Forerunners of Probation:

1. Benefit of the Clergy

This originated in a compromise with the Church which had maintainedthat a member of the clergy brought to trial
in a King’s Court might beclaimed from that jurisdiction by the bishop or chaplain representing him,on the ground
that he, the prisoner was subject to the authority of theecclesiastical courts only.

2. Judicial Reprieve

This is a temporary withholding of sentence, either before of after judgment; as, where the judge is not satisfied
with the verdict, or theevidence is suspicious, or the indictment is insufficient, or he is doubtfulwhether the offense
be within the clergy; or sometimes it be a smallfelony, or any favorable circumstances appear in the criminal’s
character.

3. Recognizance (binding over for good behavior)

It originated as a measure of preventive justice, involving an obligationor promise, sworn to under court order by a
person not yet convicted butthought likely from the information before the court to commit a crime,that he would
“keep the peace” and “ be of good behavior”.

4. Transportation

This was chiefly of ridding the country of criminals, it later develop as a plan for supplying new colonies with cheap
labor. It was also an attemptto substitute for brutal punishment at home an opportunity for rehabilitation in a new
country.

Personalities in the History of Probation

1.John Augustus – “Father of Probation”

2.Matthew Davenport Hill – is considered as the “father” of probation inEngland.

3.Teodolo Natividad – “Father of Philippine probation”

Act No 4221 – The first Probation of the Philippines –The Supreme Court declared this Act unconstitutional on
November 16, 1937.

Forerunners of Probation:

a)    Benefits of Clergy (13th century)

- a compromise between the church and the King, wherein any member of the clergy brought to trial in the
king’s court shall be claimed from that jurisdiction by the bishop or chaplain representing him and placed under the
authority of the ecclesiastical court.

b)    Judicial Reprieve (Early in the 17th century)

- temporary suspension of the execution of sentence by the judge either before or after judgment. English
courts began to grant reprieves to prisoners under sentence of death on condition that they accept deportation to
American settlements.

c)    Recognizance or “binding over for good behavior”

- this is the direct ancestor of probation.

- obligation or promise under oath that the accused must “keep the peace” and “be of good behavior”.

-          applied to any felony which are not capital in nature.

d)    Transportation

-          sending or putting away of an offender to another colony.

-          substitute for brutal punishment and an opportunity for rehabilitation in a new country.

Matthew Davenport Hill

-          considered the “father” of probation in England.

Massachusetts

-          the first State where the first practical demonstration of probation, the first use of the term as a court service
and the enactment of the first probation law occurred.

John Augustus

-         first volunteer probation who in 1841 secured the release of a drunkard at Boston court by acting as surety.

-         Father of Probation

-         Father of American Probation

History of Probation

Probation - From the Latin verb "probare" - to prove, to test. A term coined by John Augustus.

Origin of Probation

The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed
on adults and children alike for offenses that were not always of a serious nature. Sentences such as 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,
a variety of measures were devised and adopted. Royal pardons could be purchased by the accused; activist judges
could refrain from applying statutes or opt for a lenient interpretation of them; stolen property could be devalued by
the court so that offenders could be charged with a lesser crime. Also, methods such as benefit of clergy, judicial
reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of temporary release during
which offenders could take measures to secure pardons or lesser sentences. Controversially, certain courts began
suspending sentences.

In 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 fee 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 modern probation.

Modern Probation

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-day terms on the
condition that they 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, the "Father of Probation," is recognized as the first true probation officer. Augustus was born in
Woburn, Massachusetts in 1785. 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.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer. The offender
was ordered to appear in court three weeks later for sentencing. He returned to court a sober man, accompanied by
Augustus. To the astonishment of all in attendance, his appearance and demeanor had dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped by Augustus
were alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was paid to
evaluating whether or not a candidate would likely prove to be a successful subject for probation. The offender's
character, age, and the people, places, and things apt to influence him or her were all considered.

Augustus was subsequently credited with founding the investigations process, one of three main concepts of modern
probation, the other two being intake and supervision. Augustus, who kept detailed notes on his activities, was also
the first to apply the term "probation" to his method of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this number forfeited
their bond, a remarkable accomplishment when measured against any standard. His reformer's zeal and dogged
persistence won him the opposition of certain segments of Boston society as well as the devotion and aid of many
Boston philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly after this
death in 1859, was widely attributed to his efforts.

Following the passage of that first statute, probation spread gradually throughout the United States. The juvenile
court movement contributed greatly to the development of probation as a legally-recognized method of dealing with
offenders. The first juvenile court was established in Chicago in 1899. Formalization of the intake process is
credited to the founders of the Illinois juvenile court. Soon after, 30 states introduced probation as a part of the
juvenile court procedure. Today, all states offer both juvenile and adult probation.

Matthew Davenport Hill 

-          Father of Probation in England