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BRIEN MCMAHON, Chairman, Assistant Attorney General
JAMES V. BENNETT, Director, Bureau of Prisons

GORDON DEAN, Special Executive Assistant to the Attorney Genera

WAYNE L. MORSE, Editor in chief

IVAR PETERSON, Associate Editor
ELIZABETH PETERSON, Associate Editor
WILLIAM HURWITZ, Statistical Editor

(II)

For sale by the Superintendent of Documents, Washington, D. C., Price f

TABLE OF CONTENTS

Page

Definitions and Distinctions-Common Law Sources-Statu-
tory Power to Suspend Sentence-Early Devices to Alleviate
Punishment in Massachusetts-Enactment of First Probation
Statutes in Massachusetts and Other New England States-
Further Adoption of Probation Statutes-Extent of Probation.

CHAPTER II. ORGANIZATION OF PROBATION DepartmENTS_ .

Introduction-Centralized State Probation Organization—

Centralized County Organizations-Metropolitan and Large
Urban Organizations-Smaller Urban and Rural Organizations-
Federal Probation Organizations-Summary.

CHAPTER III. PROBATION PERSONNEL_

Introduction-Standards for Probation Service-Existing

Qualification Requirements-Methods of Selection and Dis-
charge "In-Service” Training of Personnel-Summary.

CHAPTER IV. THE SELECTIVE PROCESS-ELIGIBILITY FOR PRO-

Importance of Investigation for Probation-Statutory Provi-
sions for Investigation-Factors Influencing Investigative Pro-
cedure-Scope and Methods of the Investigation for Proba-
tion-Summary.

CHAPTER VI. THE SELECTIVE PROCESS-INVESTIGATION PRAC-

Need for Adequate Probation Information-Summary of Pro-
bation Investigative Practices in Selected State Probation
Units-Investigative Service in Some Well Known Probation
Departments-Pre-Sentence Investigation in the Federal Pro-
bation System-Summary.

CHAPTER VII. THE CONTROL OF PROBATIONERS-CONDITIONS

OF RELEASE__.

The Power to Prescribe Conditions-Nature of Power-Types
of Terms and Conditions-Costs, Bonds, Fines, Restitution,
Support, Fees for Probation Service-Intoxicants-Disreputable
Persons and Places-Late Hours-Employment-Indebtedness
and Unnecessary Expenditures-Medical Care-Law Observ-
ance-Reports and

Visits-Identification-Imprisonment-

Conditions in Special Cases-Summary.

CHAPTER VIII. SUPERVISION OF ADULT PROBATIONERS.

Introduction-The Supervising Agency-The Supervising

Process-Factors Influencing Adequacy of Supervision-Out-of-
State Supervision-Summary and Conclusions.

CHAPTER IX. REVOCATION AND TERMINATION OF PROBATION_

Revocation Procedure-Frequency of Revocation-Termina-

tion and Discharge-The Legal Status of Probationers.

CHAPTER X. SOME FACTORS ASSOCIATED WITH OUTCOME ON

PROBATION...........

Introduction-Race and Nativity-Age-Marital Status-
Recidivism-Nature of Offense Committed-Steadiness of Em-
ployment-Conclusions.

CHAPTER XI. JUDGES AND PROBATION...

Method of Collecting Judges' Views-Educational Back-

ground-Political Influences-Factors Influencing Sentences-
Leniency Factors--Severity Factors-Pleas and Sentencing
Practices-Judges and Indeterminate Sentences-Judges' Views
of Primary Objectives of Criminal Law-Judges' Attitude
Toward Probation-Summary.

History and Development of Probation-Organization of

Probation Departments-Probation Personnel-Eligibility for
Probation-Law and Theory of Probation Investigation-
Investigation Practices-The Control of Probationers: Condi-
tions of Release-Supervision of Adult Probationers-Revoca-
tion and Termination of Probation-Some Factors Associated
with Outcome on Probation-Judges and Probation-Conclu-
sion.

Page

FOREWORD

Three years ago at my direction there was commenced a research project known as the Attorney General's Survey of Release Procedures. The undertaking was financed by a substantial grant of funds by the Works Progress Administration; but the professional direction of the project was made the responsibility of the Attorney General and a staff of persons designated by him. In spite of many difficulties, some foreseen and others unforeseen, the Survey, subject to certain necessary limitations, has been completed. It is my pleasure to present to the public these five volumes of source material dealing with the various methods for the release of persons who have been convicted of crime.

There were suggestions at the outset that the Survey be limited to a probe of the subject of parole. If it had been so limited I would not have been interested. My fundamental purpose was to secure a broad view of the whole field of release procedures, including probation, parole, pardon, and other forms of release both from penal institutions and through the courts. No such study had theretofore been undertaken.

There is in the United States no uniform system of probation or parole or pardon. Widely varying methods of administering these procedures prevail in the various jurisdictions, State and Federal. Very little is known about them. The study was instituted in a spirit of experimentation. It does not purport to furnish the answers to all of the questions which arise in this broad field. These five volumes do, however, furnish valuable source materials which lay the foundations for intelligent work by legislators, administrators, scientists, students, and all others who are concerned with the problems involved in the punishment and rehabilitation of convicted men. These studies form a part, but only a part, of the need for sound research data in every phase of criminal law administration. The process of fact-finding must be continuous and exhaustive; and it is my hope that this Survey will act as a stimulus to

the development of permanent research programs. The success of this effort may be judged by the extent to which public opinion demands the necessary reforms in the administration of criminal justice which are pointed out in the reports.

I express my deep appreciation to all those whose conscientious efforts have gone into the making of the Survey, particularly to Justice Justin Miller, who prior to his appointment to the United States Court of Appeals for the District of Columbia served as Director of the Survey, and to Dean Wayne L. Morse, who succeeded him as Director and Editor in Chief.

I wish to acknowledge my debt of gratitude to the large number of relief workers and administrative officers of the Survey staff whose loyal services have made possible the completed reports. A special word of thanks is extended to the following groups and individuals: The members of the executive committee of the Survey, Mr. Brien McMahon, Mr. James Bennett, and Mr. Gordon Dean; the statistical specialists, members of the technical advisory committee, Prof. Samuel A. Stouffer, chairman, Mr. Ronald Beattie, Dr. Morris A. Copeland, Dr. W. Edwards Deming, Dr. Alba M. Edwards, Prof. Merrill M. Flood, Dr. Milton C. Forster, Mr. Bennet Mead, Prof. Thorsten Sellin, Mr. Frederick F. Stephan, and Prof. S. S. Wilks; Messrs. Sanford Bates, Lovell Bixby, and Barkev S. Sanders who were very helpful in preparing the original plans for the Survey; Dr. Milton Forster of the Works Progress Administration whose splendid cooperation made possible the completion of the study; and the several editors, associate and assistant editors whose writings speak for themselves, Mr. Howard Gill, Mr. William Hurwitz, Dean Paul Raymond, Prof. Henry Weihofen, Dr. Hans von Hentig, Miss Helen Fuller, Mr. Charles Morris, Mrs. Elizabeth Peterson, and Mr. Ivar Peterson.

I am also under deep obligation to the Governors and other officials of the States whose fine cooperation made possible the collection of the source material.

HOMER CUMMINGS,

Attorney General.

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