From: Hal Finney (hal@finney.org)
Date: Thu Sep 04 2003 - 19:31:08 MDT
I believe that probation is a voluntary agreement between the state
and the prisoner. Anyone has the choice to turn down probation and
remain in prison until the end of their term, at which point they will
be released and retain whatever rights and restrictions are common to
former prisoners.
Since most people strongly dislike prison, the state has tremendous
leverage in the bargaining over probation and can essentially dictate
the terms. But that doesn't change the fact that probation is in effect
a favor to the prisoner, letting him out early, and whatever restrictions
are in place are typically less onerous than the alternative which is
to remain in jail.
Now, as a matter of policy, we may prefer to require our law enforcement
agents to offer consistent and fair probation terms, and it is possible
that this case represents a violation of what (some) people would
prefer to see as policy. But I don't see harsh probation terms as a
rights violation.
Hal Finney
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