Law Commons^™

The Importance Of Purpose In Probation Decision Making, Wayne A. Logan

Scholarly Publications

Articulation of purpose is, and should be, an important feature of any governmental activity. Since 1962, and the publication of the Model Penal Code, governments have increasingly seen fit to identify the purposes of punishment. To the extent such purposes have been expressly identified, however, they have primarily related to imprisonment, informing the duration inquiry. Governments have been far less dedicated to the articulation of the purposes of probation, a disposition that today easily accounts for the majority of penal outcomes in U.S. courts. This paper explores the role of purpose in probation decision making. It begins with a historical …