probatio

Probatio is Latin for testing, trial, or proof, from probare (to test, to prove). The word entered English in the fifteenth century with a general meaning of testing or trial. Its criminal justice meaning — a supervised sentence served in the community instead of in prison — was a nineteenth-century innovation. John Augustus, a Boston cobbler, is credited as the 'father of probation.' In 1841, he persuaded a judge to release a man convicted of public drunkenness into his custody. Augustus supervised the man and reported back to the court. The man stayed sober. The experiment worked.

Massachusetts formalized probation in 1878, becoming the first state to create a statutory probation system. Other states followed. By the early twentieth century, probation was standard in American courts. The concept was rehabilitative: a convicted person could serve their sentence in the community, under supervision, as long as they met conditions — employment, sobriety, curfew, regular check-ins with a probation officer.

The scale of American probation is staggering. As of 2023, approximately 3.5 million Americans are on probation at any given time — far more than the roughly 1.2 million in prison. Probation is the most common criminal sentence in the United States. Most people in the criminal justice system are not behind bars. They are on probation, being tested.

The conditions of probation have expanded over time. Drug testing, electronic monitoring, community service, mandatory counseling, curfews, travel restrictions, and financial obligations (fines, fees, restitution) can all be conditions of probation. Violating any condition can result in revocation — the judge can impose the original prison sentence. The test is ongoing. The passing grade is compliance.