In the early hours of Sunday, October 27, 2013, police officers arrested singer Chris Brown and his bodyguard in Washington, D.C. Early reports allege that Brown and his
bodyguard attacked a man outside the W Hotel by the White House. While a police investigation will determine
whether or not Brown is guilty of the crimes he committed, he faces the very
serious issue of having violated his probation. At the time of the arrest, Brown was on
probation following his February 2009 arrest for assaulting his
then-girlfriend, Rhianna.
According to the Bureau of Justice Statistics, 4,814,200 Americans were under community supervision (probation or parole) at the end of 2011. Four million people amongst that group
were on probation. The Prince William County Court defines probation as a court ordered sanction that allows a person
to remain in the community under the supervision of a court officer. Probation can include jail time, fines,
restitution, community service or other sanctions. Probation is not exclusive to felonies. In
fact, it is very common for people charged with felonies to plead out to lower
level misdemeanors and enter probation as their punishment. Probation is an extremely popular option in
the United States court system because it allows low-level offenders to stay
under court supervision without taking up room in the already overcrowded court
system.
While probation will always remain a popular option in the
United States, it has its critics. Many
believe that probation (which is often used in plea deals) is too soft a
punishment. Critics believe it is, in
essence, letting criminals off the hook. Supporters of probation have also argued that
the current system is ineffective and administered poorly. One law review
article even goes as far as to refer to probation as “the stepchild of the
criminal law and corrections systems.”[1]
Regardless of where you stand on
probation, there are currently very few options that provide continuing
surveillance of offenders without simply incarcerating them. Probation provides officials a means to
monitor offenders – usually low-level offenders- without taking up space in
prison cells. Theoretical and procedural
inefficiencies aside, probation does provide an important service for which the
criminal justice system currently lacks alternatives.
When someone enters their probationary period, they are
usually required to meet with their probation officer on a weekly basis. The person is not allowed to associate with
any known gang members or criminal delinquents. Most importantly, especially
for Chris Brown, any arrest constitutes a violation of probation and possibly a
revocation of the plea deal. Needless to
say, probation is a lot of work and responsibility.
For juveniles, probation can be an extremely risky venture. Unlike the adult system, juvenile court does
not have juries and punishments are made solely by judgments. Similar to the
adult system, plea deals dominate the court system and probation remains a very
popular option. One of the issues of
putting a juvenile on probation is that it keeps the state involved in their
life for an extended period of time. As
a result, issues in the juvenile’s life that are normally reserved for adjudication
by a school or parent quickly get converted into opportunities for state
intervention. For example, little Billy
Smith gets charged with felony robbery and misdemeanor theft. Billy pleads out to the misdemeanor charge to
drop the felony, and ends up getting a year of probation. Five months into the probationary period,
Billy gets into a fight at school and gets suspended for three days. Now, in the non-probation world, Billy gets
scolded by his Mom, loses X-Box for a week, and life goes on. But Billy now has to report the suspension to
his probation officer. This goes into
the probation officer’s report and could potentially lead to a number of
consequences for Billy, including an extension of the probation time.
Clearly the current probation system has its faults. Just thinking about the sheer number of people
on probation speaks to how overwhelmed the system is. The whole principle behind probation is
supervision. Anything that requires
supervision of four million people nationwide is going to cause a headache. Even if probation is too soft a punishment or incredibly
inefficient, the alternatives can be less appealing. Abolishing the probation system is simply not
an option. There has to be an
alternative to incarceration that does not simply release convicts onto the
streets. The prison system cannot handle
that sort of surge. But what are the other options? Restorative justice movements have gained
momentum in small communities, but one would figure that critics who find
probation “too soft” would probably not support victim restoration programs. Plus, could you really implement restorative
justice on that large a scale? Further, the sluggish economy does not provide
state governments too much room to experiment with different programs. Like it or not, probation is here to stay.
Chris Brown represents both the shortfalls and successes of
probation in the United States. On the
one hand, the evidence of his crime was gruesome and overwhelming. Pictures arose of a badly beaten woman with
little question of who was throwing the punches. Five years probation does not exactly scream
“justice”. On the other end of the
spectrum, the probation process has served its purpose with Brown. He remains on the radar of the criminal
justice system. If the arrest does
constitute a violation of his parole, then his punishment will not be
reflective of felony assault, but of a history of legal issues within a short
period of time. Can United States’ citizens
really ask for much more from their criminal justice system?
As practitioners, the real key to solving the inefficiencies
of the probation system are two-fold- (1) advising clients to accept
responsible plea deals and (2) good post-conviction counseling. The first concept almost fulfills the second. Accepting a responsible plea deal with a
reasonable probation time will aid a client in staying within the restrictions
of their probation. In other words, the more suitable the probation- the less
likely the client is to violate it. That
being said, post-conviction counseling is important. Recidivism is not some elusive concept. Offenders can have a bad tendency of reoffending. Aiding a client in finding steady work,
avoiding bad influences, and meeting regularly with their probation officer can
go a long way in keeping your client out of prison, and your office from
getting slammed with unnecessary work.
Calen Weiss
Articles Editor, Criminal Law Practitioner
Image from deviantART.
[1]
The Committee to Study Alternatives to
Incarceration and Probation, “Report on Alternatives to Incarceration
and Probation”, 49 Rec. Ass’n B. City
N.Y. 377, 379 (1994).
While probation is a positive solution insofar as it keeps the prisons less crowded and serves as an interim, close supervisory status until 'freedom,' I've always viewed it as a giant carrot, the inducement to take advantage of that one last chance. Criminals may see it as an inconvenient but temporary holding pattern while the likes of Chris Brown and Lindsay Lohan may view probation as a joke. Perhaps Robert Downey, Jr. did as well but the Court finally lost its patience. If one asked Downey today about probation, he'd probably suggest respecting it because, unlike him, he didn't see it as his one last chance. It would be interesting to see the statistics on those persons who got probation and thereafter never got near the legal system again except for a speeding ticket.
ReplyDeleteExcellent point. If anything it speaks to the diversity of offenders and their ability to utilize their probationary period. Keep in mind though that roughly 35% of all incoming prisoners are parole violations (http://www.ncsl.org/print/cj/violationsreport.pdf). Granted parole and probation are very different, its difficult to view probation as a uniform "works" or "doesn't work". However, anything program that has such a high violation rate clearly requires some retooling. - Calen Weiss, Articles Editor
DeleteThe case of Singer under arrest during probation is a great example. The post on Glitter Bombing is also very good.Have you been charged with a crime in Pima County?
ReplyDeleteHave you spoken with a qualified Tucson criminal defense attorney?
If you have been charged with a crime and are facing serious consequences such as large fines and incarceration, it’s essential you have an experienced criminal defense lawyer on your side.criminal lawyer tucson