Formal Probation vs. Summary Probation
What is the Difference and Which is Best?
Jackie Phillips
Criminology, Post University
CRJ331 – Community Corrections
Terri J. Johnson
Due Date: 11:59 pm EST Sunday of Unit 2
In this assignment you will examine probation conditions and who is the person in charge of setting the conditions.
What is your stance on the proposition that probation conditions should be left soly to the discretion of judges and should not be prescribed by law? Select the viewpoint you agree with and defend it.
I think that all of the above should exist and that trained and experienced judges should be given room to interpret the law based on the PSI and circumstances of the case. Once the judge makes the decisions, then the probation officer fulfills those requirements set by the judges and court.
“Probation requires criminal defendants to agree to comply with certain terms and conditions during their probationary period to avoid having to fulfill their sentence to serve time incarcerated. Because every criminal case typically contains a different set of circumstances, judges tend to set terms and conditions of probation specific to a defendant.”
California delineates two types of probation: The first is summary or informal probation, which is served without court supervision as the defendant is unsupervised by any probation officer. The second type of probation in California is felony or formal probation, which requires that individuals report to and be supervised directly by a probation officer.” (Dolan, J., 2020)
“Conditions of Probation
Judges set the conditions of your probation. If you fail to follow the terms of probation, the court may impose a prison sentence or add more restrictive conditions.
Judges must set reasonable conditions of probation. This means a judge cannot set vague, overbroad, or arbitrary conditions and must generally relate to protecting the public. Also, if a judge wishes to impose special conditions, those conditions must relate to the nature of the crime committed.” (Strom, S., 2023)
It also helps to have a knowledgeable attorney on your side who can oversee that everyone is doing a great job for the defendant.
“Judges have a great deal of discretion in determining the conditions of probation and some judges are known for the onerous conditions they impose upon their probationers. The harsher the conditions, the more likely a probationer is to fail. Regardless of your conditions of probation, appearing before your sentencing judge again for allegedly failing to abide by those conditions is a difficult proposition.” (Zoglio, D., 2017)
“The judge makes the final decision whether a person is placed on probation, taking into account certain “sentencing factors” that are set forth under California Rules of Court, Rule 4.414. This rule lists out many factors in mitigation and in aggravation as to the offense and the person’s personal and criminal history. Most often, the judge does not analyze each factor in a deliberate, rigorous manner, one factor after another, but he or she can.” (Hill, G., 2024)
If the defendant is a juvenile, then the conditions that the judge states would be different than for an adult defendant. I still think the law should give judges discretion for sentences based on the individual person and conditions, which is also stated in the PSI report.
“Home on probation is a type of sentence given to minors who commit criminal offenses. The minor is allowed to live at home with his or her parents but ordered to follow certain terms and conditions. At a minimum, every juvenile placed at home on probation must attend school, have a curfew, and pay restitution. If the parents supervise the minor, it is called unsupervised home probation. If supervision is by the probation department it is called supervised home probation.” (No author given, 2024)
References
Dolan, J., 2020, Dolan Law Firm, What is Formal Probation?, https://dolanlawoffices.com/what-is-formal-probation/
Hill, G., 2024, Greg Hill and Associates, What is Formal Probation? How is it Different from Summary Probation?” https://www.greghillassociates.com/what-is-formal-probation-difference-from-summary-probation.html#:~:text=The%20judge%20makes%20the%20final,person's%20personal%20and%20criminal%20history.
No author given, 2024, Shouse Law Group, “Home on Probation” as a Sentence for Juvenile Delinquents,” https://www.shouselaw.com/ca/juvenile/disposition/home-on-probation/#:~:text=The%20minor%20is%20allowed%20to,a%20curfew%2C%20and%20pay%20restitution
Strom, S., 2023, FindLaw, Probation, https://www.findlaw.com/criminal/criminal-procedure/probation.html
Zoglio, D., 2017, Zoglio Law Firm, Probation Violations, https://www.zogliolaw.com/probation_violations.php
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