Paradoxes of probation: Statutory limitation on the possibility of probation decreased the severity of judgments

Abstract

Probation is a tool to decrease the severity of the legal system. In theory, more instruments of probation mean fewer people deprived of liberty. However, Poland previously faced a paradoxical situation: there was a significant crime rate drop and a growing number of suspended punishments, but—at the same time—the incarceration rate was high. Many argued that the cause of this state of affairs was the overuse of probation instruments. Almost half of suspended punishments of deprivation of liberty were ultimately enforced. The 2015 reform of the Polish criminal law aimed to decrease the statutory possibility of using probation. This study compares trial outcomes from before and after the reform. We examine files from district courts in 13 cities in Poland for two offences: drug possession and drunk driving. We conclude that the limit on probation decreases the severity of the legal system.