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America's probation system

2019-01-15 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- America's probation system,供大家参考学习,这篇论文讨论了美国的缓刑制度。英美法系的成文缓刑制度最早出现在1878年。这一年,美国马萨诸塞州议会通过了美国历史上第一部缓刑法规,它授权波士顿市市长雇佣缓刑官开展小规模的缓刑计划,授权波士顿警察局局长负责管理被雇佣的缓刑官,这是世界上第一个缓刑立法。一种体现目的刑、教育刑的思想,并富有激励犯人改过自新的促进机能的全新意义的缓刑制度便逐步形成并在世界各国推行开来。

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John augustus is referred to as the "father" of probation. He is famous for attend a religious temperance movement, he often with Benjamin cook and others to Boston city court for those who are charged public drinking and with other slight crime person to offer help. One day in August 1841, while sitting in court, augustus discovered an alcoholic about to be sent to the Boston correctional facility. To help the alcoholic, augustus spoke to the man. He sincerely and firmly offered that if augustus would be excused from sending him to correction, he would stop drinking. Impressed, augustus promised to bail the alcoholic and pay all court costs. Three weeks later, augustus brought home the first "probation offender" in American history and presented the judge with a detailed report on his actions while on probation. The judge was so impressed by the man's changes that he was sentenced to a fine of $3.76 and a six-month stay of imprisonment instead of jail time at the correctional facility. During augustus' lifetime, he supervised more than 1,900 probation offenders, only one of whom broke probation rules. His probation practice was of epoch-making significance to the emergence and formation of the probation system, which eventually led to the birth of the probation system in the modern sense -- Boston probation law, which was first applied in 1878.

Written probation system of common law system first appeared in 1878. That year, the Massachusetts legislature passed the first probation law in U.S. history. It authorized the mayor of Boston to hire probation officers to run a small probation program. This is the world's first probation legislation.

From the revolutionary war to the end of the 19th century, the legal system with unique American characteristics gradually took shape. In the aspect of criminal law, the United States inherited some new systems on the basis of English common law. With the abolition of corporal punishment and the strict restriction of death penalty, freedom penalty has become the focus of social attention, thus bringing about a revolution of non-imprisonment penalty. At that time, the prison management mode with solitary confinement, hard labor, strict discipline, autocratic management and complete silence as the main contents did not achieve the purpose of making criminals repent and not commit crimes. At the same time, the special prevention thought that the criminal decides the different punishment way by his own characteristics began to appear. This has led to a new round of penal reform, with reprieve, reprieve, uncertainty and parole.

Probation is first used in judicial practice before it is formally established as a written legal system. The most famous figure in this activity was John Augustus, a shoemaker from Boston. By granting bail to Boston's alcoholics, beggars, prostitutes and other criminals, he allowed the courts to delay sentencing and put them in his custody. After the prescribed period of bail expires, the judge will no longer issue a criminal sentence to the offender as long as the offender provides evidence that he has reformed. This is the early judicial practice of probation.

1878 the Boston criminal court in Massachusetts confirmed the probation officer system, the first probation law. The probation law initially applied only to juvenile offenders. Later laws extended the system to the entire state of Massachusetts and extended probation to ordinary prisoners. Between 1897 and 1900, Missouri, vermont, Rhode Island and New Jersey enacted probation laws, and Illinois and Minnesota instituted probation for minors. 1901 New York enacted the state's first probation legislation. In 1910, the federal government passed the probation act for federal prison inmates.

In the meantime, in August 1889, the international criminal law conference was held in Brussels, Belgium, and it was officially confirmed that probation could be applied to all crimes. Since then, probation has gradually become an important way of punishment in the world's criminal law.

In the United States, probation is one of the community correction methods, also known as community treatment, which is a punishment imposed by the court for the defendant who is admitted guilty in the lawsuit transaction or is found guilty through the court trial. Offenders on probation are usually confined to a community supervised by a probation service, rather than sent to jail.

In addition, the United States from the 1960s in some states as a system of criminal proceedings developed pre-trial inspection supervision, similar to Belgium first implemented the "reprieve" system. This practice is more thorough than probation supervision and conditional release. The decision of supervision in pre-trial investigation is made by the public prosecutor under the condition that the defendant is found guilty.

The judicial procedure of probation judgment in the United States includes three basic stages: the first stage is the probation sentence of the criminal doer determined by the judge; the second phase is supervised and provided by probation officers. The third stage is the end of the execution of probation.

About the scope of probation, some judicial districts have clear provisions, some judicial districts have no clear provisions. In general, however, it applies to less serious crimes and to perpetrators of crimes which, while reoffending, are less dangerous. On probation conditions, in principle by the court on the merits of discretion decision.

At the end of the 19th century and the beginning of the 20th century, the criminal social school, with Frantz von Liszt as the main representative, put forward the proposition of educational punishment in view of the gradual loss of the role of bourgeois punishment and prison in restraining crimes. They also actively advocate the principle of individualization of punishment. This innovation of people's understanding of the purpose of punishment has laid a positive theoretical foundation for the development of contemporary probation system. People no longer regard probation only as a substitute for short-term freedom penalty, but also as an important means to implement and achieve the purpose of the penalty. The renewal of the meaning of probation is reflected in the application conditions of probation. People no longer pay one-sided attention to its formal elements, but emphasize its essential elements, that is, the personal danger of criminals and the possibility of re-adapting to society. In this way, a new meaning of probation system, which embodies the idea of goal penalty and education penalty and is rich in motivating prisoners to reform and improve their functions, has been gradually formed and implemented in various countries around the world.

At the end of the 19th century, the American penalty reform represented by probation was undoubtedly of great historical significance. Especially after the model penal code was promulgated in 1960, the probation system was further improved. Probation workers are becoming more professional and different probation workers are arranged for different probation objects. Specialized probation agencies are also improving, and most state adult probation agencies and juvenile probation agencies are also separate, making the application and implementation of probation quite humane. In short, as an important way of community correction outside prison, probation has become the most widely used type of punishment in the United States, and the implementation of probation has also become the most important part of the American criminal justice system.

The probation system in China's criminal law was first stipulated in the great fresh criminal law promulgated by the qing government in 1910. From the perspective of specific content, the "great and fresh criminal law" directly refers to the criminal codes of Japan, Germany and other western countries at that time, with more detailed provisions on probation. Article 63 to article 65 of chapter 12 of the code stipulates the object of probation, the conditions of probation, the conditions of revocation of probation and the probation period of probation. It is a little regrettable that the qing dynasty collapsed just one year after the promulgation of the great fresh criminal law, and this criminal code with a modern flavor fell into the dust of history before it could be tested by practice.

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