CHAPTER 2

PROBATION

Probation

• the Latin verb “probare” which mean to prove or to test.

• coined by John Augustus
• The law defined probation as a disposition
Basic Precepts and Concepts on Probation

• As a system of instruction
• Suspended Imposition of Sentence
• Provision for Individualize Treatment Program
Predecessors of Probation

• Money Compensation- which is a precursor of our use of fines and restitution today, introduced by the Laws of
Babylon, Greece and Rome.
• . Cities of Refuge- sanctuaries where the accused was safe pending an investigation of his criminal responsibility,
introduced by the Jewish law
• Benefit of the Clergy- seems to be the earliest device for softening brutal severity Of punishment. Dating back to
reign of Henry Il in the 13 century.
• Judicial Reprieve a temporary withholding of sentence, practiced by the English Court in the early 17th century,
where they grant reprieves to prisoner Under sentence of death on condition that they accept
deportation/transportation
• Banishment – any description of the treatment of crime in England must include the system of transportation to her
colonies, which grew from the ancient practice of banishment and flourished for more than 200 years as a principal
method of disposing of offenders.
• Recognizance the direct ancestor of probation, means “binding over for good behavior.” An ancient practice
developed also in England in the 14th century, originated as a measure of preventive justice, involving an obligation
or promise sworn to under court order by a person not yet convicted.
Evolution of Probation
Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious nature during
the Middle Ages. Sentences such a branding, flogging, mutilation, and execution were common. During the time of King
Henry VIII, for instance, no less than 200 crimes were punishable by death many of which were minor offenses
This harshness eventually led to discontent in certain progressive segments of English society that were concerned with
the evolution of the justice system Slowly but resolutely, in an effort to mitigate these inhumane punishments. Variety of
measures were devised and adopted. Royal pardons could be purchased by the accused; activist judges could refrain from
applying statuses or opt for lenient interpretation of them, stolen property could be devalued by the court that offenders
could be charged with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve, sanctuary, and aleyuration
offered offenders a degree of protection from the enactment of harsh sentences.
To the United States, particularly in Massachusetts, different practices were being developed. “Security for good behavior”
also known as “good aberrance,” was much like modern bail the accused paid a fer as collateral for good behavior Filing
was also practiced in cases that did not demand an immediate sentence Using this procedure, indictments were “laid on
file” or held in abeyance To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon
minor technicalities or errors in the proceedings. Although these American practices were precursors to probation, it is the
early use of recognizance and suspended sentence that are directly related to modem probation
Pioneers in the field of Probation
Two main individuals closely associated for the establishment of Probation
1. Matthew Davenport Hill, an 18th-century English barrister and judge, and
2. John Augustus, a 19th-century Boston boot-maker.

Matthew Davenport Hill (1792-1872) Father of Probation in England

• English lawyer and penologist
• Born on the 6th of August 1792, at Birmingham
• As a young professional in England. Hill had witnessed the sentencing of youthful offenders to one-day terms, on
the condition that they will be returned to a parent or guardian who would closely supervise them.
• When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals
who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in
the hands of generous guardians who willingly took charge of them.
• Hill had police officers pay periodic visits to these guardians in an effort to track the offender’s progress and keep a
running account.

John Augustus (1785-1859) Father of Probation

• Augustus was born in Woburn, Massachusetts in 1785.
• Recognized as the first true probation officer By 1829, he was a permanent resident of Boston and the owner of a
successful Boot-making business.
• It was undoubtedly his membership in the Washington Total Abstinence Society that led him to the Boston courts
Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol could be
rehabilitated through understanding, kindness, and sustained moral suasion Rather than through conviction and jail
sentences
 Other Important Persons and Events in the History of Probation

Governor Alexander H. Rice (1818-1895) 30th Governor of Massachusetts

Gov. Alexander H. Rice signed the first probation law that was passed by the legislature of Massachusetts on April
26, 1878. The law provided for the appointment and prescribed the duties of a salaried probation officer for the
courts of Suffolk Country

• Edward H. Savage – an ex-chief of Police Boston named as the first probation officer.
• Gardner Tufts (1880)- Director of Massachusetts Board of State Charities and Corrections, reported in an address
that the result of probation in cases of juvenile offenders proved so decisively good that the legislature authorize
the City of Boston to appoint a probation officer for adults at the session of the legislature of the present year, a
statute was enacted permitting the appointment of a probation officer for adult offenders in every city and town in
the state.
History of Probation in the Philippines

• Probation was first introduced in the Philippines during the American colonial period (1898-1945) with the enactment
of Act No. 4221 of the Philipp Legislature on August 7, 1935. This law created a Probation Office de the
Department of Justice.
• On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of song defects in the laws of procedural framework.

Teodulo Natividad
Father of Probation in the Philippines
• In 1972, House Bill No. 393 was filed in Congress by Congressman Teodulo Natividad (considered as the father of
Probation in the Philippines) of Bulacan which would establish a probation system in the Philippines. This bill
avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional The bill was
passed by the House of Representatives, but was pending in the Senate when Martial Law was declared and
Congress was abolished.
• In 1975, after 18 technical hearings over a period of six months, the draft decree was presented to a selected group
of 369 jurists, penologists, civic leaders an social and behavioral scientists and practitioners sponsored by the
National Police Commission and University of the Philippines Law Center. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country

Ferdinand E. Marcos (1917-1989)

• On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law
by the late President Ferdinand E. Marcos.
• The start-up of the probation system in 1976-1977 was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods and procedures, administrative and procedural manuals
were developed; probation officers recruited and trained, and the central agency and probation field offices
organized throughout the country. Fifteen selected probation officers were sent to United States for orientation and
training in probation administration. Upon their return, they were assigned to be trainers for the newly recruited
probation officers.
• The probation system started to operate on January 3, 1978. As more probation officers were recruited and trained,
more field offices were opened.

Calvin Coolidge (1872-1933) 30th U.S. President

• Calvin Coolidge – United States of America President who signed the Federal Probation Act which is effective on
March 4, 1925

John Marshall (1801-1835) US Chief Justice

• John Marshall-United States Chief Justice who used his discretion in modifying the prescribed penalties and
gradually developed more humane methods of dealing with violators of law.