scholarly journals THE TASKS OF A PROBATION OFFICER RELATED TO THE MONITORING OF PERFORMANCE OF PROBATIONAL OBLIGATIONS DURING THE TRIAL PERIOD IN “O” CASES

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 57-86
Author(s):  
Anna Janus-Dębska
Keyword(s):  
Probation Officer ◽  
Professional Group ◽  
Probation Officers ◽  
Penal Code ◽  
Trial Period ◽  
Criminal Matters

The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not directly specify the obligations of this professional group.

scholarly journals Probation officer suspended in executive proceedings

2019 ◽  
Author(s):  
Anna Janus-Dębska ◽  
Rafał Skręt
Keyword(s):  
Probation Officer ◽  
Probation Officers ◽  
Penal Code ◽  
Executive Authority ◽  
Legislative Changes ◽  
Criminal Matters

As a result of legislative changes, from January 1, 2010, cases in which probation teams of the judicial service executing decisions in criminal matters are referred to cases in which enforcement proceedings have been suspended pursuant to art. 15 § 2 of the Executive Penal Code. Despite the lapse of 10 years from the introduction of the obligation for probation officers to perform control activities in such cases, doubts are still raised as to the role and tasks of probation officers resting in the course of executive proceedings that have been suspended and have not been performed for some time. In the course of such suspended proceedings, does the professional probation officers still retain all the qualities associated with his status as an executive authority? The purpose of this study is to present the role of a probation officer as a authority of executive proceedings in a situation where, despite legality and enforceability, the judgment will not be enforced and will not be pending for reasons of a temporary nature and to present de lege ferenda conclusions regarding the regulation of the rights of probation officers in the discussed areas.

The significance of resocialization diagnosis in the work of an adult probation officer

2018 ◽  
Vol 4 (1) ◽  
pp. 1-12
Author(s):  
Anna Janus-Dębska
Keyword(s):  
Legal Regulation ◽  
Criminal Code ◽  
Probation Officer ◽  
Probation Officers ◽  
Penal Code ◽  
European Countries ◽  
Detailed Knowledge ◽  
Effective Interactions ◽  
Social Rehabilitation ◽  
Trial Phase

In accordance with the legal regulation of the Criminal Code and the Executive Penal Code in force in Poland, both in preparatory and executive proceedings, the court should make decisions based on an individual criminological prediction. In many European countries, reports in trial phase, pre-trial reports, as well as pre-sentence reports are prepared by probation officers. In Poland, the court often uses the help of probation officers during the enforcement phase, sporadically before the judgment is passed. Diagnosis properly prepared by a probation officer allows planning social rehabilitation interactions appropriate to the deficits and resources of the convicted person. It is important to acquire detailed knowledge about the extent of the probationer's problems and their character, which will help in the implementation of proper and effective interactions.

scholarly journals POWERS OF THE PRESIDENT OF THE COURT OVER THE PROBATION OFFICER

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 71-105
Author(s):  
Mieczysław Oliwa
Keyword(s):  
Probation Officer ◽  
Professional Group ◽  
Probation Officers ◽  
Working Time ◽  
District Court ◽  
District Courts ◽  
Probation Service ◽  
Special Location

The article presents the issue of the powers of the president of the court in relation to professional probation officers who form the probation officer service in the area of jurisdiction of the district court. Due to the special location of court guardianship at the level of a district court and a regional court, the author focuses on the powers of presidents of regional courts and presidents of district courts, arising directly from the Act on probation officers or directly related to it. The aim of the study was to collect, systematize and organize the powers of court presidents under the Act on probation officers in such a way that it was possible to indicate which of these powers belong to the president of the regional court, and which belong to the president of the district court. The variety and specificity of the tasks entrusted to probation officers, the related task-related working time and the statutory self-government of this professional group may cause doubts as to the bodies authorized to exercise powers in relation to this professional group. Taking into account the organizational distinctness of the probation service in terms of supervision entrusted to the district probation officer, the author indicates the powers that the presidents of the district and regional courts have in relation to probation officers.

scholarly journals COUNTERACTING MOBBING IN THE PROBATION SERVICE

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 129-162
Author(s):  
Mieczysław Oliwa
Keyword(s):  
Probation Officer ◽  
Professional Group ◽  
Probation Officers ◽  
District Courts ◽  
Special Position ◽  
Administration Of Justice ◽  
Remedial Actions ◽  
Probation Service

This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.

Probation officer discretion in monitoring and violating supervision conditions

2021 ◽  
pp. 026455052110415
Author(s):  
Ebony Ruhland ◽  
Esther Scheibler
Keyword(s):  
United States ◽  
Decision Making ◽  
Qualitative Data ◽  
The United States ◽  
Probation Officer ◽  
Probation Officers ◽  
Number Of Individuals

Probation is a sentence served in the community and includes a number of supervision conditions. If the conditions are violated, individuals could receive a sanction, including revocation. Not every violation, however, may receive a consequence. Probation officers have discretion for how they manage individuals on the caseloads. This study used qualitative data from two departments in a MidWest state in the United States, one rural and one urban, to explore officer decision-making in supervision. It is critical to examine these factors due to the high number of individuals revoked from probation each year. The study findings illustrate the factors officers use in monitoring conditions, as well as in violations and revocations.

Youthful Offenders in Israel

1978 ◽  
Vol 7 (1) ◽  
pp. 57-72 ◽  
Author(s):  
Gideon Fishman
Keyword(s):  
Social Class ◽  
Legal Status ◽  
Probation Officer ◽  
Probation Officers ◽  
Professional Standards ◽  
Legal Provision ◽  
Ethnic Stereotypes ◽  
Youthful Offenders ◽  
To Receive ◽  
Youthful Offender

AbstractThis study investigates the legal status and treatment of the youthful offender in Israel. Due to a legal provision, in the case of the youthful offender, the court is required to receive a pre-sentencing report from a probation officer; however, there is no institutionalized indication as to how or to what degree the judges should follow the report. Our findings reveal that both judges and probation officers adhere to high professional standards and make their decisions according to the specific case brought in front of them, and that they are not affected by social class or ethnic stereotypes. In spite of a considerable correspondence between the recommendations made by the probation officers and the decisions made by the judges, one cannot avoid noticing also some discrepancy. This is attributed to the strong therapeutic values which characterize the probation officers' training and which are less evident among the judges. The consequences of this discrepancy are analysed and discussed and a few steps to narrow the gap are suggested.

Individual-Level Predictors of the Working Relationship between Probation Officers and Probationers

2020 ◽  
Vol 100 (6) ◽  
pp. 709-725
Author(s):  
Lincoln Sloas ◽  
Jennifer Lerch ◽  
Scott Walters ◽  
Faye S. Taxman
Keyword(s):  
Clinical Trial ◽  
Strong Relationship ◽  
Severity Index ◽  
Probation Officer ◽  
Addiction Severity Index ◽  
Probation Officers ◽  
Policy Implications ◽  
Working Relationship ◽  
Individual Level ◽  
Addiction Severity

The working relationship between probation officers and probationers is an important area of research given recent studies illustrate a strong relationship reduces recidivism. In this study, the perceptions of the working relationship between officers and probationers were examined among a group of substance-using probationers who participated in a multi-site randomized clinical trial. After 6 months, probationers who reported greater alcohol use and greater family and peer drug use on a baseline Addiction Severity Index were less likely to perceive their probation officer as being caring/fair/trustworthy, and older probationers were less likely to perceive their PO as being tough. Important policy implications are discussed.

The Administration of Criminal Law in some Kenya African Courts

1961 ◽  
Vol 5 (3) ◽  
pp. 139-144
Author(s):  
J. R. M. Tennent
Keyword(s):  
Criminal Law ◽  
Educational Level ◽  
Penal Code ◽  
The North ◽  
District Council ◽  
Criminal Charges ◽  
Criminal Matters ◽  
Average Educational Level

The Kenya African Courts hear in a year about twice as many criminal charges as all the Magistrate's Courts of the Colony together, yet the nature of their functioning is very little known in legal circles. Their jurisdiction in criminal matters extends over some 27 sections of the Penal Code including theft and indecent assault, and over a large variety of offences under other laws, as well as over all African District Council By-laws. This paper aims to give a picture of certain illuminating peculiarities in their administration of this body of criminal law. It is based on the records of individual cases and on knowledge gained from hearing appeals from African Courts and on listening to cases being conducted. The North Nyanza Courts, where the material was gathered, are amongst the most advanced in Kenya, having a staff of elders and clerks of a higher average educational level than those of most other districts.

Validation and Application of the LS/CMI in Nebraska Probation

2018 ◽  
Vol 45 (6) ◽  
pp. 863-884 ◽  
Author(s):  
Alisha Caldwell Jimenez ◽  
R. Hazel Delgado ◽  
Trace C. Vardsveen ◽  
Richard L. Wiener
Keyword(s):  
Logistic Regression ◽  
Predictive Validity ◽  
Risk Score ◽  
Racial Bias ◽  
Probation Officer ◽  
Probation Officers ◽  
Level Of Service ◽  
Randomized Experiment ◽  
Total Risk ◽  
White Target

This study examined the validity of the Level of Service/Case Management Inventory (LS/CMI), as probation officers in the state of Nebraska use the tool. Study 1 evaluated the predictive validity of the LS/CMI by examining 19,344 probationer records over a 5.5-year period (January 2007-July 2013), and found that the LS/CMI total risk score demonstrated moderate predictive validity. Consistent with past findings, logistic regression showed that the total risk score predicted recidivism (return to probation) differently for nonminorities than for minorities. Furthermore, minorities scored higher than nonminorities on seven of the eight criminogenic factors. Study 2, a true randomized experiment, explored probation officer bias as an explanation for these findings, and found that training increased officers’ ratings of scores in some LS/CMI domains and decreased ratings in others. Most importantly, there was no evidence that officers demonstrated racial bias in administering the LS/CMI survey when scoring Black versus White target clients.

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