Probation Violations: Why Good People Make Bad Choices

A probation violation can occur when an individual fails to comply with the terms set by the court as part of their probation sentence. These violations can range from testing positive for drugs or alcohol, missing meetings with a probation officer, failing to complete court-ordered programs, or neglecting financial obligations like restitution or fines. While the legal consequences of a probation violation can be significant, it is often the result of momentary lapses in judgment, misunderstandings, or life circumstances rather than intentional defiance of the court’s orders.

Understanding why good people make the poor choice to violate probation requires an exploration of emotional, situational, and psychological factors. By applying criminological theories and examining common scenarios, we can provide insight into these behaviors while identifying strategies for accountability and growth.

Criminological Theories Applied to Probation Violations

1. Rational Choice Theory (Derek Cornish and Ronald Clarke)

Key Idea: People make decisions based on a cost-benefit analysis, though these calculations can be flawed.

• Application to Probation Violations:
  Probationers may rationalize missing a meeting, skipping a program, or using substances, believing that the likelihood of detection or punishment is low. This perceived short-term benefit outweighs the long-term risks in their mind.
• Example of Behavior:
  • A probationer misses a scheduled meeting, thinking, “I’ll just reschedule, and they won’t care as long as I eventually show up.”
  • Someone drinks alcohol at a party, rationalizing, “One drink won’t show up on the test, and I deserve to unwind.”

2. General Strain Theory (Robert Agnew)

Key Idea: Stressors such as financial difficulties, personal crises, or emotional strain can lead to deviant behavior as a coping mechanism.

• Application to Probation Violations:
  Individuals on probation often face significant stress, whether from financial struggles, strained relationships, or the stigma of their legal situation. This strain can lead to behaviors that violate probation, such as substance use or failure to meet obligations.
• Example of Behavior:
  • A probationer struggling to make ends meet spends money on essentials instead of court-ordered restitution, hoping to catch up later.
  • Under emotional strain from family conflict, someone turns to drugs or alcohol as a temporary escape.

3. Self-Control Theory (Michael Gottfredson and Travis Hirschi)

Key Idea: Low self-control or impulsivity makes individuals more likely to engage in risky behavior.

• Application to Probation Violations:
  Probation requires adherence to strict rules, which can be challenging for individuals who struggle with self-control. Impulsive decisions, such as using drugs or skipping meetings, often lead to violations.
• Example of Behavior:
  • A person impulsively uses a substance without considering the consequences of a failed drug test.
  • Someone prioritizes a personal errand over a probation officer meeting, thinking they can explain it away later.

4. Routine Activity Theory (Lawrence Cohen and Marcus Felson)

Key Idea: Crime or deviant behavior occurs when a motivated offender encounters a suitable target without adequate supervision.

• Application to Probation Violations:
  Probation violations often occur because the individual is placed in an environment where temptation (e.g., substances, social influences) is present, and the mechanisms of supervision are temporarily absent.
• Example of Behavior:
  • At a party where others are drinking, a probationer decides to join in, assuming no one will find out.
  • A probationer skips community service when they realize their absence might go unnoticed in the short term.

5. Neutralization Theory (Gresham Sykes and David Matza)

Key Idea: People justify or rationalize deviant behavior to align it with their self-image as a good person.

• Application to Probation Violations:
  Probationers often rationalize their actions, minimizing the seriousness of their violations or shifting blame to external factors. This allows them to reconcile their behavior with their desire to be law-abiding.
• Example of Behavior:
  • “I only missed one meeting—I’ve been doing everything else right.”
  • “It’s just one failed test; I was under so much stress, anyone would have done the same.”

Additional Factors Contributing to Probation Violations

1. Emotional Triggers

• Stress and Anxiety: The pressure of meeting all probation requirements can feel overwhelming, leading to avoidance or lapses.
• Shame or Embarrassment: Fear of admitting to a mistake, such as failing a test, can lead to further violations, like skipping a meeting.

2. Situational Influences

• Unclear Expectations: Misunderstanding the terms of probation can lead to accidental violations.
• Financial Hardship: Many probation requirements, such as restitution or program fees, can strain individuals already struggling financially.

3. Cognitive Impairments

• Substance Dependence: Individuals with addiction issues may struggle to comply with probation terms requiring sobriety.
• Poor Time Management: Difficulty managing schedules can lead to missed meetings or deadlines.

Real-World Examples of Behavior

1. Scenario 1: Failed Drug Test
   A probationer who has abstained from drugs for months succumbs to peer pressure at a social gathering. They believe it will be a one-time lapse, not realizing the test will reveal the violation.
2. Scenario 2: Missed Meeting
   A probationer dealing with a personal crisis, such as a sick family member, forgets to attend a meeting with their probation officer. They assume they can reschedule without facing consequences.
3. Scenario 3: Financial Non-Compliance
   A probationer prioritizes paying rent over restitution payments, intending to make up for the missed payment later but not communicating this to their probation officer.

Pathways to Growth and Accountability

For first-time probation violators, the experience often serves as a wake-up call. By reflecting on the reasons behind the violation and taking proactive steps, individuals can demonstrate their commitment to compliance and personal growth.

1. Understanding the “Why”

• Reflect on the emotional, financial, or situational factors that contributed to the violation.
• Identify specific triggers or rationalizations that led to the behavior.

2. Taking Responsibility
3. Proactive Measures
4. Restoring Trust
5. Reframing the Experience

Final Thoughts

Probation violations are often the result of momentary lapses in judgment, misunderstandings, or external pressures rather than intentional defiance of the court. For good people, this mistake can serve as an opportunity for reflection, accountability, and growth. By addressing the underlying factors and taking proactive measures, individuals can restore trust with their probation officer and the court while building the skills and mindset needed to succeed in the future.