THE PROBATION SERVICE IN KENYA ITS ORGANISATION FUNCTIONING AND EFFECTIVENESS
Abstract
This was an exercise in testing +ho
effectiveness of the Probation of Offenders in
'curing' crime. The substance of the dissertation
is built on the basic assumption that crime is part
of normal social behavior. Like all 0ther types of
behaviour it can be motivated and increased, discouraged
and reduced. It can be studied, understood,
and means of effective 'cure' sought and applied.
The data reveal that in modern society there
are two sets of law working side by side. viz. the
unwritten common law and the written statutory law.
The analysis on the long term effectiveness
of probation as a penal system reveals that where these
two sets of law are complementary it is much easier
to reduce crime or 'cure' it since the common law
assists and reinforces the statutory law by exerting
pressure or social control on the individual, but where
the two sets are divergent , statutory Law has Iittle
chance of success. The picture portrayed on the
strength of the available data is that of some degree
of success w.ith large clusters of ineffectiveness.
Success is noticeable mostly in those situations where
the general populace is exposed to diversified economic opportunities for improving their lot. Secondly,
it is more successful in those areas of crime that
the social system condemns, and so acts as 2' regulating
force. Ineffectiveness on the other hand is
associated with limited economic opportunities and
poverty and associated socia-economic problems. The
people develop and continue to engage in illegitimate
means of satisfying their basic biological needs,
and these are strongly adhered to and supported by
the social system to the extent that probation
treatment is but a waste.
It has been recommended that to
improve the performance of the service:
(1) There is urgent need to study the respective
social systems and the factors that influence
criminality before proceeding to rehabilitation.
(2) The common law be made to complement the
statutory law.
(3) Only qualified personnel be hired to handle
the work of rehabilitation since fighting crime
is an arduous task that demands thorough
training in the field of Sociology, Psychology
Psychiatry and Social Work.
(4) There should be no goal displacement from
the historical origin of penal systems. The
overriding task of the service should be to
cure crime and it is that goal that ought
to be relentlessly pursued.
(5) Research findings should assist the service
to improve on its weak points, hence the
need for subsequent surveys to supplement
this first attempt.
Publisher
UNIVERSITY OF NAIROBI
Collections
- Final [891]