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History of Probation

History of Probation


Among the alternatives to detention provided for and regulated in Chapter VI of Title I of the law 354/75, it assumes a prominent position on probation with the social service called the "flagship" penitentiary order. Probation is given a central role in the atonement of the death outside the city walls, which is a different way from running a prison. This alternative measure has in fact been introduced in order to avoid, to the maximum possible extent, the damage caused by contact with the prison environment and the state of total deprivation of liberty.

The probation of social services can be defined as the type of penalty that allows the offender to serve their prison sentence imposed by the court of cognition, or at least the one remaining in the free assisted and controlled and therefore outside the prison. The provision of custody application on the one hand negates any relationship of the offender to the prison institution and the other involves the establishment of a collaborative relationship with the social service which must, through its staff, to help to overcome the difficulties of adapting to social life and to monitor the conduct in order to ensure a final rehabilitation and prevent the commission of further offenses (Morgan, 2003, p. 7-19).

The probation is in origin, the suspension of the imposition of a custodial sentence, a trial period as the term suggests in which the defendant, who has been established criminal liability but still it is imposing a sentence where it is vacated under the supervision of a probation officer.

Salient feature of probation is the imposition of behavioural those convicted: the judge, in fact, when applying the measure, sets the requirements (probation conditions) that the subject has an obligation to comply. The double job of the probation, on the one hand, to monitor compliance with the precepts lay down by reporting any violations to the court, who is serving the other, must accompany the measure with a support function.


In case of failure to comply, the court may revoke the measure and pronounce the sentence of imprisonment. The positive outcome of the test results instead of the renunciation of the sentence by the court.

As historical institute, well-defined, probation finds its origins in the practice of U.S. courts of the nineteenth century, but has its roots in the practice of English common law of the XII - XIII century.

Date back to the time institutions such recognizance, the judicial reprieve and the benefit of clergy, the means by which the courts in an attempt to break away from the mechanical application of the principles that had been excessively strict consolidating in the body of common law. It is a conquered and progressive area of discretion, which allowed them to adjust penalties response to personal characteristics of the offender.

Among the institutions from which you can bring down the probation, it certainly includes the recognizance, a term which indicated the commitment of a person to look for a certain period of time with ...
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