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J09 Juvenile Justice Assignment Help

What is a probation officer? Who appoints them? What are their main duties?

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Introduction

The main purpose of the paper is to provide a deep understanding of the probation officer. It will describe the primary duties of the probation officer and the process of appointment of him. Probation Officer is the person who provides supervision to the offender who has done the crime.

Probation Officer

A probation officer is a person or individual who monitors and supervise the offenders to prevent them from committing new crimes (Leiber, Beaudry-Cyr, Peck & Mack, 2018). A probation officer can be defined as an officer of the court whose duty is to visit the person who has been punished for completing a period of supervised trial (Mair, 2016). He or she is mainly considered as the supervisor of the offender, and his or her role is complex within the legal system. When an individual found guilty of a crime, he is sentenced to probation instead of jail time. At that time, the person requires someone who will make him stay out of all trouble and thus, the individual who supervised the criminal came to be known as a probation officer.

A probation officer is also known as community supervision officer who supervises persons placed on probation. The officer performs his work to ensure that the delinquent is safe for the society as well as to provide support in rehabilitation (Leiber, Peck & Beaudry-Cyr, 2016). He writes a report that contains all the relevant information about the treatment plans and the progress of the offender. He or she may work with both adult and juvenile. A probation officer is also called a social worker or court officer for supervising offenders and released prisoners in the society.

Appointment of Probation Officer

The Probation Officer is appointed by the State Governmentor the District Magistrate of the country within the jurisdiction under section 13 of the Probation of Offenders Act, 1958 (Rhineberger-Dunn & Mack, 2018).Under section 13 of the act, a probation officer shall be -

- The person being appointed or recognized as a probation officer by the state government

- An individual provided to supervise the offender considered by the state government

- Any other individual as per the opinion of the court who fit to act as a probation officer in the special situation of an exceptional case

- Under section 4, an order passes by the court in which the delinquent for specific time resides, at any time the district magistrate of court appoint any person as a probation officer in place of selected person for supervision (Robinson, 2017)

- Under the mentioned act, a person appoints as a probation officer shall be subject to the control of the district magistrate
Under the A.S.C.A. & 46.2201, the probation officer shall be -

- One or more appropriate person may be appointed as a probation officer by the chief justice of the high court of America under the jurisdiction of A.S.C.A. (Vidal & Woolard, 2016)

- The existing employees of the court may be appointed as probation officer by the chief justice for both full and part-time compensation

- The appointment of the officer should be in writing and recorded by the court

Moreover, the person must be a citizen of the country and possess a good moral character. He must be less than 37 years of age for being selected as a probation officer. He should also have a college degree as well as relevant training.

Main Duties of Probation Officer

The probation officer has to perform essential duties under the Probation of Offenders Act, 1958. The important duties of the probation officer are as follows -

Investigation, as well as surveillance-A probation officer, has to investigate or inquiry the entire life history of the offender to secure information about his or her failure and success (Ansbro, 2017). An appropriate investigation would allow imposing restrictions on the liberty of the offender if he failed to respond positively to the whole process of investigation. A psychological approach would be taken by the officer to gather more information from the delinquent about his history. Surveillance is the duty of the police, but in this case, the help, as well as support of probation officer, seems to be useful.

Supervision and counselling -It is impossible or impracticable to maintain consistent surveillance over the activities of the probation officer. Consequently, supervision is possible only through intermittent contacts and field-visits. The Probation Officer must familiarize himself with the issues that are possible to hinder reformation of delinquent in the society and propose measures to overcome those issues.The probation officer has to supervise the offender and provide counselling to him consistently.He should not make the delinquent feel that he is under continuous supervision.

Cooperation with the court - Another significant duty of the probation officer is to act as a cooperation between the court and probation. In this case, to safeguard the interest of the probationer is the main duty of the officer. The probation officer can make an application to the court for changing the situation of the order of probation.

Decision-making - While making decisions, it is necessary for the probation officer to keep in mind that his decisions should not only influence the freedom of the offender but also affect the safety of the society as the decisions seem to be of great importance (Haqanee, Peterson-Badali & Skilling, 2015). Hence, the decisions must be exercised with extreme watch and attention.

Submit a pre-sentence report-It is the major duty of the probation officer to submit a pre-sentence report to the court as per section 7 of the Probation of Offenders Act, 1958 (Johansen, 2018). The report consists of essential information regarding the proposed release of the offender on probation. Based on the report, the judge or the magistrate will pass an order of release of the delinquent on probation of good conduct.The pre-sentence report must involve factual and true information about the personality, character, family, educational background and past experiences of the delinquent (King, Burke & Dalmage, 2018). Submission of the pre-sentence report about the delinquent is considered to be one of the significant duty of the Probation Officer.

Moreover, the probation officer has the duty to meet the client or the individual monthly or weekly or daily. He or she will evaluate the level of supervision that need to be offered to the client based on assessment needs. The level can be minimum, medium and maximum, which is required for the person. The risk assessment will help the probation officer in determining the exact support or supervision that a delinquent requires. The probation officer may use advanced technologies such as electronic devices, drug screening tests or kiosks to properly supervise as well as counsel the client. He must conduct meetings with the delinquent as well as his family, friends or relatives. Furthermore, the routine task of the officer is to prepare, update and maintain each document related to the cases that contain all essential information.

Conclusion

Finally, the probation officer is the person employed by the state government or the district court for supervising the delinquent. His main duty is to investigate the history of the offender and formulate a report to submit to the court for giving all relevant information. He is mainly appointed to monitor the activities of the criminal offender.

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