California, United States of America
The following excerpt is from People v. Keefer, D074909 (Cal. App. 2019):
"Following a defendant's conviction of a crime, the sentencing court may choose among a variety of dispositional options. One option is to release the offender on probation. 'Probation is generally reserved for convicted criminals whose conditional release into society poses minimal risk to public safety and promotes rehabilitation.' [Citation.] A grant of probation is 'qualitatively different from such traditional forms of punishment as fines or imprisonment. Probation is neither "punishment" (see 15) nor a criminal "judgment" (see 1445). Instead, courts deem probation an act of clemency in lieu of punishment [citation], and its primary purpose is rehabilitative in nature.' " (People v. Moran (2016) 1 Cal.5th 398, 402 (Moran).)
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