Adult Probation in America: Its Role in Restorative Justice

Abstract

Probation is the most pervasive arm of America’s vast correctional scheme. Today, approximately 75% of all felons are under some form of community-based supervision with an additional large number of misdemeanants being serviced by state and local probation departments. Sheer numbers alone give us pause to examine probation’s role in a restorative justice model. But it is also the rhetoric included in statutes and formal and informal probation policy that demands attention. Such broad mandates affect the victim, the offender, and social objectives embraced by community correction initiatives. The constraints and latitudes, within which most probation departments seesaw, are critical elements to be considered by restorative justice advocates.In short, probation as the largest community corrections body, is akin to the mad hatter. So many hats and so many roles can provide either an obstacle or an opportunity for a proactive victim-offender role. This paper presents arguments against and for probation as a proponent of restorative justice. It culminates with a research agenda that builds upon probation’s inherent strengths.