History Appendix L: Statement of Principles 1974
A STATEMENT OF PRINCIPLES BY THE FEDERAL PROBATION OFFICERS ASSOCIATION 1974
A critical issue in today's society is what should be done about the ever-increasing spiral of crime. The public awareness seems to have been governed in the past by a kind of time lock that opens only when prison riots occur or when heinous crimes of major-proportion arouse the nation. At such times, commissions and study groups have been organized to find solutions to the problems. The commissions date back to the 1870's when the American Prison Society made recommendations and stated principles in an attempt to improve corrections. We have yet to achieve those stated principles and goals of the 1870's. Other such bodies have been formed, such as the Wickersham Commission of the 1930's, the Joint Commission on Manpower and Training in 1966, the President's Commission on Law Enforcement in 1967, and the National Conference on Corrections in 1971. All of these studies have identified many problems common to the criminal justice process only to see little, if any, change occur. One of the primary reasons our correctional process has failed in the past is that most people have just not been concerned. With the riots that occurred at Attica and the high rate of recidivism that is receiving continued publicity, the public again seems to have an increasing awareness of the correctional process and has made strong demands for a more meaningful way to protect the community and still rehabilitate the offender. This has brought about a re-evaluation by the public wherein the proprieties of the criminal justice system show that Probation compares most favorably with the other alternatives. Probation is a meaningful correctional program. In the past, Probation has been considered a grant of forgiveness or an act of leniency. It is neither of these, but is a well-regulated process of reform. SENTENCING CRITICAL Standards for Probation and Presentence services for the Court should define the social problem to be met, identify the skills needed, establish education and experience minimums as well as prescribe the basic personality characteristics essential to fulfill the responsibility with a high degree of expertise because both are localized, community-based, people-to-people type tasks: Standards should recognize the inherent cultural and traditional influences and needs of a given community; they should provide for an acceptable degree of both responsiveness and accountability to the citizens. Any set of standards should proclaim the sentence as a critical decision in the criminal justice process, second only in importance to the determination of innocence or guilt. Presentence services and Probation are closely related judicial functions requiring similar professional skills. Standards relating thereto should promote a cohesiveness and an adequate degree of accountability. There can be no rational reason for fracturing or disjointing these responsibilities. Additionally, any set of goals should have as their primary aim that of diverting offenders from the criminal process back into the mainstream of life at the earliest possible time consistent with the public safety. In the development of a highly professional community correctional branch of a model criminal justice system, the following recommendations are made for consideration: 1. The system should be organized so that it will maintain close identification with the unique community characteristics of the communities in which it delivers services. A. Selection of indigenous personnel B. Low mobility profile 2. The system should be organized in such a manner that it attracts the most highly qualified, mature and responsible personnel available. A. Avoid 'staff frustrations' of bureaucratic structure B. Allow highest possible level of professional autonomy 1. System structure for unity and common sense of purpose 2. Autonomy commensurate with professional competence and responsibility 3. The system should be attractive to the finest graduates of those schools of higher learning which offer insights into the relationships between individuals and social order. A. Theoretical 1. Criminology 2. Psychology 3. Sociology
B. Applied 1. Social Work 2. Corrections 3. Administration of Justice 4. Public Administration 4. The system should be organized so that community services are administered and applied from within the Judicial Branch of Government. A. Probation and Parole are, in large measure, judicial in nature, overseeing the relationship between individuals with individual strengths and weaknesses, and the behavior demands of a social community. 1. Probation functions that are judicial Presentence functions Supervision functions - Social ombudsman in regards to individual needs and social demands Revocation functions 2. Parole functions that are judicial Parole hearings and decisions Supervision function - social ombudsman Revocation functions One of the reasons that corrections has received serious attention from the great thinkers as well as from the general population throughout history is that there is no other topic that focuses quite as sharply upon that very important relationship between the individual and the community; between the individual freedoms and the need for a social order. There is a continuing growth in the use of community based treatment programs. Probation, as one of the processes in the criminal justice system, has long advocated this action; however, as the public trust grows in the use of Probation, the support that is given will convey a responsibility to the Courts to justify that trust. Proposed goals and standards must no longer be offered only as recommendation. Each of the study commissions of the past have made recommendations that gained full support from all phases of corrections, only to see them cast aside and never implemented. The federal Government must promote goals and standards and provide ways and means of implementing them. The National Advisory Commission on Criminal Justice Standards and Goals has made recommendations and suggested specific actions which we believe will result in institutional and community environments more conducive to resocialization.[i]
[i] There is no Section B to follow A.
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