Probation is the most common form of criminal sentencing in the United States. Probation is define as a court – ordered- deposition alternative in which an offender is placed under the control, supervision and care By a P.O officer. Do I think it’s fair for a defendant to plead guilty and take probation to avoid imprisonment? I think it depends on the seriousness of the crime and what the charges are. A person can’t plead guilty of a crime unless it is offered by a prosecutor, and there is usually a reason why it is offered. If one is really innocent of a crime I don’t see the reason why they would agree to plead guilty and take probation. Pleading guilty and taking probation is a good and bad idea at the same time because what if a person who is being convicted of a crime is really innocent, but yet has no choice but to plead guilty just so they can skip the incarceration and lessen their sentence.
I think it’s unfair only when coming to someone who in fact did do the crime but yet was given the chance of pleading guilty and taking probation to avoid prison sentence. I think it is unfair to the victim’s family because for example a man kills a mother and child but yet he was given the chance to plead guilty just so he can have a lesser time, it is unfair to the victim’s family because sweet justice did not prevail. I think that probation is a win or lose situation because when a person violate their probation they can be sent to jail to serve the rest of their time. When one is granted probation there are many rules that they have to follow one of these rules is to not commit any crime while they are on probation, if this rule is not satisfied by the offender they will be sent to jail and also be charge for the newer offense which they will get additional years.
The various factors that should be consider when granting probation is the offender criminal history. A person with no criminal history has a way better chance of been given the chance to plead guilty and take probation than someone who has a far worst criminal history. The judge also considers the nature of the current offense. For example a person convicted of chopping a person feet off is less likely to obtain probation than a person who was driving while intoxicated and no accident was caused. Another thing to be considered is whether probation is particular in that particular case, and whether the service that the offender requires will be acquired while incarcerated or under probation and will they be harm to the community.
There are many crimes in New York City where probation is given like substance abuse; Arson, robbery, harassment, criminal mischief, and many more crimes which are considered misdemeanor. I think that imprisonment should be considered for all of these except substance abused only when it is being abused by the offender instead of selling the drug itself. If the offender sells the drug I think he falls under the category of imprisonment. All these offenses can lead to a more serious crime. People who commit these crimes should spend some months behind bars so they can learn a valued lesson instead of getting a slap on the risk by being able to plead guilty and be given probation. Everyone deserve a chance to change but only if they are innocent or a juvenile, for adults I think they should not be given probation or to plead guilty to crimes that they did actually commit.