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The March 2023 issue of Reason magazine has this terrific article about probation systems authored by C.J. Ciaramella and Lauren Krisai. This lengthy piece is worth a full read, and its full title notes its basic themes: “U.S. Probation System Has Become a Quagmire: What was originally intended as an alternative to incarceration has become a system for mass state control.” Here are excepts from the start and first part of the piece:
Shortly after becoming a mother in summer 2013, Jennifer Schroeder was arrested for a drug charge. Schroeder, who lives outside of Minneapolis, Minnesota, pleaded guilty and was sentenced to serve 365 days in Wright County Jail. And 40 years on probation.
Probation terms vary by state. They can include curfews, restrictions on travel, submitting to warrantless searches, paying court fees, holding down a job, and abstaining from alcohol and drugs, to the point of being prohibited from even entering a bar. For Schroeder it means a near-lifetime ban on voting or owning a gun, and the looming threat of eight years behind bars if she ever violates her terms. For the privilege of being subjected to all this, there are also fees owed to the state — all to live on the edge of a life-destroying prison sentence….
While many gauge the criminal justice system by the population of jails and prisons, probation affects more lives. And while it is clearly less punitive than being locked in a prison cell, it is still a form of onerous correctional control. Probation is supposed to help people get their lives back on track while staying accountable and keeping the public safe, but in many states offenders are set up to fail in systems that can’t or won’t give them the opportunity to succeed.
It’s a scattershot array of state-run systems that, over nearly 200 years, has evolved away from its original purpose of providing public accountability and rehabilitation without punishment, quietly transforming into a secondary criminal justice system hiding in plain sight. As it has evolved, it has lost much of its original purpose, leaving even many of the system’s enforcers uncertain about a fundamental question: What is probation supposed to be for?
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