For this assignment, please submit at least 1 paragraph containing at least 7 sentences in the “Discussion and Conclusion” area of this essay.
Colorado Technical University Online
Saturday, January 13, 2018
Week: Individual Project
Probation can be defined as a kind of a sanction that has been ordered on a person who has violated the law. One is normally put on probation after they have been found guilty of committing a particular crime. When one is under probation, they normally stay in communities but under the supervision of a probation officer. Various types of probation exist and these include community service, counseling, fines, jail time, reporting to the probation officer, restitution, drug and alcohol restrictions and weapons restrictions
Two types of probabtion exist and these are serving a time in jail and then being put on probation upon completion of the jail term or going on with the probation without having to go to jail. For the second option, one can skip their jail time but only if they complete the probation successfully. When one breaks the terms or conditions of their probation, they commit a probation violation. Several factors affect the consequences that may come with the violation. These factors include the seriousness and nature of the violation, any accounts of prior violations, circumstances that may worsen or lessen the severity of the situation
Normally, there are no set rules regarding what may happen immediately after one violates their probation. However, the first and foremost legal way of handling a probation violation is for the probation officer to issue a warning or instruct the person to appear in court for a hearing on the probation violation. In the event the offender is requested to appear in court, the probation officer requests for some form of penalty which could potentially include jail term. During the hearing, the prosecuting attorney needs to prove whether the violation occurred by a “preponderance of the evidence”
A Hypothetical Defendant and Stipulation of the State in Which He Lives
Name: Peter E Farmer
D.O.B: January 2000
Peter’s first misdemeanor was truancy
His second demeanor is the current of being drunk and disorderly
Note: It is of importance to note that juveniles are protected by the court and for this reason, their detailed information cannot be availed to the court
Probation parole/Parole History: None
The official version of the offense: Farmer was detained for being drunk and disorderly. After the police conducted a search on him, the officers found him in possession of 1/3 of an ounce of a substance which the officers identified as marijuana. In law the possession of any unauthorized substances such as marijuana is considered to be a felony offense
Plea Bargain: The council for the defendant is proposing for a sentence program (PSP) so that this case can be transferred to a drugs court
Custody Status: The defendant in this case has been released with an enforced curfew to his parents
Stage 2: Recommended Legal Plan
The extra legal information provided is that
1) Substance abuse History: The defendant has no hisrory of drug abuse as this is his first time
Mental Health: The defendant purports to come from a loving family and has had no traumatic incidences that he can recall.He has also expressed remorse for the problem he has caused
Employment History: The defendant is projected to graduate soon and he has planned to attend college
Gang affiliation: Peter has no known affilliations to any criminal like gang
Background and community ties: The defendant has been a regular attendee at his local church and participates in several church sponsored programmes
Discussion of How the Probation Will Be Measured
For this case, it is of importance to note that Peter is a minor in the first case and therefore many details about him cannot be given out. His two main crimes were being drunk and disorderly as well as being found in possession of marijuana which is an illegal substance. From an analysis of Peter’s case, it is against the law for one to be drunk and be disordrly, and also thepossession of marijuan is a punishable crime b law. Peter is a minor though and therefore the only two possible ways of having him punished for his mistakes are either to have him sentenced to a juvenile court or to have him put on probation. Since his case is not so major, the best action to take for Peter would be to have him put on probation. His likely probation would be to have him go sweep the mayors office every Friday as a way of disciplining him and making him know that for sure what he did was not right.
By serving the community, Peter will have to interract with other people his age and maybe educate them that he is paying for what he did.Also, as he serves his term, Peter will have to have restrictions such as not moving far from his home and always having to do things under the watch of his mother. During his probation, he should make sure that he reports to the officer in charge and take any other orders that the officer may feel fit for him as a way of correcting him. By any chance if he violates his probation,the officer in charge of looking after hi m should report the matter to the necessary aouthorities for the proper measures to be taken against him.
Discussion and Conclusion
Vidal, S., & Woolard, J. (2017). Youth’s Perceptions of Parental Support and Parental Knowledge as Moderators of the Association Between Youth-Probation Officer Relationship and Probation Non-compliance. Journal Of Youth & Adolescence, 46(7), 1452-1471.
Holloway, E., Cruise, K., Downs, S., Monahan, P., & Aalsma, M. (2017). Juvenile Probation Officer Self-Assessed Mental Health Competency as a Predictor of Case Management Practices. Administration & Policy In Mental Health & Mental Health Services Research, 44(4), 534-546. doi:10.1007/s10488-016-0734-5
Leclerc, C., & Tremblay, P. (2016). Looking at Penalty Scales: How Judicial Actors and the General Public Judge Penal Severity. Canadian Journal Of Criminology & Criminal Justice, 58(3), 354-384. doi:10.3138/cjccj.2014.E31