Charles Evans Hughes, Burns v. United States (287 U.S. 216…
“ While probation is a matter of grace, the probationer is entitled to fair treatment, and is not to be made the victim of whim or caprice.Second. Applying these principles, it is apparent that the instant case has the peculiar feature that the probationer was actually serving a jail sentence while on probation with respect to another sentence. But, even in jail, he was subject to the conditions of the probation. ”
Charles Evans Hughes, Burns v. United States (287 U.S. 216…
“ The defendant stands convicted; he faces punishment, and cannot insist on terms or strike a bargain. To accomplish the purpose of the statute, an exceptional degree of flexibility in administration is essential. It is necessary to individualize each case, to give that careful, humane, and comprehensive consideration to the particular situation of each offender which would be possible only in the exercise of a broad discretion. ”
Charles Evans Hughes, Burns v. United States (287 U.S. 216…
“ The question, then, in the case of the revocation of probation, is not one of formal procedure either with respect to notice or specification of charges or a trial upon charges. The question is simply whether there has been an abuse of discretion and is to be determined in accordance with familiar principles governing the exercise of judicial discretion. That exercise implies conscientious judgment, not arbitrary action. ”
