Probation Case Study

Probation is an alternative to the traditional forms of punishment that a court can impose, and is influenced by the background of the offender (Klingele 2013,1022). The origin of probation can be traced back to the actions of Matthew Davenport Hill, Frederick Rainer, and John Augustus. Although their contributions are similar, each contribution was significant in creating the basis for probation.

In Britain, the first documented development of probation occurred from the actions of the Warwickshire magistrate. The Warwickshire magistrate enacted legislation in the 1820’s that allowed for certain minors to be released to a guardian as an alternative means to imprisonment (Harris 2005, 32; Vanstone 2004, 35). However, it was the actions of

2009, 212, Klingele 2013, 1023). Instead, Augustus believed that for an offender to be successfully rehabilitated, they would need to be exposed to a more understanding environment and would need to possess certain characteristics. To demonstrate his theory, Augustus was granted permission by the Boston Police Court to supervise a man that was charged with a drinking offence (Springer et al. 2009, 211). After a period of time, the man returned to court, and announced his rehabilitation. The court acknowledged the change, and gave the man a nominal fine instead of a prison sentence (Klingele 2013,

The criticism and amendments to the original ticket-of-leave system by Alexander Maconochie, a superintendent of the Norfolk Island penal colony, contributed to the creation of the modern form of parole.

Prior to Maconochie’s arrival to the penal colony, he was given orders to report on whether the current ticket-of-leave system which had been implemented a few years’ prior, was successful (SOURCE). At the time, the ticket-of-leave system allowed convicts the opportunity to be excused from partaking in work for an indeterminate period of time (Doherty 2013, 965). To be eligible, the convict had to have completed a certain amount of their sentence and displayed perfect behaviour. However, the ticket-of-leave had strict conditions that a convict had to abide by, and if they did not comply, the ticket would be revoked and the convict would be forced to return to government work (Macononchie 1839, 2; Doherty 2013, 967). Maconochie soon criticised the framework of the system as the conditions humiliated the convicts, and offered no genuine opportunities for rehabilitation (Doherty 2013,