RE: LAW: PA and Sherman Austin case

From: Hal Finney (hal@finney.org)
Date: Thu Sep 04 2003 - 19:31:08 MDT

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    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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