probation

The evidence which proves a thing; the act of proving; proof; trial; test. Used in the latter sense when referring to the initial period of employment during which a new, transferred, or promoted employee must prove or show that he is capable of performing the required duties of the job or position before he will be considered as permanently employed in such position. As applied to teachers, term means that teacher is on trial, with his competence and suitability remaining to be finally determined. Turner v. Board of Trustees, Calexico Unified School Dist., 121 Cal.Rptr. 705, 535 P.2d 1171, 1178.

Sentence imposed for commission of crime whereby a convicted criminal offender is released into the community under the supervision of a probation officer in lieu of incarceration. State v. Fields, 67 Haw. 268, 686 P.2d 1379, 1387.

It is not a matter of right, but rather is an act of grace and clemency available only to those defendants found eligible by the court. People v. Brown, 172 Cal.App.2d 30, 342 P.2d 410, 412.

It implies that defendant has a chance to prove himself and its purpose is reform and rehabilitation. For this purpose the defendant must agree to specified standards of conduct and the public authority operating through the court impliedly promises that if he makes good, his probation will continue; however, his violation of such standards subjects his liberty to revocation. Baine v. Beckstead, 10 Utah 2d 4, 347 P.2d 554, 558.

In determining whether the defendant is entitled to a sentence of probation, the court looks to such matters as the nature and circumstances of the offense, the history and characteristics of the defendant, and the need for the sentence imposed. See, e.g., 18 U.S.C.A. No.No. 3553(a), 3561 et seq.; Fed.R.Crim.P. 32.

The defendant is entitled to be represented by counsel in probation proceedings under Sixth Amendment. Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336