Perspectives Monograph Series Volume 1:
Legal Issues in Probation and Parole

Introduction to the
Legal Issues Monograph

In this first monograph, we present articles on legal issues drawn from the Perspectives archives. The articles reflect the constantly evolving body of law that affects our work, mostly through subtle shifts but sometimes, significant changes with wide reaching implications.

The job of the probation/parole officer (PPO) is unique in many ways. One facet of that uniqueness is the extent to which the PPO’s work involves the law and the legal system. From sentencing to revocation and many places in between, there are constitutional requirements, legal principles, statutes and case law to be observed and challenging legal issues to be grappled with. While not a lawyer, the PPO must be conversant with many aspects of the law in order to perform effectively. Failure to adequately follow these many requirements can result in inappropriate decisions, ineffective job performance, unsuccessful prosecution of violations, unnecessary exposure to liability and potentially even legal sanctions. There clearly is a great deal at stake.

This monograph is organized into six chapters: Overview, Conditions of Probation and Parole, Search and Seizure and the Exclusionary Rule, Civil Liberties and Collateral Consequences, Liability, and Sexual Harassment. There are obviously many other legal issues that are relevant to probation and parole. We make no claim that this monograph is a complete treatment of the relevant legal issues, rather a representative sampling. Other resources that the reader may find helpful include the Probation and Parole Law Report, a monthly reporter of appellate case decisions on probation and parole from state and federal courts; and the Law of Probation and Parole, second edition, by Neil P. Cohen (West Publishing, 1999). This book is updated every year to keep the content current.

None of the material contained in this monograph should be construed as legal advice. If the reader has any questions about the applicability of any of the materials contained herein to their duties and responsibilities, they should consult their legal counsel.

We thank the authors for their contributions to Perspectives. Their willingness to contribute their significant knowledge and expertise to the journal make this monograph and future ones possible.

Published 2005 : 95 pages
ITEM # PM01

Member $10.00 plus S & H
Non-Member $12.00 plus S & H

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