Pros And Cons Of Probation

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The probation law places disqualifications in order to filter those accused individuals who deserve the grant and those who do not. It is not for the purpose of spiting or just for barring individuals to acquire probation. The reason for it is to ensure that the convicted individuals to be granted probation truly deserves it and did apply for the sake of the opportunity to reform and not to escape a prison sentence. Probation should not be treated as an “escape hatch” or as a last resort if an appeal is denied. It should be chosen at the earliest opportunity so as to prove that the accused individual willfully and wittingly choose to reform. To choose probation is to give the court the assurance that one will not take part in any activity that is considered illegal or immoral. It is the courts’ duty to provide conditions to the…show more content…
It must a “rebuttable presumption”. In order to know when to apply the doctrine, the court must always consider the ever-changing circumstance of society, the advance and progress in law, as well as its “workability, reliance x x x along with the additional factors of the impact on liberty and the availability of alternatives to deviating from the precedent”. The maxim is intended for the law to develop in a manner that is progressive and upright. It “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” The role of stare decisis is indeed important, but a stringent application of which will only lead to the rigidity of the justice system. It is also important that the courts be made capable of correcting past errors in judgments. This is done by revising the decisions of past cases in the frame of the current situation of society. Also with regard to “policy, politics, and
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