Questions

FLORES, SHAMELLE ANN C.
BS-CRIMINOLOGY 2-E
1. The procedure for the grant of probation varies from jurisdiction to jurisdiction, but generally, it
involves the following steps:
- Application: The offender who meets the eligibility criteria can request probation by making an
application to the relevant authority, usually the court or probation department.
- Investigation: The probation officer or a designated official then conducts an investigation into the
offender's background, criminal history, and circumstances. This investigation aims to assess the
suitability of the offender for probation.
- Probation Report: The probation officer prepares a probation report, which includes information on
the offender's personal and criminal history, as well as a recommendation on whether probation should
be granted.
- Sentencing Hearing: The court reviews the probation report and takes it into consideration during a
sentencing hearing. The court may consider factors such as the seriousness of the offense, the
offender's criminal record, and the likelihood of the offender's successful rehabilitation.
- Decision: Based on the information provided in the probation report and the court's consideration of
relevant factors, a decision to grant or deny probation is made. If probation is granted, the court may
impose certain conditions that the offender must abide by.
2. Recidivism refers to the re-offending or relapse into criminal behavior by a person who has already
been involved in criminal activity. Habitual delinquency, on the other hand, refers to a situation where
an offender consistently engages in repeated criminal behavior, often involving a pattern of offenses. It
is usually associated with juveniles who have a history of multiple criminal acts.
The key difference between recidivism and habitual delinquency lies in the frequency and pattern of
criminal behavior. Recidivism can apply to individuals of any age who have been previously involved in
criminal activity, while habitual delinquency specifically refers to persistent and repeated youth
offenders.
3. The Executive Clemency Power of the President refers to the authority granted to the President of a
country to pardon or commute the sentences of individuals who have been convicted of crimes. This
power is derived from the country's constitution or relevant legislation, and it allows the President to
intervene in the criminal justice system to provide forgiveness, leniency, or relief to offenders.
The nature and concept of executive clemency power vary across jurisdictions, but some common
purposes include correcting potential errors in the legal system, promoting rehabilitation, and showing
mercy or compassion. The power typically allows the President to grant pardons, commutations,
reprieves, and other forms of official forgiveness. The President may use this power based on their
discretion or following the advice and recommendations of a designated committee or agency.
4. If given a chance to change one of the disqualifications for probation, a potential change could be the
elimination of the disqualification based on prior convictions for certain offenses. Currently, many
jurisdictions disqualify individuals who have been convicted of certain serious crimes, such as violent
offenses or sex offenses, from being eligible for probation.While the intention behind this
disqualification is to prioritize public safety and ensure the protection of victims, it may inadvertently
overlook the potential for rehabilitation and the individual circumstances of the offender. It is important
to recognize that individuals with prior convictions for serious offenses can still have the capacity for
change and successful reintegration into society.
By removing or modifying the disqualification based on prior convictions, the focus of probation can
shift towards assessing the individual's readiness for rehabilitation, willingness to comply with
conditions, and potential for successful reintegration. It would allow for a more holistic and
individualized approach to determining eligibility for probation, recognizing that each case is unique.
This change could be accompanied by a more detailed evaluation process, taking into account factors
such as the nature and severity of the prior offense, the individual's behavior and progress since the
conviction, and any mitigating circumstances or successful rehabilitation efforts. It would also ensure
that individuals who have demonstrated significant personal growth and transformation are not
automatically barred from receiving the benefits of probation.
Ultimately, the goal is to strike a balance between public safety concerns and recognizing the potential
for personal development and rehabilitation. By removing automatic disqualifications based solely on
prior convictions, the justice system can approach each case on an individual basis, considering the
specific circumstances and potential for successful reintegration into society.

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FLORES, SHAMELLE ANN C.

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