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NCJ Number: 97159 Add to Shopping cart Find in a Library
Title: Mission and Justice - Clarifying Probation's Legal Context (From Probation and Justice, P 39-63, 1984, Patrick D McAnany et al, ed. - See NCJ-97157)
Author(s): P D McAnany
Date Published: 1984
Page Count: 25
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Oelgeschlager, Gunn and Hain Publishers, Inc
Boston, MA 02116
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

Oelgeschlager, Gunn and Hain Publishers, Inc
131 Clarendon Street
Boston, MA 02116
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: In contrast to the traditional conception of probation as a form of rehabilitation, the justice approach to probation views it as a penal sanction requiring that it fit the principles of due process of law.
Abstract: This approach thus dictates that the structure and application of probation reflect the general purposes of the criminal law. Recent debate has changed these goals< to reflect a justice orientation. The reformed sentencing codes have three related sets of mechanisms: classification of offenses, gradation of penalties, and control of discretion in applying penalties to offenses. If probation were reformed to fit this context, it would change with respect to the goal served, the nature of the penal status, and its nonconditional nature. Probation would be a penal sanction, as in fact it already is. Some hard work and imagination would make it possible to design a just desert probation that would be both punitive and determinate. The third criterion, the nonconditional nature of probation, however, presents a major practical problem in enforcement. Nevertheless, if the sentence is clear in what it demands of the offender, probation can be enforced. Sixty-eight references are listed.
Index Term(s): Due process model; Just deserts theory; Probation
Note: Available on microfiche as NCJ-97157.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=97159

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