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LEGAL RESPONSIBILITY OF PROBATION OFFICERS IN SUPERVISION

NCJ Number
41672
Journal
Federal Probation Volume: 41 Issue: 1 Dated: (MARCH 1977) Pages: 35-38
Author(s)
J D KUTCHER
Date Published
1977
Length
4 pages
Annotation
THIS ARTICLE DISCUSSES THE DUTY OF A PROBATION OFFICER TO HIS CLIENT IN RELATION TO HIS LEGAL RESPONSIBILITY TO THE PUBLIC.
Abstract
THE PROBATION OFFICER'S DUTIES NECESSITATE PROTECTING THE PUBLIC FROM CRIMINAL OR ANTISOCIAL BEHAVIOR OF HIS CLIENTS, AS WELL AS PROMOTING REHABILITATION OF THE CLIENT. PROBATION OFFICERS SHOULD DETERMINE THOSE ACTS THAT ARE NECESSARY TO MEET THE DUTY OF CARE TO THE PUBLIC. WITHIN THIS DISCUSSION FALLS THE SUBJECT OF QUASI-JUDICIAL IMMUNITY. AS TO THE ELEMENT OF DISCRETIONARY DUTIES, AS OPPOSED TO MINISTERIAL, A PROBATION OFFICER'S ACT WILL BE DEEMED DISCRETIONARY WHERE A COURT OR A SUPERVISOR HAS MADE A DIRECTIVE THAT IT BE SO, OR WHERE THE DECISIONMAKING AREA IS LEFT OPEN WITH NO SPECIFIC GUIDELINES MADE APPLICABLE TO THE SITUATION.(AUTHOR ABSTRACT MODIFIED)....BDS