Probationis a jail sentence which lets a person convicted of a crime to stayin the society but he or she has to remain under probation’sofficer supervision. Before a judge decides whether the convict canstill stay in the society as he or she pays for his or herinfraction, he should consider various rudiments.
Otherthan the statutory provisions, the factors which are supposed to beconsidered before granting probation to a convicted person includethe rehabilitation potential and the age of the defendant, how thedefendant relates with his or her family members, whether there isany proof of deviant behavior portrayed by the defendant such as sexcrimes or substance abuse, the society’s attitude towards theparticular defendant and the crime he or she committed, and thecriminal record of the defendant. It is also important to checkwhether the defendant has been involved in violence crimes,professional criminality and organized crime before. Other elementsthat the judge should consider is whether the attitude of thedefendant towards the crime he or she committed show that he or shegenuinely regrets doing it, whether the defendant has a stableemployment and family life to come back to, or whether the defendantwas promised probation as restitution (Abadinsky, 2012).
Inconclusion, before placing the convicted person on probation, thejudge should have the probation officer researching the defendant’sbackground. This will enable the judge to known the impact of havingthe convicted person in the society especially to the victims of thecrime which the defendant committed. Considering the above mentionedfactors ensures the safety of both the defendant and the victims ofthe crime, while still the defendant pays for violating the law(John, 2012).
Abadinsky,H. (2012). Probationand parole: Theory and practice(11th ed.). Upper Saddle River, NJ: Prentice Hall
John,D. (2012). ProbationPractice and the New Penology:Practitioner, England: Ashgate Publishing, Ltd.