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Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. [1]
On March 4, 1925, President Calvin Coolidge, a former Governor of Massachusetts and very familiar with the benefits of a functioning probation system, signed the bill in to law. This Act gave the U.S. Courts the power to appoint Federal Probation Officers and authority to sentence defendants to probation instead of a prison sentence.
The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, [1] or in addition to home detention, [2] while the latter is imposed in addition to imprisonment.
Generally, probation refers to community-based supervision directly ordered by the court for the significant object of fulfilling incarcerated sentence. On the other hand, parole is defined as periodical conditional release from the prison in the community to be supervised as for well-being and rehabilitation.
The probation system was first introduced into Thailand in 1952 and applied to juvenile detention centres under the juvenile and family court. In 1956, the use of probation was explicitly stipulated for the first time in the modern Criminal Code of Thailand as a condition of sentence or punishment in adult criminal cases.
The probation period begins at the pronouncement or the issue of the judgment. When conditional imprisonment is imposed, the convicted person shall be notified, in connection with the pronouncement or the issue of the judgment, of the date when the probation period ends and of the grounds on which the sentence may be ordered to be enforced.
Harris County Juvenile Justice Center. The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution.
The development of a modern criminal justice system was contemporary to the formation of the concept of a nation-state, later defined by German sociologist Max Weber as establishing a "monopoly on the legitimate use of physical force", which was exercised in the criminal justice case by the police. [24] [25] [26] [27]