Probation Process Research Articles

Probation fear in new starters: understanding and alleviating concerns

Purpose This “viewpoint” paper aims to explore the root causes of probation fear, including worries about job security, performance expectations, cultural fit and feedback. It seeks to examine the impact of these fears on employees’ mental health, job performance, work relationships and career progression, as well as the broader implications for employers, such as increased turnover and training costs. Leadership’s role in creating a supportive environment and encouraging feedback is emphasised. Design/methodology/approach This paper uses a combination of author observations and literature to explore the intricacies of probation fears faced by employees during the probation process. Findings Author observations and literature show that the impact of probation fear is not strictly limited to the employee who is going through the probation process. It is suggested that by addressing probation fear, a more inclusive, supportive and productive workplace can be created. In a collective effort, Employers can implement transparent communication, structured onboarding, supportive feedback, mentorship programs and foster psychological safety and employees can seek clarity, build relationships, prioritise self-care, focus on learning and engage in professional development. Research limitations/implications As this paper includes observations from the author the paper could suffer from the writer’s biases even though this is unintended. Originality/value To the best of the authors’ knowledge, as this paper includes observations by the author, this study is original. This paper also provides value to both HR and front-line managers involved in the employee probation journey where the exploration of probation fear is under-researched.

‘But by the Eyes of His Trustees’: the Emotions and Post-Mortem Strategies of Will-Writing in Restoration London, 1660–1700’

ABSTRACT Wills made in the English probate system during the seventeenth century were emotion-filled documents that allowed their testators to continue to speak and influence the living after their deaths. Read aloud during the probate process, their terms carried out by representatives appointed in an emotionally reciprocal exchange, and made available for public consumption in records offices after the death of the will-maker, wills allowed the words used and their self-fashioning to linger in minds and memories. Beyond words, early modern testators left bequests of personal items, charitable gifts, and material goods, all grounded in emotional meaning. This article examines a sample of seventeenth-century wills written by Londoners during the restoration of the English monarchy (1660–1700). Through linguistic and socio-cultural analysis, it finds that early modern Londoners intentionally utilised their wills to express expectations of their surviving kin which were grounded in emotional terms, and to maintain post-mortem relationships with their living executors from their positions in death in order to ensure their ongoing influence.

Particularities of the burden of proof in the special procedure

A crucial prerequisite for a lawful and well-founded court decision is the establishment of pertinent circumstances relevant to the case, and this establishment is accomplished through the probation process. The burden of proof refers to the responsibility of a participant in legal proceedings to substantiate specific factual circumstances. The allocation of this burden hinges on the nature of the civil proceedings in question. Based on the nuances of the special procedure, it can be generally stated that the primary burden of proof rests with the petitioner, while other concerned parties assume this responsibility only secondarily, particularly if they won’t face direct adverse consequences in the process. The fundamental components of the burden of proof within the special procedure can be brought into focus by scrutinizing the various categories of cases encompassed by it.

A practical analysis of blended training efficacy on organizational outcomes

PurposeThe purpose of this paper is to contribute to the literature of blended learning by practically implementing best practices in employee training.Design/methodology/approachIn response to the Covid-19 pandemic, an organization had modified its training procedures over the course of three years to improve employee and organizational outcomes. Employee candidates who were onboarded into sales positions during the years 2019–2021 were given the opportunity to learn the content in an online format and subsequently evaluated prior to their in-person training and final evaluation to provide them with a self-paced blended learning experience. Both evaluation scores, along with the length it took to complete the trainings, were used to determine the trainings effectiveness and efficiency respectively.FindingsThe findings for the study showed that the organization was successfully able to improve upon the efficiency of the training by reducing training length and the effectiveness by improving employee outcomes.Research limitations/implicationsThe study’s design was limited to the probation process, which resulted in issues drawing conclusions for employee outcomes that were relevant to their long-term organizational success. This emphasizes the importance of comprehensive investigations for future practical studies.Practical implicationsThe findings allow for the improvement of blended learning models within real-world organizational contexts that provide organizations with the opportunity to improve employee outcomes while reducing time costs.Originality/valueThis study provides data from applied blended learning procedures that were validated using empirical findings, which contributes to the practicality of blended learning in workplace training.

‘Yes, I can hear you now …’ Online working with probationers in the Netherlands: New opportunities for the working alliance

Since the start of the COVID-19 pandemic, online supervision has increased markedly, including within the Dutch probation services. In the present research, we systematically collected and analysed both clients and probation officers’ experiences of working online in the prior year. Although the clients were generally positive about remote supervision, some expressed that they missed the personal contact. According to most of the probation officers, remote working is flexible (efficient, saves time, travel costs), appropriate for certain phases of the probation process (especially at a later stage when a working alliance has been established) and particularly suitable for probationers with mild problems and low risk profiles. The general experience was that conversations are both more pragmatic and business-like, which, in turn, can produce both strengths and limitations. Once a foundation has been established, it appears to be possible to continue working remotely with clients, albeit the probation officers stressed that this depended on the type of client, type of offence and risk level.

Succession in the Family Business: The Great Challenge for the Family

One of the most significant challenges facing family businesses, and therefore the most studied, is how to successfully manage succession from one generation to the next. The purpose of this article is to allow the vast quantity of evidence and experience to be contextualised, and enable a better understanding of the challenges, the role the new generation plays, the probate process, the preparation of the successor and the importance of family harmony in family business successions. The paper points to the importance to develop new generation leaders as well as the need to carefully consider when to begin with the succession process. It also highlights that preparing the successor is an evolutionary process and that family harmony is critical to succeed in the process.

Основные направления оптимизации организационно-правового механизма взаимодействия службы пробации Министерства внутренних дел Республики Казахстан с субъектами пробационного процесса

The article deals with the optimization of the organizational and legal mechanism of interaction between the probation service of the Ministry of internal Affairs of the Republic of Kazakhstan and other law enforcement agencies and local Executive authorities. The main directions of optimization of the organizational and legal mechanism of interaction of subjects of the probation process are defined. Attention is paid to the system (methodology) for evaluating the effectiveness of probation subjects, including in the context of their interaction

OBSERVANCE OF HUMAN DIGNITY; EXCLUDING THE EVIDENCE OBTAINED IN VIOLATION OF THIS RIGHT DURING THE PRELIMINARY CHAMBER PHASE

Production of evidence, as a procedural activity carried out by the criminal judicial bodies, must be made in strict accordance with the legal provisions, so as not to harm the rights and legitimate interests of any person; at the same time, the existence of a deontology regarding the methodology of production of evidence is fundamental in the probation process. If the criminal investigation bodies proceed to the production of evidence with non-respect regarding the right to human dignity, the preliminary chamber judge will be able, in accordance with the law, to apply the sanction of exclusion of the evidence.

Substance use profile, treatment compliance, treatment outcomes and related factors in probation: a retrospective file review

Objective In this study, we aimed to investigate the sociodemographic characteristics of the individuals who mandated to the probation unit as the substances they use, their compliance with the programs, treatment outcomes and the relationships between these parameters. Secondly we aimed to determine the predictive factors that guide in taking protective measures. Methods The files of the individuals who applied to probation clinic of Gaziantep 25 Aralik State Hospital between 01.01.2019-31.12.2019 were examined retrospectively. SPSS 22.0 program was used to statistical analysis. Results Totally 1024 cases were included in the study. Most of the cases were between the ages of 16–35 (84.1%) and 68.3% of individuals were primary school graduates. Most (n: 607, 59.3%) were single in terms of marital status. Substance was detected in the urine of 30.3% of the applicants (n: 311). Among the substances detected in urine, amphetamine-methamphetamine was in the first place with 13.6%. In terms of treatment compliance levels of probation, it was seen that 593 (57.9%) reports were prepared as “no treatment required”, 117 (11.4%) were “compliant to treatment” and 303 (29.6%) were “noncompliant to treatment”. A statistically significant difference was found between working status and treatment outcomes (p = 0.001). When the first urine result of the patients were grouped as negative and positive; A statistically significant difference was found between the first urine test and the treatment outcomes and criminal score (for both p = 0.001).There was a statistically significant difference between the status of being a probation measure previously and the outcome of treatment (p = 0.019). Conclusion In our study, the most used substance type was found to be amphetamine-methamphetamine (13.6%). Prevalence in substance use appears to be changing. This is an important finding about the prevalence of use of amphetamine-methamphetamine in Turkey. We suggest that those who have irregular jobs in the probation process, those with substance metabolites detected in the first urine, and those who have previously had probation precautions may have a poor prognosis and that it may be more effective to apply to those profiles in a general program that includes social and occupational fields.

Playing the game? A criminological account of the making and sharing of Probationary: The Game of Life on Licence

This article reflects on the production and dissemination of Probationary: The Game of Life on Licence. Probationary is an artwork in the form of a board game that takes its players on a journey as they navigate the complexities of the probation process. This article explores the interdisciplinary collaborations that underpinned both the making and the sharing of the game and examines the benefits and challenges of working with stakeholders in this way. We suggest that creative methodologies can provide new ways of engaging with research subjects and new means of disseminating academic research with a view to informing change.

Discours de banalisation chez les personnes condamnées : de quelques aspects cliniques en contexte pénitentiaire

ObjectivesThe use of the term “banalization” has become widespread in the judicial and penitentiary context, as a descriptive way for the professional (penitentiary counsellor, psychologist, magistrate, etc.) to account for the gap between an institutionally sanctioned offense and the convicted person's point of view. In this way, we hear in our daily lives about people in the criminal justice system who “banalize their actions.” However, this term lacks a clear definition and an operationality, appearing more as a general category and sometimes as a “catch-all.” This article aims to question the use of banalization in order to give it a more precise definition, in particular, regarding its psychodynamic stakes. MethodStarting from a psychologist's practice in a penitentiary service of insertion and probation, and relying on clinical material around banalization discourse, we propose to develop some aspects of such discursive anchorages that are located at the crossroads of the singular subject and the social reference, or which question the notion of defense mechanism. A detour through the works of H. Arendt will also allow us to extend the theoretical field to categories of thought activity, individual responsibility, relationship to institution and culture (prohibition, law, norms, etc.), and will also illuminate the distinction between banality and banalization. ResultsBanalization discourse demonstrates, for the subject, the psychodynamic stakes in terms of the ability to think through ones actions, to dialecticize one's individual responsibility, and to situate oneself in a relationship with the other. There is, furthermore, a social dimension (rules of living together, normative, instituted) at stake. From this point of view, banalization discourse involves the subject as subject of language and of a social bond, incarnated here in the institutional judiciary and penitentiary context. DiscussionThe discourse of banalization, on the condition of being questioned outside of mere moral considerations or judgments, opens up a complex discursive figure for the professional, in light of psychodynamic determinisms, references to the institutional symbolic framework, and the expression of a language practice within the social bond. Banalization questions, from this point of view, the meaning of the sentence and the probation process put in place around the notion of the offender's accountability. ConclusionsBanalization, beyond the person who minimizes her/his actions, refers to a wider clinical vision in a penitentiary environment, since it touches the subjectivation of the judicial event, the manner in which subjects are included in the social bond and what regulates it, their empathic preoccupations, their ability to conceptualize their actions, their relationship to a common reference point with its necessary limits… In this way, banalization emerges as a figure of language that must be considered in a way that goes beyond the mere description of a representation gap.

PERCEIVED SOCIAL SUPPORT OF JUVENILE DELINQUENTS AND YOUNG OFFENDERS ON PROBATION

Probation system provides an important process to strengthen the juveniles and youngsters’ social support system, development of prosocial behaviours and enable them to reach social resources. This research which was designed as a quantitative research had been carried out for 2-month-period (May-June 2014) and data were gathered by using questionnaire and Provision of Social Relations (PSR) Scale.The research discusses the perception of social support provided by the juvenile delinquents and young offenders on probation at the Directorate of Probation in Ankara, as well as the factors shaping these perceptions. A series of information about the socio-demographic characteristics, families, delinquent behavior and factors related to the probation process was received from 150 juveniles and youngsters involved in the probation system at the Directorate of Probation in Ankara. It was determined that 150 juveniles' perception of social support varies in terms of their education level, birth or adopted parent status, education level of parents, type of family, employment status, type of committed crimes, criminal situation of friends and family, violence in the family, the frequency of substance use, taking support in the process of probation and meeting with the family during probation process. The aim of this research is to determine the perception of social support of the juveniles/youngsters on probation process and to put forward proposals for the development of social support resources of young people involved in the probation system.

Hollowing out probation? The roots of Transforming Rehabilitation

This article provides a critical perspective on the political and policy history of probation in England and Wales to develop a better understanding of how TR came to be. TR was only the latest act in a longstanding process of changing probation to fit ideological ‘flavours’, and we suggest that it is the hidden nature of probation work in combination with a lack of public legitimation work by probation institutions and probation staff that has placed probation in such a vulnerable position.

Lady Bird Deeds and Transfer on Death Deeds

A carefully prepared estate plan often contains personal property which passes outside of the probate process such as beneficiary designations on bank accounts, life insurance, and retirement accounts. With regard to real property (often the family home), inter vivos trusts serve as the traditional non-probate transfer mechanism. Although this technique has many advantages, it adds complexity and cost to the estate planning process, especially for individuals with limited resources. Alternatively, estate planners may decide to use a life estate deed where the client retains a life estate and transfers the remainder interest to the desired recipient. A life estate deed, however, can not be changed after execution, creating problems if the client later wishes to undo the action or change the remainder beneficiary. Modern law now provides two alternatives to inter vivos trusts and life estate deeds: Lady Bird Deeds and Transfer on Death Deeds.

Barriers to Service Provision for Justice-Involved Youth

Despite robust evidence for the efficacy of the Risk-Need-Responsivity (RNR) framework, the needs of youth on community supervision, as identified by risk–need assessments, are frequently not reflected in the services they receive. Potential barriers to recommended service were examined in 219 Canadian youths who were court-ordered to receive forensic assessments. Decreased service was associated with certain criminogenic needs (e.g., antisocial attitudes, substance abuse) that were treatment impeding in nature. Lower treatment receipt was also associated with youth whose parents were detached from the probation process. Furthermore, odds of recidivism increased when youth experienced more lifestyle destabilizers, capacity issues, and systemic barriers, even after accounting for the effect of receiving intervention for identified criminogenic needs. Results suggest the importance of addressing both criminogenic and noncriminogenic factors during probation sentences and call for greater adherence to, and expansion of, the responsivity principle to include the assessment and management of destabilizing and systemic factors.

A Study on the Probation Process of the First-time Juvenile Offenders

A Study on the Probation Process of the First-time Juvenile Offenders

Successions and Title Clearing Manual 2017

These materials have been prepared as a guide for LSU clinic students and others providing pro-bono legal assistance in Louisiana. The materials give an overview of the probate process in Louisiana, common successions issues, and strategies for concentrating title.

Unearthing ‘dead capital’: Heirs’ property prediction in two U.S. southern counties

Heirs’ property is a form of tenancy in common. It is typically inherited land passed to subsequent generations as intestate property, or property inherited outside of the formal probate process, without “clear title.” In economic terms, this form of property ownership can result in inefficient property uses, as owners tend to under-invest in such properties, owing to uncertainties regarding returns on investments. This, in turn, contributes to a diminution of wealth for affected families. Unclear titles also impede homeowners’ ability to apply for various forms of land and home improvement aid offered by federal agencies. As well, tenancies in common have the effect of intensifying already existing vulnerabilities of place, again, because constraints on homeowners’ access to equity make home improvements less likely.The magnitude of the heirs’ property phenomenon is not well-understood. Extant estimates are dated and often not verifiable; and no systematic means of identifying these parcels has been accepted. We present a methodology for assessing the accuracy of predictors typically used to identify heirs’ parcels using logistic models and data from a rural Appalachian county (Leslie County, KY) and a more urban Black Belt11Historically, the southern “Black Belt” referred to rural counties comprising the antebellum plantation South, renowned for its rich, black, fertile soil. Because of the co-existence between these productive lands and high proportions of African American residents, Black Belt now references that sub-region of the U.S. South with counties containing higher than average numbers of African Americans, including both rural and urban counties. county (Macon-Bibb County, GA). This is the first attempt to empirically examine these predictors. Year property was last sold and financial caretaker are the strongest predictors in both counties. Using these indicators, the percent of correctly predicted heirs’ parcels is about 67 percent in Leslie County and 48 percent in Macon-Bibb County. Applications of this methodology for national forest planning are discussed.

Professional standards for teachers—what are they good for?

This article reports on a study of teacher and principal attitudes to newly mandated teacher standards in Australia. The qualitative study of 36 teachers and principals was conducted over 12 months as the new educators in five schools completed a mandatory teacher probation process framed by the teacher standards. The study found positive attitudes to teacher standards from both teachers and principals. Contextual reasons, including teacher ownership over the standards and their implementation, are discussed as possible reasons for the positive manner in which the participants in the study received these new standards for teachers.

Antemortem Probate is a Bad Idea: Why Antemortem Probate Will Not Work and Should Not Work

“The broadest definition ever given to the judicial power confines it to controversies between conflicting parties in interest, and such can never be the condition of a living man and his possible heirs.” Although the Michigan Supreme Court was correct in many ways, their use of the word “never” was an overstatement.2 Despite the case and controversy doctrine and the many other constitutional as well as practical issues that arise from antemortem probate, five states presently allow courts to hear probate disputes before the death of the testator. Among the five is North Carolina, which signed its antemortem probate statute into law on August 11, 2015. North Carolina’s recent enactment falls amid a growing movement advocating antemortem probate statutes in order to curb the ills of the modern probate system. These calls arise from a growing criticism of the traditional probate system caused by a shift in American family make-up. Central criticisms of the traditional probate system are that the testator’s intent is not fully realized, technical errors may invalidate an otherwise valid will, and that funds are inefficiently squandered in spurious will contests. Proponents of ante-mortem probate opine that their system would rid estate planning of these problems, but they fail to take into account the constitutional, practical, and policy objections to their cause. The proponents - most importantly - place too much emphasis on the interests of the person who is dying and not enough emphasis on the people surrounding the testator when she passes away. Antemortem probate is a devise by which normal people with rational sensibilities may be prejudiced. Under the contest model used by Ohio, Arkansas, Alaska, North Dakota, and now North Carolina potential beneficiaries under the will and intestate succession must be notified, but the circumstances under which they are notified can leave normal families in the cold. But the contest model is not even the most favorable model for undue influencers. The other models streamline the probate process even more,11 multiplying the potential that the rightful heirs will be left with nothing. This article is an attempt to neutralize the enthusiasm for antemortem probate as a means to solve the problems endemic in traditional probate law. While proponents claim that antemortem probate is a tool to carry out the testator’s true intent, this article posits that the statutes are more fairly characterized as a tools that complicate the system and mask the testator’s true intent. All proposed versions of ante-mortem probate have practical, constitutional, and policy issues that cannot be overcome.