Thursday, July 23, 2015

Should There Be Limits on the Extent to Which a PO Can Mess With Your Life?

We all know probation and parole officers who overstep the bounds of their authority just because they're dealing with SOs. A lawsuit in New York is testing the extent to which POs can interfere with lives, and it might result in significant financial compensation to the SO who brought the suit. That would would be nice. Read the story here.

1 comment:

  1. POs do not have unbridled Authority that they believe they have even the courts do not have the ability to apply restrictions unrelated to the crime for people on parole and probation. And if the courts don't have that authority then, quite obviously the POs don't
    California Sex Offender’s Probation Travel Restrictions Abated
    https://www.prisonlegalnews.org/news/2009/feb/15/california-sex-offenders-probation-travel-restrictions-abated/
    http://www.middlegroundprisonreform.org/community-supervision-probation.html
    A judge improperly barred a convicted sex offender from viewing pornography
    http://online.wsj.com/article/AP24d843af7f4146a78a475212daeb0d1d.html

    "The trial court is given wide discretion in establishing conditions of probation, and the order of the district judge providing for probation will be overturned only if it is abuse of discretion. ( United States v. Kahl, 583 F2d 1351 (CA5 Tex 1978). ) While the court can adopt terms and conditions of probation recommended to it by an administrative agency of government, the court cannot delegate its power to fix terms and conditions of probation ( Whitehead v. United States, 155 F2d 460 (CA6 Tenn 1946). ) or to determine the parties aggrieved, the amounts to be paid, and the time and manner of payment.United States v. Mancuso, 444 F2d 691 (CA5 La 1971). ) ( United States v. Shelby, 573 F2d 971 (CA7 Wis 1978). ) The court must orally give the conditions of probation, ( Buhler v. Pescor, 63 F Supp 632 (DC Mo 1945). ) and when there is a discrepancy between conditions given orally and conditions given in writing, the oral statements control (except in situations in which the conditions in question are standard conditions). ( United States v. Mesfin Haile Tulloch, 380 F3d 8 (CA1 Mass 2004). )
    Other areas where parole and probation and the courts have overstepped their boundaries are Reporting of significant romantic relationships,Alcohol and drug prohibition, treatment and testing, Employment, Third party notification, Internet restrictions, Cohabitation, Mental health treatment or examination, Involuntary medication, Travel restrictions

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