An Empirical Study On The Effects Of Probation Stipulation On Employment Quality Among People In Tamil Nadu

Author(s): K.Shivani

Paper Details: Volume 3, Issue 4

Citation: IJLSSS 3(4) 48

Page No: 631 – 659

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ABSTRACT

KEYWORDS

Probation period, Young offenders, Socio economic issues, Employment, Career choice

INTRODUCTION

Probation in law refers to a court-ordered period during which an individual, usually convicted of a crime, is released into the community under certain conditions instead of serving time in prison. These conditions often include regular check-ins with a probation officer, adherence to specific rules, and restrictions on behavior. Violating probation terms can lead to more severe consequences, such as imprisonment.The origins of probation can be traced back to early English legal traditions, and they evolved in the nineteenth century. Probation, on the other hand, emerged in the early twentieth century, when different countries, including Europe and North America, began to devise techniques to mitigate the consequences of harsh sanctions. The most popular form of punishment became imprisonment. In India, probation is employed as a form of institutional treatment. The employment of institutional procedures for probation is not permitted in the Western world. Probation is administered by non-profit organizations comprising sociologists and psychologists. They believe that the judges should not become involved. According to the Indian system, the courts should only have jurisdiction over probationary laws. This is because the power of probation will be delegated to non-judicial organizations that lack judicial processes and tactics. The Probation of Offenders Act, 1958 is based on the individualistic approach to the convicts and dealing with young offenders in an amicable manner. It is believed that young offenders can be stopped from becoming habitual offenders if probation is allowed to them. The Act aims to provide for the release of offenders on probation or upon due admonition and all the matters connected therewith. It contains 19 sections and extends to the whole of India except the State of Jammu and Kashmir. The Act aims to provide a reformative system of reform of offenders and convert them into useful and law-abiding citizens of the country. The factors affecting the Conditions of Probations are to be satisfied for application of Section 4: (1) the offense committed must not be one punishable with death or imprisonment for life. (2) the court must opine that it is expedient to release him on probation of good conduct instead of sentencing him to any punishment and (3) the offender or surety must have a fixed place of abode in regular occupation in a place situated within the jurisdiction of the court. Relevant factors to be taken into consideration. The convicts have no indefeasible right to be released. The right is only to be considered for release on license in terms of the Act and the rules. The Probation Board and the State Government are required to take into consideration the relevant factors before deciding or declining to release a convict. At present, while the majority of States have adopted the Central Probation of Offenders Act, four of them have their own State Acts and are gradually introducing the Central Act in a phased manner. In this way, a broad measure of uniform legal provision and procedures is being achieved in the probation field. Probation, like the juvenile justice system, has brought human concerns and socio-economic issues at the heart of the criminal justice system to the fore. It also aided in the development of good attitudes toward convicts and increased the role of law enforcement beyond ordinary sentencing. A probation period is a staple of most employment contracts in the UK. They are usually tied to certain contractual perks and job security. While many laws that protect employees kick in after two years of continuous employment, probation periods add an extra layer of protection for you when hiring someone new. Whereas in the USA, During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

OBJECTIVES

To examine that individual with probation records often face limited job opportunities
To analyze that certain industries are not likely to disqualify individuals with probation records, limiting their career choices.
To examine probation stipulations on employment quality can significantly impact an individual’s family life.

REVIEW OF LITERATURE

(Frankel 2020) article focused on reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build-up of the criminal justice system(n=3054 samples). The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. (Jacobs 2015) conducted a study to provide the first comprehensive examination of the relationship between probation and incarceration in the era of mass incarceration(n=2453 samples). The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation can serve both roles, acting as both an alternative and as a net-widener, to varying degrees across time and place. (Weiner-Davis 2004) conducted a study on the effect probation stipulations have on a probationer’s employment. This study, utilizing a cross-sectional design and collecting data from Rhode Island probationers via survey (n= 170 samples). Results suggest that probation stipulations are negatively correlated with some employment outcomes and perceptions of employability and that probationers who feel supported by their probation officer have better outcomes and perceptions than those probationers who do not feel supported by their probation officer. (Junger-Tas 1994) conducted a study to determine employer attitudes toward hiring ex-offenders. 83000 employees were surveyed on their attitudes toward hiring ex-offenders. The results show that the initial willingness to hire ex-offenders was low among employers, other findings indicate that the level of education, government incentives, and the relationship of the crime to the job increase employer willingness to hire an ex-offender. (Baillie 1802) conducted a study to evaluate temporal and geographic correlations of county-level probation and mental health rates separately and to assess the association between county-level probation and mental health rates, measured by self-inflicted injury and suicide(n=3210 samples). The findings emphasize that the criminal legal system is not separate from communities and that future public health research and advocacy must consider these collateral consequences of probation on communities. (Berntson and Cacioppo 2009) explores how these changes (i.etele-supervision) impacted women and those who supervised them at a probation agency in a large metropolitan county in a Western U.S. state. To address this gap in the literature, the current study utilizes a qualitative approach to explore the experiences of 17 community corrections staff and clients on gender-responsive probation supervision during the pandemic. It was found that the lived experiences of those directly impacted by COVID-related changes, including community corrections staff and clients, helped shape gender-responsive supervision moving forward. (Beveridge 2014) conducted a study based on the fact that steady employment is a key component in reducing the likelihood that people under community supervision will return to prison(n= 4865 samples). This article reviews research on the relationship between the stipulations of community supervision and employment outcomes. The findings suggest that there is a negative relationship between community supervision and employment outcomes and perceptions of employability. (Komarovsky 1975) examines the legal framework for probation in India, including the relevant legislation, policies, and guidelines governing its use (n= 9621 samples). The findings of the study suggest that while probation has become an increasingly popular alternative to incarceration in India, its effectiveness in achieving its objectives is limited due to a lack of resources, inadequate training of probation officers, and insufficient monitoring and evaluation mechanisms. (Griffiths, Dandurand, and Murdoch 2007) conducted a study based on a national, cross-sectional survey of juvenile justice staff to describe the current implementation of gender-responsive programming and the training needs of juvenile justice staff for working with this population. Two-hundred juvenile justice staff from the American Probation and Parole Association (APPA) responded to this 24-item online survey across 28 U.S. states. The results show that Probation staff identified multiple training and programmatic needs to support their work with justice-involved girls. (Leicht, Heiss, and Byun 2018) conducted a study comprising the following domains: juvenile justice history; family and living arrangements; peers and social support network; education and employment; beliefs, and attitudes. Using a sample of 3,144 juveniles adjudicated to Indiana juvenile correctional facilities, this study examines gender differences in the risk assessment instrument. Results of the study indicated that there were gender differences in all but one of the risk assessment domains (values, beliefs, and attitudes). (Davis et al. 2014) study analyzes data from probation staff surveys and interviews with people that were under probation supervision during the pandemic to investigate the impact of the response to the pandemic on health-related roles(n=3285 samples). It was found that there is a clear need to address the digital divide, and to support staff to prevent burnout. (Gfroerer 1996) experienced massive changes during the past 10 years, including the way in which its probation officers are trained. Almost 5409 people responded to this survey. It was found that the studies focus variously on newly qualified officers, those in training, and those applying for training, namely that individuals enter the training to work with people, and that they continue to achieve most satisfaction from this. (Pycroft and Clift 2013) describes how a sample group of community managed offenders engaged with a range of health services. This is based on the findings from a pilot health needs assessment involving a representative sample of 183 offenders within two county-wide probation services. The results indicated that community offenders were found to have greater physical and mental health needs than the general population. Some problems were identified, particularly in engaging with dental and mental health services. (Epstein et al. 2018) conducted a study to engage in a collaborative process with a variety of stakeholders to develop the Brief Intervention to Promote Service Engagement, which aims to enhance the therapeutic relationship between probation officers and probationers with serious mental illnesses (n= 2154 samples). The findings show that Building a therapeutic relationship between probation officers and probationers with SMI is an essential task toward improving mental health and criminal justice outcomes. (Condry 2013) explores the extent to which experienced probation officers (POs), that is those with over 10 years experience, still feel committed to the probation service and its work with offenders (n= 6310 samples). The findings suggest that the probation service can no longer rely on its experienced POs remaining committed and motivated, and this will have repercussions for the longer-term health and success of the organization. (Scrimali and Grimaldi 2012) conducted a study on the bond between two people, and their ability to work collaboratively to set goals and tasks. In the present study, WA was applied to probation to assess the relationship between a probation officer and offender. Questionnaires were administered to offenders to examine the impact of offender risk and how WA predicted perceived success of probation(n=7521 samples). The findings show that in terms of task, bond and goals and how these are a cost-effective method of improving success of probation. (Badiru 2005) conducted a study in the first half of 1994, which was restricted to those who had been sentenced to a probation or combination order; the survey covered 22 of the 55 probation areas in England and Wales. The sample of offenders in each area was drawn at random, yielding a sample of 3,300 offenders; 1,213 interviews were achieved from this sample. Findings show that the probation service is working with people who generally have poor school achievement, high unemployment, and a high incidence of previous convictions and drug use. (Lambert 2013) conducted a study to assess self-reported health status, quality of life, and access to health services in a sample of probationers in England to inform policy makers of future service requirements (n=6321 samples). The results of this study confirm that probationers have poorer health—especially mental health—than the general population and are less likely to access health-care services. (Thornton 2006) conducted a study based on the importance of emotional labor for probation practice, as well as its potential consequences for practitioners(n=3779 samples). It was found that the challenges of balancing a client-centered ideology of service with the increased administrative pressures that have accompanied the TR reforms have further exposed probation practitioners to stress, strain, and sickness. (Miller 2003) conducted a study on health and criminal justice environments in England, to improve the way in which healthcare is provided for people in contact with probation (n=1023 samples). It was found that the responsibilities of different organizations contribute to improving both the health of people in contact with probation and their access to health services.

METHODOLOGY

This study is based on collecting information from primary and secondary data. Here, the secondary data is collected from various books and literary works of scholars and researchers, whereas the primary data for the study was collected from 200 sample respondents through the convenient sampling method. The research instrument used to collect the primary data from the sample respondents is-well structured questionnaire. The independent variables used are age, gender, educational qualification, employment status and marital status. The dependent variables are the presence of probation stipulations that have an impact on the quality of employment for individuals, probation affects the employment quality of people in the society, individuals with probation records often face limited job opportunities due to background checks and employer bias. This study uses graphs, tables, and chi-square tests for meaningful analysis.

ANALYSIS

FIGURE 1

LEGEND

Figure 1 shows the influence of the age group of the respondents towards the presence of probation stipulations that have an impact on the quality of employment for individuals.

FIGURE 2

LEGEND

Figure 2 shows the influence of the gender group of the respondent towards probation affects the employment quality of people in the society.

FIGURE 3

LEGEND

Figure 3 shows the influence of educational qualifications of the respondent towards individuals with probation records who often face limited job opportunities due to background checks and employer bias.

FIGURE 4

LEGEND

Figure 4 shows the influence of occupation of the respondent towards certain industries and professions not likely to disqualify individuals with probation records, limiting their career choices.

FIGURE 5

LEGEND

Figure 5 shows the influence of residential status of the respondent towards the effect of probation stipulations on employment quality can significantly impact an individual’s family life.

FIGURE 6

LEGEND

Figure 6 shows the influence of the gender group of the respondent towards the presence of probation stipulations that have an impact on the quality of employment for individuals.

FIGURE 7

LEGEND

Figure 7 shows the influence of educational qualifications of the respondent towards the presence of probation stipulations that have an impact on the quality of employment for individuals.

FIGURE 8

LEGEND

Figure 8 shows the influence of the age group of the respondents towards probation affects the employment quality of people in the society.

FIGURE 9

LEGEND

Figure 9 shows the influence of educational qualifications of the respondent towards probation affects the employment quality of people in the society.

FIGURE 10

LEGEND

Figure 10 shows the influence of the age group of the respondents towards individuals with probation records who often face limited job opportunities due to background checks and employer bias.

FIGURE 11

LEGEND

Figure 11 shows the influence of the gender group of the respondent towards individuals with probation records who often face limited job opportunities due to background checks and employer bias.

FIGURE 12

LEGEND

Figure 12 shows the influence of the age group of respondents towards certain industries and professions not likely to disqualify individuals with probation records, limiting their career choices.

FIGURE 13

LEGEND

Figure 13 shows the influence of the gender group of the respondent towards certain industries and professions not likely to disqualify individuals with probation records, limiting their career choices.

FIGURE 14

LEGEND

Figure 14 shows the influence of educational qualifications of the respondent towards certain industries and professions not likely to disqualify individuals with probation records, limiting their career choices.

FIGURE 15

LEGEND

Figure 15 shows the influence of occupation of the respondent towards the effect of probation stipulations on employment quality can significantly impact an individual’s family life.

CHI SQUARE TEST

The presence of probation stipulations have an impact on the quality of employment for individuals * Gender Cross Tabulation
Count
		Gender		Total
		Male	Female
The presence of probation stipulations have an impact on the quality of employment for individuals	Yes	51	90	141
	No	0	66	66
Total		51	156	207

Chi-Square Tests
	Value	df	Asymptotic Significance (2-sided)	Exact Sig. (2-sided)	Exact Sig. (1-sided)
Pearson Chi-Square	31.677^a	1	.000
Continuity Correction	29.759	1	.000
Likelihood Ratio	46.606	1	.000
Fisher’s Exact Test				.000	.000
Linear-by-Linear Association	31.524	1	.000
N of Valid Cases	207
a. 0 cells (0.0%) have expected count less than 5. The minimum expected count is 16.26.
b. Computed only for a 2×2 table

INTERPRETATION

The calculated p value is 0.00. Since p value is <0.05. Null hypothesis is rejected. So there is an association between the presence of probation stipulations that have an impact on the quality of employment for individuals and gender groups of the respondents.

ANOVA
Certain industries and professions more likely to disqualify individuals with probation records, limiting their career choices
	Sum of Squares	df	Mean Square	F	Sig.
Between Groups	502.852	3	167.617	2025.377	.000
Within Groups	16.800	203	.083
Total	519.652	206

INTERPRETATION

The calculated p value is 0.00. Since p value is <0.05. Null hypothesis is rejected. So there is a significant difference between certain industries and professions that are more likely to disqualify individuals with probation records, limiting their career choices and gender groups of the respondents.

RESULTS

Figure 1 implies that 18 to 25 age group-11.59% , 26 to 35 age group- 36.23% , 36 to 45 age group- 17.39% ,45 to 50 age group- 20.29% supporting the statement. Figure 2 implies that male – 26.64% towards limited job opportunities, female- 33.33% towards discrimination supporting the statement. Figure 3 implies that undergraduates -14.49%, postgraduates-13.04%, PhD- 17.39% supporting the statement. Figure 4 implies that public sector-26.09%, private sector-20.29%, student-14.49% supporting the statement. Figure 5 implies that rural area-23.19%, urban area- 13.04%, semi-urban -20.29% supporting the statement. Figure 6 implies that male-24.64% , female-43.48% supporting the statement. Figure 7 implies that undergraduates-11.59%, postgraduates-23.19%, PhD-13.04% supporting the statement. Figure 8 implies that the age is between 18 to 25 years-11.59%,26 to 35 years-27.54%, 36 to 45 years-17.39% supporting the statement. Figure 9 implies that undergraduate 26.09%, postgraduate- 13.04%,PhD-17.39% supporting the statement. Figure 10 implies that age between 18 to 25 years-10.14%, 26 to 35 years-40.58% supporting the statement. Figure 11 implies that male 13.04% , female 27.54% strongly agreeing with the statement. Figure 12 implies that age between 18 to 25 years-10.14%, 26 to 35 years -40.58%, 36 to 45 years-20.29% supporting the statement. Figure 13 implies that male-13.04%, female- 27.54% strongly Agree with this statement. Figure 14 implies that undergraduates-14.49%, postgraduate-13.04%, phD- 13.04% strongly Agree with this statement. Figure 15 implies that public sector-23.19% , private sector- 20.29%, student-14.49% , self employed-17.39% supporting the statement.

DISCUSSION

Figure 1 states that most of the respondents are supporting the statement that probation stipulations can affect employment quality by influencing job stability, work performance, and career advancement opportunities for individuals. Employers may closely monitor and assess employees on probation, potentially impacting their overall job experience. Figure 2 states that most of the respondents are supporting the statement that Probation in employment can have broader societal effects by shaping individuals’ career trajectories. It may impact job stability, economic well-being, and overall societal productivity as individuals navigate the challenges and expectations during probation periods. Figure 3 states that most of the respondents are supporting the statement that individuals with probation records can indeed face challenges in securing employment. Background checks and employer biases may limit job opportunities, despite a person’s qualifications, potentially contributing to difficulties in reentering the workforce. Figure 4 states that most of the respondents are supporting the statement that certain industries and professions, such as finance, law enforcement, and healthcare, may be more likely to disqualify individuals with probation records due to stringent background check requirements and regulatory considerations. Figure 5 states that most of the respondents are supporting the statement that the effects of probation stipulations on employment quality can have a profound impact on an individual’s family life. Job instability, financial strain, and the stress associated with meeting probationary requirements can contribute to challenges within the family unit. Figure 6 states that most of the respondents are supporting the statement that probation stipulations can affect the quality of employment for individuals. These conditions may create added pressure, influence job security, and impact career development during the probationary period. Figure 7 states that most of the respondents are supporting the statement that the existence of probation stipulations can impact the quality of employment for individuals as it introduces additional scrutiny, expectations, and potential consequences that may influence their overall work experience. Figure 8 states that most of the respondents are supporting the statement that The impact of probation on employment quality in society is multifaceted. It can influence job stability, career advancement, and overall job satisfaction for individuals. Additionally, societal productivity may be affected as probationary periods shape the dynamics of employment experiences. Figure 9 states that most of the respondents are supporting the statement that probation can significantly impact employment quality within society by influencing job stability, career progression, and individuals’ overall work experiences. Figure 10 states that most of the respondents are supporting the statement that Individuals with probation records may encounter obstacles in the job market due to background checks and employer bias. Figure 11 states that most of the respondents are supporting the statement that individuals with probation records often encounter limited job opportunities because background checks and employer biases can impact their chances of securing employment. Figure 12 states that most of the respondents are supporting the statement that industries that prioritize security, trust, or regulatory compliance—like finance, law enforcement, or healthcare—tend to be more stringent in considering individuals with probation records. Figure 13 states that most of the respondents are supporting the statement that certain industries and professions, especially those requiring high levels of trust or adherence to strict regulations, are more likely to disqualify individuals with probation records. Figure 14 states that most of the respondents are supporting the statement that industries and professions that prioritize security, trustworthiness, or regulatory compliance, such as finance, law enforcement, and healthcare, are more likely to disqualify individuals with probation records. Figure 15 states that most of the respondents are supporting the statement that the effects of probation stipulations on employment quality can significantly impact an individual’s family life. Job uncertainty, financial stress, and the overall strain associated with meeting probationary conditions can influence the well-being of the entire family.

LIMITATIONS

The sampling method followed in this study is convenient sampling. The study is unable to collect data through random sampling methods due to the reduced geographical arena . Since the study is restricted to the territory within Chennai and therefore the conclusion derived by average is not perfectly accurate. Since the study collected responses from the general public at large, the findings are mostly based on generalized opinion rather than legal or scientific background .

SUGGESTION

To enhance the positive effects of probation stipulations on employment quality, organizations. could implement regular feedback mechanisms. Establishing open lines of communication between employers and employees during probationary periods can foster mutual understanding, identify areas for improvement, and contribute to a more constructive and supportive work environment, ultimately improving overall employment quality. Consider exploring the introduction of mentorship programs during probationary periods. These programs could provide valuable support for employees, easing their transition into the workplace and potentially mitigating the negative effects of strict probation stipulations on job satisfaction and overall employment quality.

CONCLUSION

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