Is probation an act of clemency and grace, not a matter of right?
California, United States of America
The following excerpt is from People v. Hanson, F070949 (Cal. App. 2017):
Courts have long recognized that "[p]robation is 'an act of clemency and grace' [citation], not a matter of right [citation]." (People v. Anderson (2010) 50 Cal.4th 19,
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32.) A primary goal underlying conditions of probation is ensuring public safety ( 1202.7), and as a class, sex offenders are recognized as dangerous and at high risk of recidivism (People v. Mosley (2015) 60 Cal.4th 1044, 1068; see generally Smith v. Doe (2003) 538 U.S. 84, 103).
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