The Court of Appeals said that the
probation officer lacked authority to modify the terms set by the sentencing judge and that Hall abused her discretion in revoking Massey's suspended sentence.
Coria Holland, a spokesman for the commissioner of probation, said the cooperative program between
probation officers and Worcester police is the only one of its kind in the state.
Probation Officer may well have drawn, for dramatic purposes, on its advisers' memories of an earlier era, when
probation officers did "start the day by doing the rounds of local factories and building sites, often with the probationer, in an attempt to place people in work" (idem), but in language and spirit it was consistent with the emerging penal zeitgeist, as expressed by the Government White Paper Penal Practice in a Changing Society (Home Office 1960) which sought to embed rehabilitation as the principle above all others in criminal justice.
Section II.B discusses the applicability of the "adjunct" theory developed in those cases, ultimately concluding that the delegation of the "treatment program" decision to a
probation officer is impermissible if the decision is considered a "judicial act."
"Federal
Probation Officers are entrusted and empowered by law to serve others," said U.S.
Probation officers deal with more clients than ever on a community basis to try to rehabilitate and re-equip offenders to live normal lives.
At the end of the week, each client must turn in his or her work card to the assigned
probation officer.
A department regulation permits a
probation officer to search a probationer's home whenever a supervisor approves and there are "reasonable grounds" to believe contraband is present.
(20) The overwhelming majority of delinquency cases were generated by the police, according to chief
probation officer Joel Hunter, because "the natural place for a citizen to complain when an offense has been committed is the nearest police station." (21)
Another part of the
probation officer's job involves working in the courts.
When Jonathan took his mom's car again, in June 1999, she turned him in once more, and he was arrested on several probation violations, including failing to keep appointments, curfew violations, positive drug screens, and not doing his community service, according to court testimony from his
probation officer, Chris Cagle.
If you risk legal trouble every time you disagree with a social worker or
probation officer on the feasibility of a particular placement, there's nothing to stop you from joining the majority of companies that don't actively fish in this particular pool.
