposed on persons who have been convicted of crimes, especially juveniles.

Probation is a general term for alternative sentencing, allowing convicted criminals to live outside prison, either in the community or in supervised residential programs. The emphasis is on rehabilitation. By the use of education, training, and counseling, it is hoped that the convict will be able to lead a useful life and not continue criminal activities. Because youthful offenders are often perceived as more likely than older ones to change their outlooks and because prison is often viewed as a “school for criminal activities,” juveniles are more often sentenced to probation.

Probation has its roots in the harsh laws of the Middle Ages in Europe, where corporal or even capital punishment was imposed for crimes that would be considered minor by modern standards. Judges sometimes issued suspended sentences or imposed lesser punishments than those ordinarily called for, especially when children were involved.

The modern American system of probation began in the nineteenth century, especially in Massachusetts, where the first paid probation officer was hired in Boston in 1878. In the latter half of the twentieth century, as Americans became more interested in social problems and the welfare of underprivileged citizens, probation became increasingly widespread.

The Rationale Behind Probation

There have long been a variety of responses to antisocial activities in society. The biblical method of “an eye for an eye,” combined with Christian concepts of good and evil, led to a general attitude that those who harm others must suffer pain in retribution. By the nineteenth century and the onset of the Industrial Revolution, this attitude began to change, at least in part thanks to the writings of reformers, notably Charles Dickens, whose novels emphasized the difficult conditions among which members of the working class were forced to live.

In the wake of the Industrial Revolution and the sudden increase of immigration to the United States by people who had few skills, little education, and little knowledge of the English language, an underclass developed, and crime became the only solution for many persons. The problem became more intense in the twentieth century, as American cities became increasingly populated by minority groups, often living in desperate conditions. Reformers became interested in improving the conditions under which such people lived rather than sending them to prison. In more recent times, there has been a great deal of concern that US prisons are overcrowded and that people convicted of relatively minor offenses should be given alternative sentences.

The result of these changes in attitude was a system of alternatives to actual jail sentences, especially for young offenders. Particularly in the latter part of the twentieth century, young criminals began to be viewed as victims of society as much as villains, and new methods were proposed.

The Mechanics and Types of Probation

In modern times the process of sentencing begins with an arraignment, at which time accused persons are brought before a judge and their alleged crimes are stated. At this stage, a probation officer may file a petition with the court if it is felt that an alternative to incarceration is advisable. The decision is based on the seriousness of the crimes, the likelihood of reform, and the environment to which the accused will be returning.

If probation is imposed, it is always conditional. Criminals are assigned probation officers, who monitor their activities. Conditions are generally imposed; persons on probation must refrain from criminal activities, attend school or training programs, and often confine themselves to a particular geographic area. Probationers are kept under regular surveillance, sometimes by electronic means. If they violate the conditions of probation, they may be resentenced to prison. After the probational period has expired, they may be released into society as free citizens.

Juvenile probation is an attempt to give youthful offenders a second chance at leading useful lives in society. There are a great many opinions as to what sort of environment is most likely to allow and encourage youth to take such a course. The first consideration is the environment in which they lived before being arrested. If they came from reasonably sound homes, they would probably be returned to the custody of their parents and be supervised by a probation officer. They would be required to attend school on a regular basis and might also be assigned to community projects. This method was common in the 1960s but was perceived as less desirable in later decades.

Intensive supervised probation, begun in the 1960s for adults and expanded to include juveniles in the 1980s, is a more structured version of community probation. Probationers are often monitored electronically and may be required to pay restitution to their victims. Intensive counseling may also be involved.

At the end of the twentieth century, residential programs for juvenile probationers became far more common. Such programs had their origins in the reform schools of the nineteenth and early twentieth centuries, but many varieties were developed. At one extreme is the boot camp system, modeled on military training methods. Probationers are given intensive physical and educational training, and their lives are very highly structured. It is hoped that such harsh discipline will be effective in teaching the youths to abide by the rules of society.

Somewhat less restrictive are group homes, in which the juveniles live together in the community, under the supervision of adults, who either live on the premises or work in shifts. The probationers may be entirely restricted to the home, may be taken on supervised outings, or may even be given limited privileges in the outside environment, depending on their behavior. The rationale behind this system is to allow offenders to gradually work their way back into the community.

Another system, which became increasingly popular in the 1980s, was to involve youths with the natural environment. This might involve something very much like a year-round summer camp, involving sports, swimming, hiking, arts and crafts, and educational programs. It may be an intensive wilderness survival program. In either case, useful work for the Forestry Service or other government agencies may be involved, including the improvement of trails and the cleanup of wilderness areas. The wilderness approach is often considered especially appropriate for juveniles from inner-city areas. It is suggested that an extreme change of environment may change youths’ outlook and priorities.

If the court has determined that probationers have broken the law primarily because of an unfortunate home environment, the probationers may be placed in foster care. It is hoped that given a more supportive environment, they will change their ways. Parental visitation may or may not be granted. Along with these methods, a tactic called “shock probation” was introduced late in the twentieth century. Youths are taken to prisons, where they are shown the conditions in the hope that they will change their behavior in order to avoid going to prison themselves.

The Effectiveness of Probation

There is a great deal of controversy surrounding the effectiveness of assorted types of juvenile probation and the effectiveness of actual time in prison. Many statistical and individual studies have been conducted, but they have produced mixed results.

It is necessary to balance the welfare of juvenile offenders with the safety of the communities in which they live. At one extreme are those who believe that prisons are a bad influence in themselves. Young people who may be arrested for relatively minor offenses, such as vandalism or petty theft, will associate with hardened criminals and may learn to adopt their lifestyle. Also to be considered is that there is a great deal of violence within the prisons, including sexual abuse of young inmates, both male and female.

On the other hand, there are those who cite an apparent increase in crime among youths and stress that lawful members of the community must be protected. These people often point out that a disproportionate number of juvenile offenders come from certain regions and cities, where crime and drug use is rampant, and that if they return to these communities, they are likely to return to crime.

The use of alcohol and illegal drugs among youths confuses the situation further. The use of alcohol by someone under the legal age or the use of relatively benign drugs such as marijuana is a highly significant factor in the statistics involving youthful crime. As opinions on the law involving such offenses vary widely, the statistics are very often biased according to the viewpoints of those doing the studies.

Generally, it has been found that residential programs involving community involvement and useful training have at least some effect, although accurate figures are difficult to come by. Releasing offenders into the community is generally ineffective, especially if the community involved is an area in which both adult and juvenile crime is common.

Conclusions

The prevalence of criminal activities among young people in modern times has led to various attempts to control this problem. Beginning during the late twentieth century there was an increasing call for youths who commit serious crimes, especially violent crimes, to be tried and punished as if they were adults, even including subjecting them to capital punishment. At the same time, there were many attempts to consider alternative punishments in order to prevent young offenders from becoming lifetime criminals.

The problem is not easy to solve. On one hand, there is a natural tendency to want to treat children as gently as possible in the hope that they can overcome unfortunate environmental conditions and become useful members of society. On the other hand, the increasing presence of street gangs and juvenile delinquency causes great fear among the adult population.

Bibliography

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