Diary of an internship in the Pima County Adult Probation Department Item Type text; Thesis-Reproduction (electronic) Authors Warner, Jay L. Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 07/10/2021 16:17:59 Link to Item http://hdl.handle.net/10150/611630 ^ p \ ; 2 J DIARY OP AN INTERNSHIP IN THE PIMA COUNTY ADULT PROBATION DEPARTMENT by Jay L. Warner A Diary Submitted to the faculty of the Department of Public Administration In partial fulfillment of the requirements for the degree of MASTER OP PUBLIC ADMINISTRATION in the Graduate College, University of Arizona 1965 Approved:____________ __________ Director of Internship Date Statement of Purpose The purpose of this Diary is to record some of my daily experiences as an intern with the PlmacCounty Adult Probation Department. This apprenticeship took place during the fall semester of 1964, and consisted of over 400 hours training with the aforenamed department. The greatest part of this diary consists of the recording of some of my experiences as an intern, however, an Introduction and history of probation is included as well as the history and administration of probation in Pima County, Arizona. A section on the Superior Court of Arizona is included which discusses the history, administration and budget making process for one branch of the Arizona Superior Court, that being Pima County. An appendix is included with copies of some of the presentence reports performed by this interne. Concluding statements are also included. SIGNED: 11 ACKNOWLEDGMENTS " This diary is the product of many hours of the study and practice of probation. It is impossible for one person to attempt a project such as this alone and the author is grateful to all the people who helped make this diary possible. The factual content of this diary is footnoted to acknowledge the many references used. I am grateful to the staff of the Pima County Adult Probation Department who helped me in numerous ways: Lionel E. Rombach, Robert E. Long, Daniel Sakall, i Joseph Fobrlslo, Celia McMinn, and Eumella Salgado. I also wish to record my indebtedness to all of the other people who;,comprise the Pima County Courthouse. Special thanks go to Eumella Salgado and Mary 0. Burns who helped this author with the final production of this diary. I also wish to express special appreciation to Dr. Raymond A. Mulligan who not only has helped me with this diary, but has offered his guidance and wisdom to me throughout my studies at the University of Arizona. ill TABLE OF CONTENTS Statement of Purpose . .................. 11 Acknowledgments.................... ... Ill Part I INTRODUCTION .................... ... 1 Probation, Its Historical Origin . 1 The Probation Process . , . 14 The History and Administration of Adult Probation in Pima C o u n t y ............... 26 The History and Administration of the Superior Court of Arizona ............... 39 The Budget of the Pima.County Superior C o u r t ........... ........................ 54 II Diary of an Internship ................... 57 III Conclusion ............................ 124 Appendixes ....... • . ................... 138 Bibliography .................... •.................. 222 iv PART, I INTRODUCTION 1 PROBATION - ITS HISTORICAL ORIGIN The word “probation" comes from the Latin root meaning a period of proving or trial. The theory of probation evolves from antecedent practices, all intended to lessen or otherwise mitigate the severity of the penal 1 code. Probation developed in the United States and in England through the application of various methods for the conditional suspension of punishment. Generally speaking, the court practices in question were adopted from previously existing practices as attempts to avoid the mechanical application of the harsh and cruel precepts of a rigorous, repressive criminal law.1 2 3 In English common law, the courts assumed the power to suspend sentence for specified purposes and periods. It is on this basic authority that the devices which preceded probation rest.^ Probation can be traced from such practices as: benefit of clergy, judicial reprieve, recognizance, bail. 1. David Dressier, Practice and Theory of Probation and Parole (Hew York, Columbia University'i'ress,T9S^p. 6. 2. Charles L. Newman, Sourcebook on Probation. Parole and Pardons (Springfield, Illinois, Charles 0. Thomas, Publisher, T9S4 ), p.~6 2 . 3. Dressier, op. clt.. pp. 6-7. 2 4 and the filing of cases. It is felt, therefore, that these devices should be discussed before embarking on the actual development of probation. Benefit of clergy dates back to the thirteenth century when many felonies were punishable by death under English statutory law. The Church insisted that only ecclesi­ astical tribunals had jurisdiction over members of the clergy. Therefore, benefit of clergy was initiated as a device by which ordained clerks, monks, and nuns accused of a crime, could claim exemption and have their cases transferred to Church courts. However, as monarchial power increased, Henry II insisted that an ordained individual who ran afoul of the law should be tried in a secular court. As a compromise such persons were permitted to claim benefit of clergy in the Crowns' courts. By,the middle of the fourteenth century, benefit of, clergy was extended to certain other categories of defendants, provided that they could read. To prove their ability to read, defendants were often asked to read the following passage from the book of Psalms, "Have mercy upon me, 0 God, according to thy loving kindness; according unto the multitude of thy tender mercies, blot out my transgressions." Due to the fact that afterwards, these defendants were often treated leniently, this selection became known as the "neck verse" as it was often used to 4 4. Edwin H. Sutherland and Donald R. Cressey, Principles of Criminology (Chicago, Philadelphia and New York, <J. .b. Lippincott Company, I960), p. 423. 3 escape the death penalty (hanging). Later, this literacy test became nonexistent and with the knowledge and approval of the judge, a clerk could report that a defendant was able to read even when he could not, and the judge could allow benefit of clergy, if he saw fit. As the State gained in power over the Church, the use of benefit of clergy went out of use. It was abolished for commons in 1827 and for peers in 1841. Benefit of clergy did provide alleviation of sentence but in doing so, it offered none of the features 5 included in the process of probation. Judicial reprieve was a temporary suspension by the court, of either the imposition or the execution of sentence. It was used for specific purposes, such as allowing a convicted person to apply for a pardon or as a temporary delay when a judge was not satisfied with a verdict or again where trial evidence was subject to suspicion. Although judicial reprieve involved only a temporary stay of imposition or execution of sentence, it 6 did lead in some cases, to an abandonment of prosecution. When a defendant was granted a judicial reprieve, he usually remained at liberty pending the final disposition of his case. In judicial reprieve, we find the suspension of sentence as well as the absence of restriction of behavior 7 imposed on a person during such suspension. 567 5. Dressier, op. clt.. pp. 7-8 . 6 . Bewman. on. clt., pp. 62-6 3 . 7. Dressier, op. clt., p. 8 . 4 Recognizance is a legal device which is deeply 8 embedded in English law. The word "recognizance’* itself comes from the latin word "recognoscere," meaning "to recall to mind." It is a bond or obligation entered into by a defendant who binds himself to refrain from doing something, or to do something for a stipulated period. It also obligates the defendant to appear in court on a specified date for trial or for final disposition of his case. Mhen a defendant entered into recognizance, he might, or might not, have to post a monetary bond. If a defendant failed to abide by the terms of his recognizance, the debt he owed to the State would be enforced, whether it meant forfeiture of bond or incarceration, or both. By the nineteenth century, recogni­ zance was being utilized especially in cases dealing with young and petty offenders both in England and New England. It was employed before trial as a conditional disposition upon conviction. The practice of recognizance had some features common to modern probation, such as suspension of sentence, freedom in lieu of incarceration, conditions set upon that freedom, and the possibility of revocation of liberty upon violation of the conditions. However, recognizance did not provide any official supervision of guidance by an officer Q ■ of the court. 8. Newman, op. cit., p. 6 3 . 9. Dressier, op. cit.. p. 9 . 5 Provisional release on bail is a device which may be employed with'.or without the binding over of the defendant on his own recognizance. Provisional release on bail is considered to have contributed significantly to the evolution of pro­ bation as a device for the provisional suspension of 10 punishment. In this procedure, the judge may direct the release of a defendant on recognizance with or without bail or sureties. Bail may be used with or without recognizance. Originally, it was a method of assuring a defendant's appearance for trial, and also of effecting provisional suspension of final disposition of a case. Today, it is used exclusively for the first purpose. In the earliest use of provisional release, the defendant was placed in the custody of those who assured bail for his appearance in court. The sureties, who went ball, therefore, had a financial interest in seeing to it that the defendant abided by the instructions of the dourt.