§ 25.1 Overview

• Library: Criminal Law in Oregon (OSBar) (2022 Ed.)

§ 25.1 OVERVIEW

§ 25.1-1 History of Probation

Probation was unknown at common law, and "springs solely from legislative action." Affronti v. United States, 350 US 79, 83, 76 S Ct 171, 100 L Ed 62 (1955) (citing Ex parte United States, 242 US 27, 43-45, 37 S Ct 72, 61 L Ed 129 (1916)).

The term "probation" was first used by John Augustus, a bootmaker who lived in Boston Massachusetts. Beginning in 1841, Augustus started the practice of having people released to him who were charged with the offense of being a common drunkard. Later people convicted of other offenses were released to him. He kept a journal in which he recorded his efforts to help over 1,100 probationers. Augustus is generally credited with being the father of probation and the first probation officer. Cohen and Gobert, The Law of Probation and Parole 7 (1983); Killinger, Kerper and Cromwell, Probation and Parole in the Criminal Justice System 22 (1976).
The General Laws of Oregon,

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