Journal of Criminal Law and Criminology Volume 51 Article 6 Issue 2 July-August

Summer 1960 What is Probation Lewis Diana

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Recommended Citation Lewis Diana, What is Probation, 51 J. Crim. L. Criminology & Police Sci. 189 (1960-1961)

This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. WHAT IS PROBATION?

LEWIS DIANA

The author is Professor and Chairman of the Sociology Department of the College of William and Mary, Norfolk, Virginia. He has also served on the faculties of the University of Pittsburgh and Florida State University. From 1949 to 1951, Dr. Diana was a probation officer in the Juvenile Court of Pittsburgh, Pennsylvania. In this article, Professor Diana surveys both the literature and the practice in the field of proba-' tion. Predominant in recent literature, he finds, are the views that probation is principally a matter of (1) case work, or (2) administrative measures, or (3) a combination of the two. Comparing the litera- ture of probation with actual practice in the field, he discovers some significant discrepancies. Experienced workers in probation, for example, do not have as well defined views of what probation is as do the writers in the field. The workers agree with the writers, however, that treatment of the individual probationer is the principal function which probation ought to serve. According to Pro- fessor Diana, the main difference between theory and practice lies in the fact that treatment is actually a very small part of the work of probation officers; administrative work, such as obtaining reports on the activities and behavior of the probationer, is the main job of the probation officer today. In a critical appraisal of the ideas which dominate the field of probation, Dr. Diana takes issue with what he terms our burrent "obsession" with psychodynamics, whereby we center our attention almost exclusively on the offender himself. To restore balance, he recommends that much greater attention be given to the social system itself and to the possible need for fundamental social reform and reorganization. The author prepared this article at the special request of the Board of Editors in commemoration of the Journal's fifty years of publication.-EDIoTR.

SUMMARY OF H-ISTORICAL DEVELOPMENT by law the releasing of minor offenders with OP PROBATION sureties. In 1869 this same state also authorized Some authorities trace the roots of probation the placement, after investigation, of youthful to the middle ages when such devices as the benefit offenders in private homes under the supervision of clergy and the law of sanctuary made it pos- of an agent of the state. sible either to avoid or at least to postpone punish- Credit for the first use of the term probation ment." It is more likely that there was not any goes to John Augustus, a Boston shoemaker, who continuous linear development of probation, apparently became interested in befriending vio- although one can point to various forerunners lators of the law, bailed many of them out of jail, such as the judicial reprieve, by which the court and provided them with sympathetic supervision. - suspended the imposition or execution of a sen- This was as early as 1841. It was not until 1878, tence, and the practice of releasing an offender on however, that the first probation law was passedi his own recognizance. Consequently, probation Massachusetts again taking the lead. In that year was probably more directly an outgrowth of the the mayor of Boston was given the power to ap- different methods in England and America for point probation officers, and only two years later, suspending sentence. in 1880, the law was extended to apply to other Under the common law the courts of England communities within the state. Then in 1891 had for many years bound over petty offenders to Massachusetts passed a second law, which re- quired the extension of probation to the criminal sureties or released them'on their own recognizance even without sureties.2 Such practices were also courts. By 1900, though, only five states-Massa- chusetts, Missouri, Rhode Island, New Jersey common in some of the American colonies, es- 3 pecially Massachusetts, which in 1836 recognized and Vermont-recognized probation legally. By 1933 all states except Wyoming had juvenile I Halpern, Probation, ENCYCLOPEDIA OF CRIMINoL- probation laws, 'and all but thirteen states had OGY 388 (Philosophical Library, N.Y., 1949). 2 UNITD NATIONS, DEPARTMENT OF SocIAL AFFAIRS, 3 BARNES & TEETERS, NEW HORIZONS IN CRIIINOL- PROBATION AND RELATED MEASURES 16 (1951). OGY 760 (2d ed., Prentice-Hall, N.Y. 1955). LEWIS DIANA [Vol. 51 adult probation laws. This latter group had been However, it probably best represents the general cut to five states by 1950: Mississippi, Nevada, lay point of view, as well as that of most pro- 4 New Mexico, Oklahoma and South Dakota. bationers. This fact presents a basic problem to The variety of legislation governing probation professional personnel, who view probation as a in the United States may have stemmed (1) from form of treatment. Many offenders, however, es- the Supreme Court's denial in the Killits case pecially among juveniles, feel their acts are un- that there existed any inherent judicial power to fortunate slips, and while possibly inexplicable, suspend sentence or any other process in the ad- they are, in the final analysis, choices between ministration of the criminal code and (2) from the right and wrong, choices which the offenders feel different points of view which developed concern- capable of controlling. Consequently, in their own ing the practice of probation. The result, in the minds they are not sick persons nor necessarily United States at any rate, has been to give to the even the products of undesirable environments and courts a fairly wide discretion in the use of pro- so certainly in no need of treatment. bation. It remains to be said that with the creation of Probation as a punitive measure the Cook County Juvenile Court in 1899, proba- This again represents a view which has found tion as a principle and as a practice received great little acceptance in the literature, especially dur- momentum. Great hopes have since been pinned ing the last fifty years. I discovered only one upon it. writer who made punishment the dominant note DEFINITIONS OF PROBATION in his theory of probation. According to Almy, Probationas a legal disposition only probation must be presented to the probationer as a form of punishment, one which permits him to One point of view sees probation simply as a escape commitment and its stigma but one which suspension of sentence b'y the court. Since sentence also makes other demands. If these demands are is not imposed, the offender remains in the com- not met, then the probationer can expect to re- munity until the length of the sentence has ex- ceive the same type of punishment as other offend- pired, unless, of course, in the meantime he has ers.' The assumption underlying such a view is engaged in any conduct that would warrant carry- that it is the certainty of punishment which ing out the sentence. This system leaves everything deters. to the probationer and makes of probation a simple policing procedure. Therefore, it implies two things Probation as an administrativeprocess to the probationer: another chance, and the threat It is likely that the earlier ideas of reform and of punishment should he fail to improve his be- rehabilitation attached to probation came about havior. as a reaction to the various abuses associated with In point of time this view has been expressed by the imprisonment of children. As a result, a great authors, mostly with a legal background, writing deal of sentiment was tied to the concept of proba- in the first decade of the twentieth century. I have tion in its beginnings. This sentiment, together found no references to it after 1908 when Judge with the goal of reform or rehabilitation, formed McKenzie Cleland put it this way: probation is the nucleus of the conception of probation as an a plan "of suspending over offenders the maximum administrative process. Essentially what proba- sentence permitted by law" and of allowing them tion consists of under this conception is the execu- "to determine by their subsequent conduct whether tion of concrete measures aimed at helping the they should lose or retain their liberty...with the offender stay out of further trouble. The ultimate full knowledge that further delinquency meant... goal of complete rehabilitation in this approach, severe punishment."' however, was something which was more hoped Probationas a ineasure of leniency for than worked for. In this respect it is a fairly In a review of the literature I found but one negative approach consisting mainly of things author who took this approach to probation. 6 done for the offender in the hope that they will 4Ibid. " somehow deter him from a further career in crime. r Cleland, New Gospel in Criminology; Municipal Thus, arranging for medical treatment, making Court of Chicago, 31 McCLus's 358-62 (June 1908). 6 Smith, A. C., Does ProbationAid or Prevent Crime?, 7Almy, Probation as Punishment, 24 SuRvEy 657 125 ANNALs 242 (1926). (1910). 1960] WHAT IS PROBATION? appointments for the administration of tests, cited the case of a boy who had a mania for steal- effecting school transfers, seeking employment for ing pocket knives: the offender, checking on his activities, and so on "His father and paternal grandfather had been constitute the major content of probation under master mechanics. After his father died his this viewpoint. mother led an irregular life and neglected the Slightly more than thirty per cent of the authors boy. His hereditary instincts came to the surface. writing in this field have seen the administrative Since his mother refused to help him gratify his process as the major framework of probation.8 desire for mechanics, he undertook to gratify it Most of these, however, date from 1902 to 1920. in any way he could."' 1 Since 1935, only two writers have espoused this Unlike modern case work, no attempt was made concept. This fact may indicate the dose identifi- during the boy's probation to help him "verbalize" cation of the correctional field with social work, and express his feelings and so come to a personal which was largely administrative in the earlier solution based on the untapped resources of his years. Later, changing concepts and techniques in deeper personality. Instead: "We went to his social work quickly found their way into child mother and she awoke to her responsibility. We welfare and juvenile court probation services. The talked to the boy firmly and found him willing to newer approaches represented by case work and its work. Finally, we found a position for him."'" psychoanalytic foundations have not found The probation process not only included finding unanimous approval, however. work for the boy but also included telling the Thus, Dr. Philipp Parsons of the Department of mother how to keep her house clean and giving her Sociology, University of Oregon, has stated: other directives. It literally forced the boy into a "In the rehabilitation field... research and certain mold, by the use of pressure, and some- administration become the all important factors. times intimidation, to do what he was told was Research consists in getting the facts of a given right. Thus the probation officer attempted to situation, and administration consists in devising produce what was not ordinarily a part of the programs adapted to the facts and in carrying boy's pattern of behavior. out these programs by whatever techniques the In 1910 Maude E. Miner, Secretary of the New conditions may make practial.... York Probation Association, reported that proba- "... changing conditions, economic, political, tion for the convicted girl consisted of a process of and social, have shifted the major emphasis in character building through discipline and correc- remedial work from individuals and families to tion. These were applied by obtaining employment groups and conditions. Training for remedial for the girl, visiting her home, getting the coopera- work, therefore, must be built upon a base of re- tion of her parents, providing needed medical care, search, organization, and administration rather and bringing her into contact with beneficial influ- than upon the case work which was the founda- ences such as churches and clubs.12 tion of social work training in the past genera- In 1911 the Illinois law on adult probation pro- tion. vided that certain categories of first offenders "... rehabilitating convicted persons in con- could be placed on probation. The court was nection with a scientific system of penology... obliged to impose certain conditions designed both is primarily an administrative job and also pri- to protect the community and to give the proba- 9 marily a job for men." tioners some "sensible practical aid." These condi- The process of probation which follows an ad- tions included paying court costs, supplying bond, ministrative pattern is illustrated in an article by supporting dependents, and making regular re- Jessie Keys. Writing in World's Work in 1909, Miss ports to the probation officer." Obviously, under Keys stated that the search for ultimate causes is such circumstances probation could be little else not the least important work of the juvenile court. than administrative. These causes were usually felt to be parental neg- lect or parental vice or both. To illustrate she 10Keys, Cases of the Children's Court, 18 WoRLD's WoRK 11612 (1909). 8 All of the available literature since 1900 has been " Ibd. reviewed. For a compilation, see my bibliography, infra. 12Miner, Probation Work for Women, 36 AwArs 27 9Parsons, P. A., Qualifying Workers for the Correc- (1910). tional Field, YEARBOOK, NAT'L PROBATION Ass'N 66- 13New Illinois Law on Adult Probation, 26 SuRVEY 86 (1938). 18 (1911). LEWIS DIANA [Vol. 51

From a figure well known in corrections, C. L. the court determines. Socially, probation is a Chute: form of treatment administered by probation "The probation officer must investigate all officers on a case work basis." 8 (Emphasis offenders and must keep himself informed con- added.) cerning their conduct and condition. He must The dichotomy between adult and juvenile pro- report on each case at least once every month to bation seemingly is disappearing. In any event the court and must use all suitable methods not definitions of probation as a legal disposition are inconsistent with the conditions imposed by the rarely found in current literature. On the contrary, court, to aid persons on probation and to bring the bulk of the literature-between eighty-five about improvement in their conduct and condi- and ninety per cent of it since 1940-views proba- 4 tion.' tion as some form of treatment, more often than Or: not casework treatment. "The probation officer helps a man to get and Casework and its foster parent, psychiatry, have keep a job, finds him wholesome amusement, had extensive influence in the juvenile court move- looks after his leisure hours and generally backs ment. This influence is illustrated by the broad him up to playing a man's part in the world scope of many of our juvenile court laws, by the much as the special war agencies kept up the shunting aside, in the rising tide of a clinical morale of the army.' 15 ideology, of legal precedents in favor of loose and The supposed therapeutic effects of administra- informal procedures, by the indeterminate sen- tive techniques are illustrated in an article by tence, by the emphasis on the total situation of an Platt: offender, by the absorption with emotional prob- "Get a boy into a good club, give him duties lems, and by the prevailing adherence to a psycho- and see what happens-interest, pride, loyalty, analytic theory of causation. ambition, cooperation, social teamwork, social The point of view which identifies probation 16 sense, all will probably soon follow.' with casework treatment is difficult to analyze. It In 1919 no less an authority than the sub-com- cannot be presented as a consistent or well-defined mittee of the National Conference of Social Work approach and appears, rather, to represent an atti- summed up this point of view by reporting that tude or state of mind in lieu of a technique or sub- the office of the probation officer is administrative. stantive theory. In any event the literature pre- It may have its authority beyond the court but senting probation as casework treatment generally accountability to the court is, in the final analysis, defines probation as the application of case work 7 the foundation of probation service.' principles and techniques in dealing with the offender. But what is case work? Probation as social case work treatment Taber describes it this way: Reinemann has defined probation as follows: "Case work... may be defined as a process of attempting to understand the needs, impulses "Legally, in the case of an adult offender, and actions of an individual and of helping him probation is the suspension of sentence during a to recognize these in a way that is satisfying to period of freedom, on condition of good be- himself and yet in accord with the demands of havior. In the case of a delinquent child, the social living. juvenile court uses probation as a form of case "... treatment cannot be forced upon another disposition which allows the child to live at person.... To help another person we must ac- liberty in his own home or in the custody of a cept him as he is with an honest respect for his suitable person, be it a relative, a friend of the capacity as well as regard for his need to solve family, or a foster home, under supervision of an his own problem with whatever help the worker agent of the court and upon such conditions as can give him. The case worker is concerned 14Chute, Probation a Federal Need, 43 SURVEY 775 with assisting the individual to realize his own (1920). capacities to the fullest extent, as well as to 15Emptying the Jails: ProbationSystem in New York City, 100 THE INDEPENDENT 40 (1919). orient him to the resources existing within his 16 Platt, Does Punishnent Pay?, 55 SURVEY 605-7 environment which will provide a satisfying (1926). 17Parsons, H. C., Probationand Parole; Report of the outlet. In short, change to be effective depends Sub-Conmmittee, NAT'L CONFERENCE OF SOCIAL WORK 18Reinemann, Probation and the Juvenile Delinquent, 113 (1919). 261 ANNALS 109 (1949). WHAT IS PROBATION?

upon the individual's willingness to help him- can find that he has ability to conform to com- 1 self.... He must be assisted in finding his own munity standards."' way at his own pace.... In other words, from Miss Gabower's point of "Every phase of behavior has a different view, the relationship which by some is described meaning for each individual, and treatment if it as case work is here presented only as an instru- is to be effective must be differentiated accord- ment of case work. But what case work is, is still ing to the individual's need.... There are no not explained. formulas which we can readily apply... but we One thing is certain, however: the case work can sharply define in a warm but objective point of view represents a shift in emphasis from manner the alternatives which confront a de- the social conditions of behavior to individual be- linquent in order that he may redirect his be- havior itself, especiallysuch behavior as can be ap- havior if he has the strength and will to do so."'19 proached from the standpoint of the "dynamics" Most concepts of case work also include assump- of psychoanalytic mechanisms. The shift has been tions concerning the nature and causes of delin- from a social to a clinical frame of reference. Crime quent behavior: and delinquency are acts containing social impli- "Delinquent behavior and other forms of con- cations, but it is chiefly the individual personality flict are generally compensating substitutes for which interests the case worker. Thus, Miss Louise experiences and impulses which the individual McGuire, also one-time Director of Social Work in fears to recognize and dares not express. The the Juvenile Court, Washington, D. C. states: tension resulting creates frustration and fear. "Back of the overt acts are the motives. These Whether or not the release takes the form of a latter are our concern and the basis of case work criminal act is purely fortuitous and is depend- treatment."22 ent upon the attitudes and tensions operating Miss McGuire's article represents an attempt to at the time.... delineate case work into three phases: (1) social "If we accept the fact that the probation inquiry into the total situation of the client; (2) officer's work concerns itself with helping the social diagnosis, that is, inquiry into the relation- man under supervision to bring to conscious ships and attitudes of the client; and (3) social expression his underlying emotional conflicts case work treatment. In this last phase there are and thus rid these deep-seated unknown drives three objectives: (1) to induce right notions of con- of their tension and potency, and if we recognize duct (responsible behavior) in the client; (2) to in- that the probationer's moral decisions must be duce motives which will assure loyalty to good his own, not the probation officer's, then is the norms of conduct; and (3) to develop the client's generic problem of interpretation with which the latent abilities. probation officer is faced any different from that To achieve these objectives case work treatment 2 which must be met by the case worker?" ' is divided into two sections: mechanistic devices, Miss Genevieve Gabower, formerly Director of and deep therapy. The former consist in the utiliza- Social Work in the Juvenile Court, Washington, tion of the resources of community agencies. The D. C., refers to case work in this way: latter, deep therapy, refers to the process of chang- "The worker sees a need for giving service in ing the attitudes of the probationer, giving him in- the case of a child where either the solicitude or sight through interpretation.23 the indifference of the parents, or a combination of extremes of the two operates as a barrier to This essentially clinical approach is supported by his growth and development. He can be of serv- most other writers outside the academic disciplines ice by developing and maintaining a relationship of criminology and sociology. Hagerty, for example, of continuing interest and acceptance and thus has said, "We offer as our major premise that solu- assisting in establishing stability. Case work... tion of the crime problem involves chiefly the through this kind of relationship... may study and personality treatment of the individual operate as a medium through which the youth 2"Gabower, Motivating the Delinquent to Accept Treat- 9Taber, The Value of Casework to the Probationer, inent, YEARBOOK, NAT'L PROBATION AND PAROLE A5S'N YEARBOOK, NAT'L PROBATION AND PAROLE AsS'N 167- 207-19 (1940). 1-McGuire, Essentials of Case Work with Delinquents, 79 2(1940).9 Reeves, Adninistrative Procedures and Case Work YEARBOOK, NAT'L PROBATION AND PAROLE A5S'N Services, YEARBOOK, NAT'L PROBATION AND PAROLE (1935). Ass'N 180-92 (1940). 2 Ibid. LEWIS DIANA [Vol. 51 offender.' 1 4 He goes on to define case work as an declares probation is a casework service and a aid in the restoration of self-support and self- method of treatment which "is no longer an ideal" respect in the "client." but "a reality."' 8 However, he defines neither case- More recently Hyman S. Lippman, Director of work nor treatment but assumes their identity with the Amherst H. Wilder Child Guidance Clinic, St. probation. Paul, Minnesota, has declared that case work on Glover outlines four basic principles of treatment the part of the probation officer is the essential in- without, however, specifying how they are effected: 25 gredient in his "treatment" of delinquency. (1) treatment based on consent of the offender; While not defining case work, Lippman does specify (2) treatment planned for the individual; (3) relationship as the major contribution of a proba- treatment planned around the offender's own tion officer and the interview as his main tool. The situation, and (4) treatment planned to redirect unconscious conflicts of the neurotic delinquent of the offender's emotions.n course, "are deeply imbedded, and can only be The strong clinical orientation of casework seek- brought to light by the psychiatrist trained in psy- ing to induce proper motives, to aid in the achieve- choanalytic techniques." 26 (Emphasis added.) ment of insight and self-respect, and to change David Crystal, Executive Director, Jewish So- attitudes of the offender may be worthwhile and cial Service Bureau Rochester, N. Y., sees proba- desirable. But the aims and the orientation do not tion as a treatment process of the entire family. define the process of case work. How is insight But the process is curiously enough still described produced? How are interpretations given? How are in clinical terms as the focus of case work is: attitudes changed? How is relationship established? "1. How does the probation officer help the pro- The answers to these questions are rarely men- bationer accept the conditions of his current tioned in the literature, and casework continues to reality? be defined in broad and general terms as for "2. How does and can the family relate to the example, "an art in which knowledge of the science probationer in terms of the new experience? of human relations and skill in relationship are used (a) Can they express honestly their feelings to mobilize capacities in the individual and re- of guilt, of anticipated reprisal, of uncer- sources in the community appropriate for better tainty about the impact this will have on adjustment between the client and all or any part 30 their future lives? of his total environment.) (b) Will they require special help from a One of the most recent and well-known texts worker other than the probation officer, defines casework as follows: "Social casework is a in a different kind of agency in the com- process used by certain human welfare agencies to munity? Can they now or later accept help individuals to cope more effectively with their the need for help? problems in social functioning."'" (c) Is the total responsibility for change to The elements, then, which are said to comprise be lodged exclusively on the offender, the principles of casework invariably stamp it as a or can the family see change as a reac- clinical process for the most part. It is often stated, tion not to one but multiple causes and for example, that casework implies that the proba- that they too are part of the change, ex- tion officer has a respect for individual differences ternally and internally, by their physical and that he should have not only a natural desire presence and concrete offering of shelter to serve others but also an understanding of the and food and job and by the attitude processes that develop personalities. The proba- with which these visible and tangible tion officer accepts and the client then may show things about the family are given?"2 "movement" because for the first time he is seen Henry J. Palmieri, Director of Social Services of the Juvenile Court of the District of Columbia, 2 Palmieri, Probation Is Treatment, 13 FEnDERAL PROBATION 20 (1949). 24 Hagerty, The Delinquent as a Case Problem, YEAR- 219Glover, Probation: The Art of Introducing the Pro- PAROLE bationer to a Better Way of Life, 15 FEDERAL PROBATION BOOR,2 NAT'L PROBATION AND AsS'N (1935). 5 LrPrpm, The Role of The Probation Officer in the 8 (1951). Treatment of Delinquency in Children, 12 FEDERAL 30Bowers, The Nature and Definition of Social Case- work: Part 11, 30 J. Soc. CAsEwoRs 417 (1949). PROBATION 36 (1948). 1 26Id. at 37. 3 PERLAN, SOCIAL CAsEwoRK, A PROBLEM-SOLV- 2 Crystal, Family Casework in Probation, 13 FEDERAL ING PROCESS (Chicago, University of Chicago Press, PROBATION 47-53 (1949). 1957). 1960 WHAT IS PROBATION?

able to talk freely and naturally to another person minate method of doing good or promoting wel- about himself and how he feels. The worker under- fare, or even of helping people out of trouble, in- stands and conveys that understanding to the distinguishable from psychiatry at one end and "client," thereby relieving the "client's" anxieties uplift work at the other.... and stimulating a more constructive outlook. "... social case work centers around helping Biestek explains the casework relationship on individuals with the difficulties they encounter the basis of seven needs of the client. "The case- in a particular group relationship .... "m worker is sensitive to, understands, and appropri- Miss Witmer also suggests that while probation ately responds to these needs" and "the client is presently involves the use of case work, it is mainly somehow aware of the caseworker's sensitivity, un- executive and diagnostic, centering on changes in derstanding and response."3 2 The seven needs of the environment of the offender. Such case work the client embody corresponding principles:n "lacks the sharpness of focus and precision of method which perception of specific function has The Need of the Client The Name of the Principle given to case work in other fields." 35 But in my 1. To be treated as an in- 1. Individualization. experience, at least, this "sharpness of focus and dividual. precision of method" of casework in other fields is 2. To express feelings. 2. Purposeful expression of feelings. more an attribute of casework in the literature than 3. To get sympathetic re- 3. Controlled emotional of casework in the field. What is specific and pre- sponse to problems. involvement. cise in any other agency is not mentioned. It ap- 4. To be recognized as a 4. Acceptance. pears that it is the field or area of operation of these person of worth. other agencies that is more or less precise and not 5. Not to be judged. 5. Nonjudgmental atti- necessarily their techniques. tude. Miss Witmer denies the similarity of case work 6. To make his own 6. Client self-determina- and psychiatry or therapy but nevertheless states tion. choices and decisions. its aims in therapeutic terms: "Modern case work 7. To keep secrets about 7. Confidentiality. works with the client rather than on his behalf" self. since the sources of difficulty are supposedly known Casework thus attempts to formalize, standard- only to the "client."3 However, the case worker ize and professionalize the display and exercise of assumes the existence of underlying or unconscious warmth, sympathy, respect and understanding, conflicts and so is practically committed to a psy- all of which are considered to be basic elements in chotherapeutic point of view. Where this is denied, therapeutic treatment of the individual. In proba- superficial distinctions are usually drawn between tion, also, any punitive quality in the process has case work and therapy, such as the fact that in been removed, and the goal has become not merely therapy it is the "client" himself who seeks the the elimination of the probationer's anti-social therapist, or that in therapy one delves more conduct but, whenever possible, the improvement deeply into the Unconscious and there is a more of his personality and the achievement of a more intense emotional involvement of "client" and nearly perfect total adjustment. What probation therapist. There is convincing evidence, however, is, therefore, must include the means by which that points to the emergence of case work, and those goals are realized. This casework usually certainly of psychiatric social work, as another does by simply stating casework as the means or therapeutic profession. process. There have been attempts at clarification, The dominant theoretical note in case work is but the field defies synthesis. sounded by psychoanalysis. Acceptance of a psy- Miss Witmer has pointed out that: choanalytic view will, of course, influence notions ".... social work is a very specific system of of what makes a criminal a criminal or a delinquent organized activities based on a body of values a delinquent. The major assumptions fall back on and technical rules which are becoming increas- the emotional problems of the individual offender; ingly well-formulated.... it has a definite consequently, illegal behavior is seen primarily as function to perform. It is not a vague, indeter- '4 Witmer, Social Case Work in the Field of .T uenile -BiESTEx, THE CASEWORK RELATIONSHIP 17 (Chi- Probation, YEARBOOK, NAT'L PROBATION AND PAROLE cago, Loyola University Press, 1957). Ass'N 153-66 (1941). "Reproduced from BrEsTEK, op. cit. supra note 32, 5Ibid. at 17. 36 Ibid. LEWIS DIANA [Vol. 51

a symptom of an emotional illness, and the offense Sutherland has pointed out," case work in proba- itself is not considered to be very important, tion follows psychiatric conceptions in that insight especially in delinquency. Parallel with this as- by the probationer into the reasons for his be- sumption, which is accepted by many case workers havior is the chief goal of treatment. A person with as a sound and accurate summary of the facts, is such insight is felt to be unlikely to repeat his de- the habit of looking for emotional problems in all linquent activities. The primary method consists of cases before the court. This ignores the real possi- intensive interviews through which the probation bility that many of the problems of offenders officer not only comes to understand the proba- arise from the hazards common to all people in tioner but the probationer, to understand himself. learning to live with themselves and others. Also, An identification with the probation officer then to most people, appearing before a court of law is helps the offender emulate his behavior until a new experience. When a person has not had time finally the point is reached where the probationer to cope with such a new situation, it is conceivable becomes independent of this identification and can that he may present the appearance of maladjust- carry on normal and socially acceptable behavior ment. In any event, life is such that most, if not on his own. all, people have emotional and other problems, and whether or not they are offenders, they gener- Probation as a combination of case work and admin- ally adjust without services based on any nebulous istration clinical ideology. This point of view regarding probation does not, Casework must be numbered among the victims as it might suggest, constitute a catch-all for those of much of the epidemic dogma and naivet6 that is approaches which do not fit the categories dis- psychoanalysis. Too many correctional workers cussed thus far. From this standpoint probation is have become dizzy on a diluted psychoanalytic ap- represented both by case work functions and by proach. They allow its glib and fanciful formula- administrative or executive procedures. Where tions to explain difficult problems. It is all neatly case work is paramount, administrative functions done, since little thought and no proof are neces- are supplementary. Where administrative duties sary. Ready-made proof exists: whatever the are indicated as the primary plan of approach, case problem, it is the result of emotional conflicts work skills and techniques, however defined, must originating in the oral, anal, phallic and other be utilized in the performance of those duties. In erotic stages of development, and the dynamic in- other words, some cases may be felt to require in- terplay of id, ego and superego. The criminal and tensive interviews more than anything else. But in the delinquent, too, as each and all of us, end up the course of most cases there are, practically with- as the appendage to the penis. It is the tail that out exception, other things to be done as well: ar- twirls the tiger. ranging a transfer of schools, scheduling medical As matters now stand the probation officer or and other appointments, and so on. Other cases case worker grounded in a psychoanalytic ap- may be felt to call for mainly administrative func- proach tends to look at a case through the lenses tions, such as those just mentioned, plus limited of his "trained" preconceptions of the dient's emo- and superficial contacts with the probationers. tional life. He is likely, therefore to ignore the But in performing those functions and in making group processes from which that emotional life is those contacts a case work approach must be ap- nourished. Obeisance and abject devotion to the plied. In this respect the utilization of case work illusory and presumptuous claim of psychoanalytic techniques is usualy manifested in the attitude theory to absolute knowledge of the dynamics of taken toward the probationer. human behavior may lead to a great deal of dia- Murphy illustrates this school of thought: lectical ingenuity but not to much progress in the "Probation officers have another task, that' of treatment of the problem of crime and delinquency. controlling, guiding and rehabilitating proba- In conclusion, probation as case work concen- tioners. Here they are called upon to make trates not so much on crime and delinquency as on accurate personality diagnoses and plan compre- criminals and delinquents, and not so much on hensively to improve the probationers' environ- criminals and delinquents as on criminals and de- 7 S n RLAND, PR cINPLEsOF CRIMINOLOGY 399- linquents with emotional problems. In general, as 400 (Philadelphia, J. B. Lippincott Co., 4th ed., 1947). 1960] WHAT IS PROBATION?

ment and economic life, to adjust delicate family offendersn who are placed by the courts under the problems, find employment, provide for neces- personal supervision of a probation officer, some- sary medical treatment and health assistance, times under conditional suspension of punishment, determine recreational needs and social needs, and given treatment aimed at their complete and stimulate spiritual and moral improvement.... permanent social rehabilitation. Patterns of behavior can be changed only when Probationin reality attitudes, loyalties and group relationships can '' be altered or recreated." What is depicted in the literature does not often In summary, then, this point of view sees proba- represent a very real or accurate representation of tion as the simultaneous application of case work what exists in reality. The result of abject worship and administrative functions, but in specific cases at the holy shrine of psychoanalysis has not been it is more one than the other. Whichever is para- the development of scientifically validated tech- mount in any particular case, the other is comple- niques for the treatment of offenders on proba- 40 mentary. About twenty per cent of the literature tion. In fact, few probation officers, either in the reviewed supports this approach to probation. literature or in the field, give a dear and specific description of what they mean by treatment,

WHAT IS PROBATION? case work or otherwise. Probation officers, whether trained in schools of social work or not, frequently With the exception of the first three categories express the opinion that just about anything that (legal, punitive, merciful), all views emphasize the is done in the way of investigation of cases, bring- treatment aspects of probation. In the literature ing into play any of the skills one may have ac- reviewed only five per cent of the writers thought quired in training or by his experiences, comes of probation wholly as a legal disposition or as a under the heading of case work treatment. This measure of either punishment or leniency. In fact, would include any service, advice, counseling or in the literature of the past thirty years such views surveillance. receive no mention at all. Therefore, notions of Undoubtedly part of the difficulty lies in the probation as either case work or administration, or fact that the field of social work seems to have no a combination of the two, are prominent. These well-defined and consistent theory which it can leading approaches overlap considerably so that call its own. Casework can mean anything from their differentiation consists almost solely in their "working with an offender" to helping a "client" respective points of emphasis. Thus, all three to "grow" or to achieve insight, helping him to would agree that probation is a legal disposition help himself, a form of therapy, or a "method which and that probation is not to be thought of as mere recognizes the individual's inner capacity as to the leniency or as mere punishment; but in the first key to his adjustment, and the necessity of his par- instance, it is viewed as basically case work treat- ticipating in the process of rehabilitation."41 ment; in the second, administrative supervision; How these things are accomplished, however, is and in the third, both of these. Each, however, rarely specified except in terms of an administrative contains elements of the other. So in all cases pro- process. So the probation officer will be told, bation is seen as a social as well as a legal process, ideally, that he must have a plan of treatment, as a method of supervision and guidance in which that his attitude toward the offender must be non- all available community resources are used, and punitive, and that he will try to "win the confi- as a process which should aim at the total ad- dence" of the probationer and overcome the resist- justment of the offender. The case work approach ance of parents, or of husband or wife, as the case overshadows the rest by far, so that in phrasing a may be. The constructive kind of relationship that composite definition derived from the literature it 9 It is standard practice to accept for probation only should receive its obvious prominence. those offenders whose cases have been investigated and found to meet the requirements of favorable prognosis As culled from the professional literature, then, set up by the individual courts. Therefore, offenders probation may be thought of as the application of placed on probation may be thought of as specially selected. modern, scientific case work to specially selected 40See Cressey, The Nature and Effectiveness of Cor- rectional Techniques, 23 LAw & ConfrEPr. PROB. 754- 's Murphy, Training For and On the Job, YEARBOOK, 71(1958). NAT'L PROBATION AND PAROLE ASS'N 93-108 (1938). 41 Taber, op. cit. supra note 19. LEWIS DIANA [Vol. 51

the probation officer thus aims for apparently is to remaining fourth said this was true in forty to be gained through frequent and periodic contacts fifty per cent of their cases. Thirty-five per cent of at the office of the probation officer or at the the probation staff felt that many of the children offender's home or even school, in the case of a under their supervision at any one time could juvenile. In addition, the probation officer will be probably get along without any probation service acquainted with most, if not all, of the resources of at all, and ninety-five per cent felt that some of the community and will hold frequent conferences the children under their supervision could adjust with the offender's employer, school principal, without it. teacher or school social worker and refer the Analysis of a sample of 540 probation records for offender to any one of a number of other agencies this court (up to 1951) showed that the total which might help him on his road to readjustment. number of personal contacts with each probationer It is interesting, then, to compare such a de- averaged less than five in an average probation scription of probation as case work treatment with period of 16Y2 months. In other words, each pro- what probation officers actually do. At the Ju- bationer generally got to see his probation officer venile Court of Allegheny County in Pittsburgh, about once every three months. Only six percent Pennsylvania, it was found that more than half received more than five visits at home during the the probation officers did active work with only probation period, and nearly 84 percent received thirty to forty per cent of their caseload. Even if only one home visit. Similarly, 78 percent of the telephone conversations and correspondence with probationers had but one interview in the proba- an offender, members of his family, and others are tion office during the average probation period of counted as contacts, sixty-four per cent of the 163 months. Yet the number of delinquents on staff had fewer than six contacts with a child over probation who later became criminals was less a period of one year.Y As a matter of fact more among those who had the fewest contacts with their than half the probation officers considered that probation officers. Since the majority of the delin- the most important part of their work consisted of quents received a minimum of attention while they their contacts with a child and others during the were on probation and yet did not later become investigation period prior to the hearing. criminals (as of ten years later), this apparent ad- Half of the probation officers reported they did justment must be attributed to factors other than no planning on any of their cases, one-fourth indi- treatment received on probation. cated that they approached from five to ten per Supervision in 76 percent of the cases consisted cent of their caseload with a plan in mind, and the entirely of routine reporting, and only ten percent of the cases were handled with a definite plan of 4 All the figures and information in this section were treatment. How it could be otherwise would be obtained from the Juvenile Court, Pittsburgh, Pa., in 1951, when the author was a probation officer of the difficult to conceive after a glance at the duties of court. the probation officers of this court:

Duties betails Pre-hearing Investigations. Average five Get statements from: complainants, offender, per week, con- offender's mother and father, and any other suming about interested party. Y3 of probation Compile personal history of offender. officer's time. Describe offender's environment-home visit. Get reports from school, other agencies active, past or present, with offender or family. Arrange for physical examination of offender. Prepare report for judge. Dictation Conference with supervisor. Diagnose behavior and personality of of- fender. Plan of treatment, if any. Prepare case summaries for psychologist, Involves about Correspondence psychiatrist, other agencies, institutions. 20% of cases. Phone calls Arrange institutional, foster home place- ment. 19601 WHAT IS PROBATION?

Duties Details Make appointments for testing, clothing issue, medical care, etc. Release assigned cases from detention home. Presentation of cases in court. One day per Notify by letter all persons to appear; file week set aside petitions; prepare old cases continued and for this. those reappearing on new charges.

The duties outlined above take, on an average, It is fairly certain that most probation, however from three and one-half to four and one-half days it may be conceived in the literature or in the field, of a five-day week. The time remaining may then still amounts to little more than administrative be devoted to supervising offenders placed on pro- supervision. But in order to compare the views of bation, i.e., checking on their activities either by the professional personnel represented in the conducting personal interviews or by having the literature with the views of those whose work probationer and his parents fill out forms sent by actually determines what is probation, I asked mail; getting progress reports from school or place twenty of the most experienced probation officers of employment or institution; and helping the from eight courts, including officers both trained offender get employment, club membership, and and not trained in schools of social work, to write so on. me their answers to the following questions: To what extent such a system as this applies to 1. How would you define probation? Generally other courts, I cannot say, except for the dozen or speaking, of what does it consist in practice? so with which I am personally familiar and among 2. Is case work an essential part of probation? which, for the most part, a similar situation exists. If so, how would you define case work? As late as 1957 members of the staff of the juvenile 3. What are the aims of probation? court in Pittsburgh, Pennsylvania, informed me 4. What do you believe probation should be that the situation at that time remained the same ideally? as presented here. The Family Court of the State The following are the verbatim replies to ques- of Delaware is one exception. The counselors of tion (1) which I received that court prepare no pre-hearing or pre-sentence 1. "Probation is a kind of status the child ob- reports as such, nor do they usually appear in tains as a result of the court hearing." court at the initial hearing. On the contrary, the 2. "Probation is a suspended sentence to begin judges refer cases which they continue for ninety with, as a basis for providing supervision. days to members of the probation staff for coun- In practice it is a continuation of a sus- seling. The results of the counseling then help the pended case, to see if the child does all right. judges make a final disposition at the end of the There is no intention of doing anything, ninety day period. though most probation officers won't admit However, even with such a procedure the it. Probation is putting a threat over the offender who is referred to the staff receives, on the head of a child. Authority puts weight back average, one-half hour per week of counseling, or a of probation. You can see this with our suc- total of six hours for the ninety day period. cess with neglected and delinquent cases Returning to the juvenile court in Pittsburgh, which other agencies have given up. We're Pennsylvania, it is significant that only fourteen the policemen back of the agencies." percent of probationers in the sample studied re- 3. "What it simmers down to is police work. ceived what their probation officers called case There is no planning, but giving supervision work treatment. A comparison of the results of to prevent violations or repetition of delin- their work with those of the officers not qualified quent behavior." for case work showed no difference in the recidivism 4. "Probation is an instrument of the court. rates of their charges. It is also interesting to note The child is under the jurisdiction of the that in the two courts with which I have been court. There are certain areas in which he is associated the probationers who were referred to expected to function in a certain way. This psychiatrists for treatment had the highest re- consists of periodic reports made by the cidivism rate of all! youngster or his family to the probation LEWIS DIANA [Vol. 51

officer, or the probation officer's contacts at standards or mores which will fit that with the family and the child, or any col- child and his family and be satisfactory to lateral contacts, the purpose of the contacts society, and using all these in a plan thought being to determine the child's ability to best in terms of adjustment. adjust in the community and to offer addi- "Probation is not something which comes tional assistance in a supportive way to after the court hearing. When a child be- help the child adjust." comes known to us, he is thought of as being 5. "Probation is to help instill in a boy enough on probation. There is no reason to wait for confidence in himself to make an adjustment the hearing. We try to work with a child as in society, with the knowledge that he can soon as we get him. Finally, probation can always call on the probation officer for in- only be successful if the basic family formation and advice when needed." make-up is considered. What caused a child 6. "Probation consists of the contacts which a to be delinquent must be changed." probation officer has with a boy after the 11. "Primarily we are a court of rehabilitation court hearing. It is also supervision to see when it comes to the delinquent. When we how the boy adjusts in the home and the put a child on probation we are saying to community. Through probation we try to him, 'You have run afoul of the rules of so- select what boys have to abide by and to ex- ciety and this is the court's offer to you to plain to them the negative and the positive try to prove you can live in society without sides of a situation, explaining limitations continuing that type of behavior.' It is not and the need to face them." only probation on the part of the child but 7. "Probation means that the court feels that also on the part of the parents, because whatever a child has done he can adjust at adult behavior often lies behind a child's home under the supervision of his parents. behavior. The child has to show he no We look the parents and the home over and longer needs supervision other than his own decide whether they can handle the super- family." vision. The probation officer merely gives 12. "Probation has a Latin derivation and support to that supervision, like a doctor means the act or process of giving a chance who prescribes. He isn't going to go to your or trial. It is comparable to repairing damage home and make you take the medicine, but done to an automobile. You repair it and if he feels the patient needs to go to the hos- give it another trial rather than let it run in pital, he goes." its poor condition." 8. "Probation is comparable to commitment; 13. "Probation is the period after a child has that is, it is handled through a court order. been brought to the court's attention as a But it is not leniency. Probation can be as result of a behavior problem. During this severe as commitment. Probation is not only period there is an opportunity to see law but also a mutual relationship in which whether, with the help of the worker, his we are trying to get children to accept attitudes and activities can be reorganized limits." so that he can make a better adjustment and 9. "Probation is a period of time during which a conduct himself in a more acceptable child is expected to realize he has made a manner. mistake and that he must be careful to "It is a two-way thing. It is not just a period. avoid repetition while he is on probation. The child must have someone interested in This realization may or may not be with the him, to guide him. Interviews with him may help of the probation officer." be of a general nature or be related to his 10. "Probation is using the material brought out specific behavior." by investigation, the causes as well as the 14. "Probation is working with a child and his effects of antisocial or asocial behavior on family on the problems presented at the the part of delinquents brought to the court. court hearing. For the worker it is almost It is taking that and trying to determine the role of confidant and adviser." from it the particular mores or standards 15. "Probation is a helping service to a person that have been operating in the growing with a problem. The problem itself may be period of the delinquent and trying to arrive adjusted or the person is helped to make an 1960] WHAT IS PROBATION?

adjustment to the problem. Probation is Sixteen of the twenty responses fell into such a also a means of keeping in touch with a per- classification. Tw6 probation officers felt probation son in order to prevent further difficulty." is case work and that the definition of case work is 16. "Probation has its legal aspects. But it is about the same as the definition of probation. The also helping a child adjust to society and its remaining two expressed the opinion that almost requirements, which is the chief aim of pro- anything that is done in the way of investigation bation. It should be a constructive experi- of cases can be thought of as case work. ence." Obviously there is no consensus or standardiza- 17. "Probation is helping a child fit into the tion of opinion concerning probation among these school, home and community, fitting him twenty experienced workers, nor have they any into their standards." clear conception of what case work is. I suspect 18. "In practice probation consists in meeting such a situation is general. emergencies as they arise instead of routine When the aims of probation were considered, treatment, which time doesn't allow." half the probation officers said the "total adjust- 19. "When a child comes to the court and a ment" of the offender was the chief goal. Five problem is presented, you are not putting believed "complete rehabilitation" was the end him on probation for punishment but to pursued, and four thought that adjustment with find causes and remedies. Probation means respect to the particular problem presented was the not only working with a child but also con- purpose of probation. Only one officer stated that sidering all the surrounding factors." supervision alone was the real aim of probation. 20. "Probation is helping the individual to ad- If the two terms "total adjustment" and "com- just. You utilize your own skills and the plete rehabilitation" are considered synonomous for community resources within the scope and all practical purposes, then fifteen of the twenty functions of the agency." Only one of the above statements mentions the probation officers concurred on this, the highest idea that punishment is even an aspect of proba- goal of probation. tion, and the concept of leniency is omitted by all With respect to what probation should be, thir- twenty probation officers, though it is implied by teen probation officers felt probation should con- some. Four offer a partly legal definition, while sist of case 'work treatment. The remaining seven none specifically presents the view that probation believed case work is not a general process and is essentially either an administrative process or a therefore should be applied only to those cases combination of administrative and case work. which indicate a need for that type of treatment. Partly this may be attributed to the fact that most (Yet in answer to the second question all but one personnel in the field probably do not express them- believed case work is essential to probation.) selves in the same way as do professional authors It may well be that few correctional personnel who are not primarily workers but administrators are really aware of whatever techniques they use, and teachers. In this respect perhaps the most sig- and it is very highly probable that only a small per- nificant thing of all is the fact that, although cer- centage of the total are qualified case workers. It is tain cliches appear, in not one definition is case also highly probable, and certainly seems to be work itself mentioxed. Yet in reply to the second the case from this writer's experience, that the question, "Is case work an essential part of proba- image that many probation officers have of them- tion?", fourteen probation officers gave an unquali- selves is a picture of a warm and understanding fied yes. Five of the others felt case work was essen- though objective person, a kind of watered-down or tial to probation but limited time precluded its use. embryonic clinician. In any event the influence Only one answered no. Definitions of case work itself were even more of a clinical, case work ideology, along with its general and vague than the definitions of proba- confused and contradictory elements, has been per- tion. The, explanation which was offered most con- vasive. Convention papers, the literature and tained such phrases as "helping people to help supervisors are filled with this ideology, so that it themselves," "helping a person make an adjust- is constantly before the probation officer. It is no ment," "changing a person's attitudes," "estab- more than could be expected, then, if the probation lishing a mutual relationship," "working with a officer feels that whatever he does and however he person," and "the ability to work with people." does it, it is treatment. LEWIS DIANA (Vol. 51

CONCLUSION an analysis of the societal setting of such behavior- A review of the literature reveals the predom- are relegated to an academic and professional inance of the view that probation is a process of purgatory in the current craze and obsession with case work treatment, and this point of view seems psychodynamics. Whatever the merits of psycho- to be shared by probation personnel in the field. dynamics, the picture remains unbalanced. Correc- However, case work is usually described in general, tional workers and litt6rateurs have an obligation vague and nebulous language characterized by an to examine and question the basic assumptions of a abundance of cliches and a lack of clarity and psychoanalytically ridden and prejudiced clinical specificity. profession. They ought to consider, for example, Seen from an operational point of view probation whether the social system itself should be investi- appears to be quite different from its ideal, case gated as a basic variable in anti-social behavior work conceptions. Probation varies from rare in- and whether the correctional workers should be- stances of intensive individual treatment, however come active in promoting fundamental social re- defined, to simply non-commitment. form or reorganization. These and other pertinent Actually, then, probation may be defined as a questions are largely ignored and most likely will legal disposition which allows the offender his continue to be ignored so long as those in correc- usual freedom during a period in which he is ex- tions are held in an apparently hypnotic grip of pected to refrain from unlawful behavior. Opera- obsession with behavior problems and psycho- tionally, probation is primarily a process of verify- dynamics. ing the behavior of an offender (1) through periodic The theories which have dominated, and con- reports of the offender and members of his tinue to dominate, practioners are psychiatric in family to the probation officer and (2) by the inci- origin. Insight by the probationer into the reasons dence or absence of adverse reports from the police for his behavior is the major goal of treatment. A and other agencies. Secondarily, probation is a person with such insight is considered to be un- process of guiding and directing the behavior of an likely to repeat his deviant behavior as he becomes offender by means of intensive interviewing utiliz- independent of his identification with the probation ing ill-defined case work techniques. officer. At that point, supposedly, the offender can Finally, it can be said that probation in practice carry on normal and socially acceptable behavior is a gesture toward conformity to the school of on his own. thought which combines administrative and case Concerning the nature and causes of delinquent work procedures. For the most part, however, behavior, most case work concepts include assump- probation remains an administrative function with tions involving emotional tensions which result in the statement Healy and Bronner made thirty- maladjustment. However, the resolution of the four years ago still quite accurate: "probation is a inner conflicts which generate such tensions offers term that gives no clue to what is done by way of no guarantee of relief from criminality. Neither treatment." 43 does the existence of such tensions invariably lead to criminal or delinquent behavior. Beyond the clinical horizon Despite an apparently increasing emphasis in psychiatry upon group processes in treating indi- Current conceptions of the causation, preven- vidual cases, the focus still remains the resolution tion, and treatment of crime and delinquency of the individual's disorder or conflicts. As yet center almost exclusively on the offender himself, there exists no theory or technique for treating the in spite of the fact that, logically, the offender group relationships of the individual. The New himself is only part of the problem. Most contem- York City Youth Board's Street Club Project is a porary thinking is based upon observations made step in that direction but with the disadvantage, only under certain highly selective conditions- perhaps, of channeling the energies of gang mem- in courts, institutions and schools. Behavior re- bers into strictly middle-class pursuits. There is lated to other less accessible, though perhaps more also an underlying assumption important situations-for example, family be- that all members of havior, behavior in the gang, in the play group, and the individual's relevant group need treatment or 4 3 assistance. IJEALY & BRONNER, DELINQUENTS AND CRIMINALS, The conclusion must be that THEIR MAKING AND UNMAKING 82 (N.Y., The Mac- an exclusively Millan Co., 1926). clinical approach to the criminality of behavior, 19601 WHAT IS PROBATION? relying as it does on the dynamics of intrapsychic been compelled to submit to a complex form of in- phenomena, will continue to yield disappointing stitutional control, and he finds many of his once results. So, too, will any approach favoring a group acceptable outlets for aggression effectively taken etiology if it fails to make the basis of its approach away. His is a situation of maximum stimulation an appraisal of the total society. of aggressive drives and minimum outlet for their The clinical approach of psychiatry and case expression. Such a condition deprives individual work views the individual offender, or his be- energies of much constructive force. On the con- havior, as abnormal when in fact such behavior trary, our contemporary condition intensifies may accurately reflect the character of group life. anxiety, enhances the development of dominant Given certain particular patterns of life, criminal attitudes which are themselves abnormal and ir- and delinquent behavior may be the type of ad- rational, and encourages individually irresponsible justment to those patterns one would expect. behavior which may nonetheless be socially ac- It may be the character of our societal organiza- ceptable. For in America there is no organized tion itself that produces personalities which cannot protest against an asocial condition. Instead there assume responsible attitudes." And such personali- are orgies of random activities, of lust for sex and ties need not take shape only as criminals and delin- payola, of ambitions tuned to success, the special quents but may be reflected in other types of ir- talent, as someone put it, of those who have no responsibility of which the law takes little or no talent, or of crime-all manifestations of boundless notice. In fact the more perverse and dangerous energy, but with no real power within. forms of personality deviation symbolized by ag- The American character is essentially egotistical gression and an irrepressible urge to dominate and asocial, ever striving to find its own peculiar others are those which reach their ultimate forms niche, a spot which, in the end, may prove to be of expression within the existing institutional struc- inimical to his very nature. His social relations ture. Since positions of power attract such aggres- are fluid and formless. No one is more addicted to sive and egocentric types, we often view the spec- the concept "community" and yet so indifferent to tacle of criminals prosecuting criminals! It is a it in reality, no one so willing and ready to sepa- matter of what types of anti-social or abnormal rate himself from every social mooring, to run behavior the society will tolerate. Excesses of wherever the fortunes of dollars and status happen power and avarice are in conformity with our to drag him. Freedom in America is the right to standards if displayed by those on the way up, or break away. And when he is not climbing up in so- by those already there. It might be profitable, or ciety, or running away from it, he is taking the at least interesting, to put some promising doctoral criminal's path of running straight into it. The candidate on the track of executives in business, tantalizing promises of success are still held out to labor, religion and government, and of profes- him, his appetites keyed up to the breaking point sional case workers, psychiatrists and psycho- by the hucksters' din, only to be disappointed and analysts. How do they compare in personality and disillusioned by the stark realities. Crime may background with our delinquents and criminals? often be his revenge for the dashing of hopes, In many cases I should venture to guess that the promises and ambitions bred from and nourished similarities would be remarkable indeed! in a criminal philosophy of life. The problems we face today, in this and in other The American temperament is a criminal tem- fields, may be the result of a number of factors perament sprung from an undisciplined indi- which we will never be able to put together into a vidualism. The exaltation, the deification of success meaningful theory. We must try at any rate. We selects those who can manipulate, "put one over" may start at almost any point, perhaps with the on someone, who can circumvent the law, who can observation that many of the individual's func- literally "get away with murder." tions in life have been passed onto the state. The The American temper also continues to persist modern American is materially relatively secure, in the illusion of classlessness so that social energy but he is personally insecure and anxious. With among us is wasted either in aimless, diffuse, ex- the tremendous ballooning of authority, he has cess sociability or, with no social ideal or movement to give conscious direction to our frustrations and 4 4 COMFORT, AurHoRiTy AND DELINQUENCY IN THE discontents, in anti-social behavior. Rather than MoDERN STATE (London, Routledge and Kegan Paul, 1950). becoming socially conscious or revolutionary, we LEWIS DIANA [Vol. 51

become Masons or criminals. This inability to ALLEN, PSYCHOTHERAPY WITH CHILDREN (New York, identify oneself consistently with one's particular W. W. Norton & Co., 1942). BEARD, JUVENILE PROBATION (N. Y., American Book class results in a sociological dualism that casts Co., 1934). doubt in one's own mind as to what he really is and BERTOLINE, JUVENILE COURT OF ALLEGHENY COUNTY (Unpublished Master's Thesis, University of Pitts- disrupts the achievement of balance and stability burgh, Pittsburgh, 1941). of character. The conflict deepens, too, when, un- BLANSHARD, PROBATION AND PSYCHIATRIC CARE FOR aware of his fundamental class relationship to his ADOLESCENT OFFENDERS IN NEW YORK (Society for the Prevention of Crime, 1942). society, he feels drawn to it directly. But that so- BURKE, YOUTH AND CiRn (U. S. Dept. of Labor, ciety, dedicated to a bourgeois existence, has never Children's Bureau Publication No. 196, 1930). been imbued with CHUTE & BELL, CIME, COURTS AND PROBATION (N.Y., and has never produced a real MacMillan, 1956). spirit of solidarity among its people. It has pro- COOLEY, PROBATION AND DELINQUENCY (Catholic duced little that is socially substantial; it has pro- Charities of the Archdiocese of New York, 1927). COOPER, PROBATION (London, Shaw & Sons, 1949). duced only a philosophy of every man for himself. DRESSLER, PROBATION AND PAROLE (New York, Co- But the clinican will, I suspect, for some time to lumbia University Press, 1951). come continue to see the anti-social man as a sick DRESSLER, PRACTICE AND THEORY OF PROBATION AND PAROLE (N. Y., Columbia University Press, 1959). man. He will urge more and better clinics and more FLEXNER, JUVENILE COURTS AND PROBATION (New and better trained case workers, psychologists and York, The Century Co., 1914). GARRETT, INTERVIEWING, ITS PRINCIPLES AND psychiatrists. It would be worthwhile to METH- investigate ODS (New York, Family Welfare Association of to what extent the clinical professions attract America, 1942). people with a basic impulse to direct and control GLOVER, PROBATION AND RE-EDUCATION (London, Routledge and Kegan Paul, 1949). the lives of others. It is certainly not improbable GLUECx, PROBATION AND CRIMINAL JUSTICE (The that, in many cases, the therapist or counselor Macmillan Co., N. Y., 1933). gains a great deal more in ego support from the HAmLTON, THEORY AND PRACTICE OF Soc=. CASE WORK (New York, Columbia University Press, therapeutic situation than does the patient! In fact, 1940). what has been said above may apply to clinical HAMILTON, THEORY AND PRACTICE OF SOCIAL CASE- woRK (2d ed., personnel in whom hostility rev., N.Y., Columbia University and the compulsion to Press, 1951). dominate others may appear as the other side of HEALY & BRONNER, DELINQUENTS AND CRIuNALs, the coin. And the remainder of us will probably THEIR MAKING AND UNMAKING (New York, The Macmillan Co., 1926). continue to rely on the very institutions which HEALY & BRONNER, NEW LIGHT ON DELINQUENCY AND threaten to, or already have, eclipsed the possi- ITS TREATMENT (New Haven, Yale University bility of much more enlightenment. It may be time Press, 1936). HOLLIS, SOCIAL CASE WORK IN PRACTICE (N. Y., Fam- to look to extra-institutional means by which in- ily Welfare Association of America, 1939). dividual behavior may be rationally developed and HOWARD, USE OF PROBATION IN A JUVENILE COURT (Unpublished controlled, for institutions M.S. Thesis, University of Pitts- alone, I suspect, have burgh, 1941). not all the power we have attributed to them. In JOHNSON, PROBATION FOR JUVENILES AND ADULTS any event, in the final analysis, as Comfort has (New York, The Century Co., 1928). KEVE, PRISON, PROBATION, OR PAROLE? (Minneapolis, said, ".... a statement of the desirable pattern of University of Minnesota Press, 1954). individual conduct makes nonsense without an ex- LENROOT & LUNDBERG, JUVENILE COURTS AT WORK tension of the description to cover the type of so- (Washington, U. S. Children's Bureau Publication ' 4 No. 141, 1925). ciety in which such conduct is possible. LOWRY (ed.), READINGS IN SOCIAL CASE WoRK (N. Y., Social scientists apparently fear the prospect of Columbia University Press, 1939). LUTZ, CONCEPTS AND PRINCIPLES viewing their fields in political UNDERLYING SOCIAL terms. But if the CASEWORK PRACTICE (N. Y., National Association institutional ethics of power are not examined and of Social Workers, 1956). attacked, if need be; if, instead of disentangling MINNESOTA STATE ASSOCIATION OF JUVENILE COURT JUDGES, JUVENILE COURT MANUAL OF POLICY, ourselves from the decayed and decaying elements PRACTICE AND PROCEDURE IN THE MINNESOTA of our society we, on the contrary, continue to JUVENILE COURTS (undated). identify with them and invest our future in their M ONACHESI, PREDICTION FACTORS IN PROBATION (Han- over, N. H., The Sociological Press, 1932). fortunes, then our prospects are dark indeed. NATIONAL PROBATION AsSOCIATION, THE JUVENILE COURT OF ALLEGHENY COUNTY (New BIBLIOGRAPHY York, 1927). NATIONAL PROBATION AND PAROLE ASSOCIATION, Books ADULT PAROLE AND PROBATION (Oregon, 1958). AiCHORN, WAYWARD YOUTH (New York, The Viking , PROBATION, WHAT Is IT? How DOES IT WORK? Press, 1935). (pamphlet, no date). 4 5 -, THE JUVENILE COURT STEPS IN (pamphlet, no Ibid. date). WHAT IS PROBATION?

-, HEADING OFF JUVmILE DELiNQxUENCY AND ANDERSON, Counsdor-Child Relationship, NAT'L PRO- CRns (pamphlet 1950). BATION ASS'N YEARBOOK 102 (1951). NEUIEYER, JUVENILE DELINQUENCY IN MODERN SO- APTEKAR, Evolving Concepts in Casework and Counsel- cIETY (New York, D. Van Nostrand Co., Inc., ing, 28 Soc. SERV. REV. 74 (1954). 1949). ARNoLD & WITMER, Recidivism Among Juvenile Delin- NEvwmA (ed.), SOURCEBOOK ON PROBATION, PAROLE quents Examined by the Illinois Institutefor Juvenile AND PARDONS (Springfield, C. C Thomas, 1958). Research, 6 SMTH COLLEGE STUDIES IN SOCIAL NEW YoRK SCHOOL OF SOCIAL WoRK, SOCIAL CASE WORK 293 (1936). WORK (N. Y., Columbia University Press, 1933). BALDWIN, Selection and Training of Probation and At- PIGEON, PROBATION AND PAROLE IN THEORY Am PRAc- tendance Officers, CONFERENCE or CHARITIES AND TICE (N. Y., National Probation and Parole Asso- COREcToN, NAT'L PROCEEDINGS 390 (1911). ciation, 1942). BARNES, Crime Complex; Modern Methods in Treating RXCIxEss, JUVENILE DELINQUENCY (New York, Mc- CriminalsScientifically, N. Y. Times, vol. 21, Dec., GRAw HILL BOOK Co., 1932). 1924 (Current History Magazine), p. 359. ROGERS, CLINICAL TREATMENT OF TH PROBLEM CMIT BARROWS, Friendly Side of Probation, 26 SURVEY 337 (Houghton Mifflin Co., 1939). (1911). RUBIN, CRM AND JUVENILE DELINQUENCY (N. Y., BARTLETT, Value of Volunteers in Probation Work, 14 Oceana Publications, 1958). CHARTIs AND Tm COMMONS 955 (1905). RUMNEY & MURPHY, PROBATION AND SOCIAL ADJUST- BATES, H. P., Digest of Statutes Relating to Juvenile mENT (New Brunswick, Rutgers University Press, Courts and Probation Systems, 13 CHARITIES AID 1952). Tm COMMONS 329 (1905). RUSSELL SAGE FOUNDATION, PROBATION: A SELECTED BATES, L., Next One Hundred Years in Probation, 7 BIBLIOGRAPHY (N. Y., 1948). VITAL SPEECHES 625 (1941). SOCIAL SCIENCE RESEARCH CoUNcIL, A GUIDE TO MA- BATTLE, Newer Justice, 68 REvIEw oF REvIEws 417 TERIAL ON CRnal (N. Y., The H. W. Wilson Co., (1923). 1929). BECK, Research Relevant to Casework Treatment of Chil- STERN, THE WoRK OF TIKE JUVENILE COURT Or AL- dren: Current Research and Study Projects, 39 So- LEGHENY COUNTY (Pa. Committee on Penal Af- cIAL CASEWORK (1958). fairs of the Public Charities Association, 1931). BEITLER, Juvenile Court in Philadelphia,20 ANNALS 271 SuTnERLAND, PRINcIPLEs Or CRIMINOLOGY (Philadel- (1902). phia, J. B. Lippincott Co., 4th ed., 1947). BELL, D., Crime as an American Way of Life, 13 ANn- TAPPAN, JUVENILE DELINQUENCY (New York, McGraw OCR REv. 131 (1953). Hill Book Co., Inc., 1949). BELL, M., They Straighten Bent Twigs: Women Proba- TIMwAsEFF, ONE HUNDRED YEARS OF PROBATION tion and Parole Officers, 19 INDEPENDENT WOMAN.i (N. Y., Fordham University Press, 1942). 108 (1940). UNITED NATIONS, DEPARTMENT OF SOCIAL AFFAIRS, -, Courts and Case Work; Reply to T. D. Eliot, 61 PROBATION AND RELATED MEASURES (N. Y., Co- SURVEY 91 (1928). lumbia University Press, 1949). -, Meet Mr. ProbationOfficer, 63 SURVEY 71 (1929). U. S. NATIONAL COMUSSION ON LAW OBSERVANCE, BEmTT, Probation and Parole Among the States, 30 REPORT ON PENAL INSTITUTIONS, PROBATION AND STATE Gov. 130 (1957). PAROLE (Washington, U. S. Government Printing BENmy, Role of the Caseworker in Rehabilitation, 36 Office, 1931). SOCIAL CASEWORK 118 (1955). VAN WATERS, YOUTH IN CONFLICT (N. Y., Republic BERKOWITZ, Administrative Process in Casework Super- Publishing Co., 1926). vision, 33 SOCIAL CASEWORK 419 (1952). WILLIAMSON, THE SOCIAL WORKER IN THE PREVEN- BIALOSKY, Understanding the Delinquent, YEARBOOK, TION AND TREATMENT Or DELINQUENCY (N. Y., NAT'L PROBATION AND PAROLE AsS'N (1939). Columbia University Press, 1935). BIESTEK, Analysis of the Casework Relationship, 35 WOOD & WAITE, CRIME AND ITS TREATMENT (N. Y., SOCIAL CASEWORK 57 (1954). American Book Co., 1941). BOLSTER, Adult Probation, Parole and Suspended Sen- YOUNG, PRINCIPLES AND METHODS OF PROBATION (Los tence, 1 J. CRIw. L. & C. 438 (1910). Angeles, Western Educational Service, 1935). , Adult Probation, 52 ANNALS 132 (1914). YOUNG, SOCIAL TREATMENT IN PROBATION (McGraw BONNER, Techniques in Interviewing, 7 FEDERAL PRO- Hill Book Co., 1937). BATION 10 (1943). YOUNG, SOCIAL TREATMENT IN PROBATION AND DE- BOWERS, Nature and Definition of Social Casework, 30 LINQUENCY (2d ed., N. Y., 1952). J. Soc. CASEWORK 311, 369, 412 (1949). BRENNER, Utilization of the Court Subculture in Profes- Articles sional Training, 40 SOCIAL CASEWORK 119 (1959). BUTLER, Probationand Parole, CONFERENCE or CHARI- AARONS, Some Problems of Delinquency and Their Treat- TIES AND CORRECTION, NAT'L PROCEEDINGS 88 ment by a Casework Agency, 40 SOCIAL CASEWORK (1911). 254 (1959). CANTER, The Function of Probation,YEARBOOK, NAT'L ABBOTT, E., Probation and Suspended Sentence, 10 J. PROBATION AND PAROLE AsS'N 277 (1941). CR. L. & C. 341 (1919). CHERRY, Supervision of Workers in a Probation Depart- ABBOTT, G., Case Work Responsibility of Juvenile Courts, ment, YEARBOOK, NAT'L PROBATION AND PAROLE NAT'L CONFERENCE Or SOCIAL WORK 153 (1929). ASS'N (1940). ADAMSON & DNH"., ClinicalTreatment of Male Delin- CHEsLEY, Personal Aims and Methods in Social Case- quents, 21 AM. Soc. REv. 312 (1956). work, 55 SURVEY 89 (1925). ADDAMS, Probation Work under Civil Service, 15 CHART- CHUDD & DONNELLY, Characteristicsof the Investigation TIES AD Tm COMMoNs 881 (1906). Processin a Children's Court, 40 SOCIAL CASEWORK ALLEN, Psychic Factors in Juvenile Delinquency, 11 262 (1959). MENTAL HYGIENE 764 (1927). CnTE, Probation a Federal Need, 43 SURVEY 775 Aumn, Juvenile Courts in Buffalo, 20 ANNALS 279 (1920). (1902). -, Probation, 37 SURVEY 367 (1916). , Probationas Punishment, 24 SURVEY 657 (1910). -, Crime Wave and Probation,46 SURvEY 79 (1921). LEWIS DIANA [Vol. 51

, Juvenile Probation, 105 ANN.s 223 (1923). FOLKS, Essentials of Probation, PROCEEDINGS OF NAT'L , Extension of Probation in Criminal Courts, 136 PRISON ASS'N 33 (1907). ANNALS 136 (1928). , Juvenile Probation, CONFERENCE oF CHARITIEs -, Ideals and Realities in the ProbationField, YEAR- ANm COUECTION, NAT'L PROCEEDINGS 117 (1906). BOOK, NAT'L PROBATION AND PAROLE ASS'N (1938). - , Probation Legislation in New York, 18 CHARTs Century of Probation, 153 CATHOLIC WORLD 346 AM THE COMMONS 311 (1907). (1941). , ProbationWork in New York, 1906, 18 CHARITIES , Probation and Suspended Sentence, 12 J. CRim. L. AND THE COMMONS 313 (1907). & C. 558 (1922). -- , Situation in New York, 16 CHARIIES AND THE Probation, 37 SURvEy 367 (1916). CoMMoNs 243 (1906). Development and Status of Probation, PROCEED- -- Juvenile Probation in New York, 23 SuaVEY 667 INGS OF NAT'L PROBATION Ass'N 291 (1924). (1910). CLELAND, New Gospel in Criminology;Municipal Court - , Probation System, Its Values and Limitations, of Chicago, 31 MCCLURE'S 358 (June 1908). CHILD CONFERENCE FOR RESEARCH 224 (1910). CLINARD, The Group Approach to Social Reintegration, FOXE, Freud's Contribution to an Understanding of De- 14 Am. Soc. REv. 257 (1949). linquency, 10 Am. J. ORTHOPSYCHIATRY 863 (1940). COHEN, Probationas a Social Case Work Process, YEAR- FRANKLIN, Workshop of a Probation Officer, 11 CHARI- BOOK, NAT'L PROBATION AND PAROLE ASS'N (1945). TIES AND THE COMMONS 414 (1903). COLLINS, Placing Misdemeanants on Probation, CON- FREscm, Where ProbationFails, 57 HAnPER'S WEEKLY FERENCE OF CHARITIES AND CORRECTION, NAT'L 12 (Jan. 18, 1913). PROCEEEDINGS 89 (1911). FRIDAY, Court Studies from Life, 15 CHARITIES AND THE CooLEY, Current Tendencies in Adult Probation, PRO- COMMONS 79 (1905). CEEDINGS OF INAT'L PROBATION AsS'N 146 (1918). -, Work of the Probation Officer Among Children, 13 -, Administrative vs. the Treatment Aspects of Proba- CHARITIES AM COMMONS 357 (1905). tion, NAT'L CONFERENCE OF SOCIAL WORK 154 -, Work of the Probation Officer in Court, CONFER- (1920). ENCE OF CuARITIES AND CORRECTION, NAT'L PRO- - ,Prison or a New Chance, Which?, 69 FoKms 1652 CEEDINGS 136 (1906). (1923). GABowER, Motivating the Delinquent to Accept Treat- -,Mending Broken Families, 52 LIxRARY DIGEST ment, YEARBOOK, NAT'L PROBATION AND PAROLE 4 (1925). Ass'N (1940). -, Probation: Its Status and Prospects, NAT'L CON- GIBBONS & GARRITY, Some Suggestions for the Develop- FERENCE or SOCIAL WORKc 60 (1927). ment of Etiological and Treatment Theory in Crim- Court of Rehabilitation,28 SURVEY 586 (1912). inology, 38 SocAL FORCES 51 (1959). DECouRcY,Organization of Systems of Probation, CON- GIBSON, Relation of Probation to Other County Social FERENCE OF CHARITIES AND CORRECTION, NAT'L Work, NAT'L CONFERENCE OF SOCIAL WORK 103 PROCEEDINGS 85 (1911). (1925). DESCMwEINITZ, Can We Define Social Case Work?, 75 GILiN, Persistenceof Crime in our Modern Civilization, SuRvEY 37 (1939). NAT'L CONFERENCE OF SOCIAL WORK 148 (1925). DEvINE, Proposed New York System, 15 CHARITIES AND GLuECK, S., Future of American Penology, 2 VITAL THE COMMoONS 896 (1906). SPEECHES 96 (1935). DEWSON, Probation and Institutional Care of Girls, HAGERTY, The Delinquent as a Case Problem, YEAR- CHIL IN THE CITY 355 (no date). BOOK, NAT'L PROBATION AND PAROLE ASS'N DoRE, Another Chance for the Bad Boy, 25 HAmpoN's (1935). 797 (1910). HALL, Social Case Work in Probationand Parole,YEAR- , Reclaiming the Wayward Girl, 26 HAMPTON'S 797 BOOK, NAT'L PROBATION AND PAROLE ASS'N (1911). (1942). DuNHs., Juvenile Court: Contradictory Orientations in HAMILTON, Role of Social Casework in Social Policy, 33 Processing Offenders, 23 LAw & CONTEm. PROB. SOCIA. CASEWORK 315 (1952). 508 (1958). HARRIS, Massachusetts Probation System, 10 CnARITES ELIOT, A., American Probation System, 9 CHARITIES AND THE COlmtONS 84 (1900). AND amH COMMaONS 279 (1902). HENDRICK, Probation at the Federal Level, Paper pre- ,Impressions of Probation Work, 8 CARITIEs AND sented at the Eastern Regional Meeting of the THE CoMMoNs 233 (1902). Pennsylvania Association on Probation and Parole, ELIOT, T. D., Should Courts Do Case Work?, 60 SuRvEY Media, Pa., Nov. 28, 1950. 601 (1928). HENDRY, The Contribution of Group Work to Case Work , Case Work Functions and Judicial Functions: with Delinquents, YEARBOOK, NIAT'L PROBATION Their Coordination, YEARBOOK, NAT'L PROBATION AND PAROLE ASS'N (1940). AND PAROLE ASS'N (1937). HILLER, The Juvenile Court as a Case-Working Agency, -, Case Work for Courts? Rejoinder to Mr. Bell, 61 PROCEEDINGS NAT'L PROBATION ASS'N 206 (1926). SURVEY 520 (1929). HOFFMAN, Probation as a Juridical Policy, PROCEED- EMERY, Mental Diagnosis and Probation, 194 ANNALS INGS, NAT'L PROBATION ASS'N 17 (1919). 184 (1930). HURLEY, Juvenile Probation, CONFERENCE OF CHARI- Emptying the Jails;Probation System in N. Y. City, 100 TIES AND CORECTION, NAT'L PROCEEDINGS 225 THE INDEPENDENT 40 (1919). (1907). Essentials of Probation, 15 CHARITIES AND THE Com- JACOBY, New Approach to the Problem of Delinquency; MONS 364 (1905). Punishment versus Treatment, NAT'L CONFERENCE Federal Probation,42 SURvEY 404 (1919). FERGUSON, Saving the Probationers, 75 EDUCATIONAL OF SoCIAL WORK 175 (1926). REv. 142 (1928). JAYNE, Probationand the Criminal Law, PROCEEDINGS, FIBUSH & REEVE, Some Current Contradictions in the NAT'L PROBATION ASS'N 175 (1922). Field of Casework, 40 SOCIAL CASEWORK 17 (1959). JOHNSON, Adult ProbationResults, PROCEEDINGS, NAT'L Fifty Years of Probation,61 SuRVEY 220 (1928). PROBATION ASS'N, 124 (1926). 1960] WHAT IS PROBATION?

JoNES, Probation in Practice, 17 CHnmTs AND THE - , Probationat the Crossroads, PROCEEDINGS OF NEW COIONS 980 (1907). YORK STATE CONFERENCE OF CHARITIESAND COR- KEIr-LUCAS, Political Theory Implicit in Social Case- RECnoNs 24 (1924). work Theory, 47 Am. POL. Scs. REv. 1076 (1953); - , Training for and on the Job, YEARBOOK, NAT'L Reply, 28 Soc. SERV. REv. 205 (1954). PROBATION AND PAROLE: ASS'N (1938). KEYs, Cases of the Childrens Court, 18 WoRLD's WoRK: NETTLER, Antisocial Sentiment and Criminality,24 AM. 11612 (1909). Soc. R-Ev. 202 (1959). KiLBRIDE, Probation and Parole in their Relation to New Illinois Law on Adult Probation, 26 SuRvEY 18 Crime, 7 J. CM. L. & C. 173 (1916). (1911). KING, Police Court Probation Work, 9 CHmAms Alm New York Crine Com'n, A Study of Problem Boys THE COMONS 261 (1902). and Their Brothers; Case Studies of Delinquents and LA E, Aggressive Approach in Preventive Casework Non-delinquents in the Same Family, Report 52 Will; Children'sProblems, 33 SocI.A CAsEwoRK 61 (Albany 1929). (1952); MOSTOWsHr-SisONOLEwicz, Reply, 33 New York ProbationAssociation, 20 CHARI s AND THE SociAL CASEwoRK 164 (1952). COMMvONS 385 (1908). Largest Probation Clinic, 41 Su- vEY 670 (1919). New York State Probation Commission, 20 CHARITIES LATHEOP, Development of the Probation System in a AND THE COMMONS 867 (1906). Large City, 13 CHARITEs AND im COmMONS 344 NORTON, ProbationOfficer Comes Up for Air, 69 SURVEY (1905). 215 (1933). LEWIS, Principle of Probation, 179 N. AM. REv. 207 OLSON, Adult Probation, CONFERENCE OF CHARITIES (1904). AND CORRECTION, NAT'L PROCEDINGS 57 (1910). LINDSEY, Probation and the Criminal Law, PROCEED- PAGE, Probation as a Treatment of Crime, 120 19TH INGS, Am. PRISON ASS'N 84 (1909). CENTUY AND AFTER 216 (1936). LONG, A Yardstick for Measuring Juvenlie Courts, 6 PARSONS, H. C., Probationand Suspended Sentence, 8 J. FEDERAL PROBATION (1942). Cssm. L. & C. 694 (1918). Loud Call upon Reformers of Criminal Law, 115 OuT- - , Probation and Parole; Report of the Sub-Commit- LO K 222 (1917). tee, NATL CONFERENCE OF SocIAL WORK 113 LucEY, Probation and Crime, 22 ComoMNwEAL 401 (1919). (1935). -, Probation8 Years After, 52 SURvEY 231 (1924). LmAS, Peno-Correctional Philosophy in Retrospect, -, Minimum Standards of Probation, PROCEEDINGS NAT'L CONFERENCE OF SOCIAL WORK 352 (1948); OF AMERICAN PRISON ASS'N 45 (1920). also, NAT'L PROBATION ASS'N YEARBOOK 15 PARSONS, P. A. Qualifying Workers for the Correctional (1948). Field,YEARBOOK, NAT'L PROBATION ASS'N (1938). 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