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NCJ Number: 97158 Add to Shopping cart Find in a Library
Title: Rethinking Probation in the Context of a Justice Model (From Probation and Justice, P 15-37, 1984, Patrick D McAnany et al, ed. - See NCJ-97157)
Author(s): M K Harris
Date Published: 1984
Page Count: 23
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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Oelgeschlager, Gunn and Hain Publishers, Inc
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Sale Source: National Institute of Justice/
NCJRS paper reproduction
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Oelgeschlager, Gunn and Hain Publishers, Inc
131 Clarendon Street
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United States of America

NCJRS Photocopy Services
Box 6000
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United States of America
Language: English
Country: United States of America
Annotation: Should the justice model, also called the just deserts model, be applied to probation, three types of major changes could occur, but it is unlikely that probation will soon change to fit this model.
Abstract: The treatment and surveillance models for probation both involve several problems when viewed from the perspective of the justice model, and numerous proposals have been offered to deal with these problems. Better guiding principles are needed in developing sanctions consistent with a justice model. Fundamental principles in this model are the relating of sanctions to the severity of proven criminal behavior, the proportionality of sanctions to the offense, the similar treatment of similarly situated offenders, the use of explicit sanctions, the irrevocability of sanctions, a punitive element to sanctions, and a view of offenders as responsible actors capable of responsible choice. Probation would change considerably if these principles were used. It could be abolished, reconceptualized and reorganized with a new array of nonincarcerative sanctions, or disassociated from the sanctioning system and rededicated to providing help and assistance to offenders in the community. However, changes are unlikely to be as fundamental as these, although current trends away from an individual treatment model are likely to continue. Because some of the recent reformist thinking has produced negative impacts, the lack of immediate fundamental change in probation is reassuring. However, vigorous debate, more careful consideration of implications, and the advancement of other models are still needed. Seventeen references are listed.
Index Term(s): Correctional reform; Just deserts theory; Models; Probation
Note: Available on microfiche as NCJ-97157.
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=97158

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