Parole: Definition, Objectives, Conditions and Social Implication

Parole: Definition, Objectives, Conditions and Social Implication

1. Parole: Definition, Objectives, Conditions and Social Implication Course Title: Criminology Course No: 3209 Conducted By Student ID Name 151635 Tanmay Mondal

2. Class Outline Introduction Definition Types of Release on Parole Objectives of Parole Conditions of Parole Termination of Parole Duties of Parole Officer Social Implication of Parole Conclusion

3. Introduction Parole is a temporary release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period. The term became associated during the Middle Ages with the release of prisoners who gave their word . Alexander Maconochie , a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia.   He developed a plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned through good behavior , labor, and study.  

4. Introduction Cont … The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and they would start all over again through the ranks of the three-grade process( Samaha , 2006 ). T hrough participation in a graded classification system based on a unit of exchange called a mark. Prisoners earned marks through good behavior, lost them through bad behavior, and could spend them on passage to higher classification statuses ultimately conveying freedom(Cavendar,1982 ). Prisoners served indeterminate sentences from which they could be released early if they showed evidence of rehabilitation( Hansner , 2010).

5. Definition of Parole J.L Gillin ‘‘defines parole is the release from a penal or reformative institution, of an offender who remains under the control of correctional authorities, in an attempt to find out whether he is fit to live free society without supervision .’’ Penal Reform International has defined parole in the following language: ‘‘Parole is defined as the early release, under certain conditions, of a convicted offender from custody. Individuals who are placed on parole are subjected to the supervision of a parole officer and must adhere to conditions imposed by the custodial authorities. The length of the parole period is generally established by law or by a court on the basis of law.’’

6. Types of Release on Parole There three types of release which is given as Parole to the offenders. Those are following with a sort description: A) Conditional Release: Conditional release is that type of parole which is given to the offender allotting with some conditions. Conditional release is of two types, they are : I. Full Parole II. One day Parole

7. Types of Release on Parole Cont … Full Parole: Full Parole is a form of conditional release that allows an offender to serve part of a prison sentence in the community. The offender is placed under supervision and is required to abide by conditions designed to reduce the risk of re- offending, and to foster reintegration of the inmate into the community. Day Parole: Day Parole provides offenders with the opportunity to participate in on-going community-based activities. Offenders are also granted day parole in order to prepare for full parole and statutory release.

8. Types of Release on Parole Cont… Statutory Release: Statutory Release requires for sentenced offenders to serve the final third of their sentence in the community, under supervision and under conditions of release similar to those imposed on offenders released on full parole. Offenders serving life or indeterminate sentences are not eligible. C) Release on Expiry of Sentence: Release on expiry of sentence is not a conditional release . It is the full release which is required when someone has served the entire sentence. It applies to offenders who were considered too dangerous to return to the community under statutory release (Jones, 2001).

9. Objectives of Parole Penal Reform International has identified following five objectives of parole, those are : To conserve government resources, reduce cost and reduce overcrowding in the prison system; to increase ‘rotation’ of the prison population ; To reintegrate convicted offenders into society by providing supervision and treatment service ; To preserve community safety by supervising convicted offenders ; To control the behavior of inmates who are in custody by offering parole for good behavior ; and To encourage positive behavior of convicted persons while they are serving sentences that deprive them from the liberty.

10. Objectives of Parole Cont … V.V . Devasia and L. Devasia has identified another five objectives of parole, which are given below: Release of each prisoners from confinement at the most favorable time, with appropriate consideration to requirements of justice, expectations of subsequent behavior and cost. The largest possible number of parole completions. The smallest number of new crimes committed by released persons . The smallest number of violent acts committed by released persons. An increase of general community confidence in parole administration.

11. Conditions of Parole General parole condition can be classified into two principal groups, namely: a) Reform and b ) Control conditions. Reform conditions: It helps a parolee to lead a lawful life. Complying with the laws, maintaining employment and supporting dependents and refraining from using drugs are some examples of reform condition. Control condition: Because of control conditions the social workers help the offenders to fulfill the purpose of parole. For example, reporting to parole officer upon release, cooperating with the parole officer, and getting permission to change employment or residence etc.

12. Conditions of Parole Cont … The conditions of parole are sometimes determined by law sometimes by the parole board and sometimes by other agencies. These conditions may include: Leading a law abiding life . 2. Abstaining from intoxicating liquors or drugs . 3. Spending evenings at home. 4 . Restraining from gambling and other various habits. 5. Supporting legal dependent. 6. Remaining in a specified territory.

13. Conditions of Parole Cont … 7. Not changing residence or employment without permission. 8 . Not becoming dependent on charity . 9 . Making restitution from crimes . In nearly all cases conditions of parole include:  Obeying the law,  Obtaining some form of employment , and  Maintaining some contact with a parole officer.

14. Termination of Parole According to Gaffney and Iaria pointed out two different ways by which parole may be terminated, they are: 1. Expiration of Sentence: The period of parole supervision usually runs as long as the offender’s original calendar sentence or ends upon reaching a statutory date. Therefore, a parolee is discharged when the date is reached. 2. Revocation: If a parolee violates the conditions of his/her release, the parole officer informs a section of the parole department, at which time a decision is made whether or not to issue an arrest warrant for violation of parole.

15. Duties of Parole Officer Parole officers work with those who have served time in prison for criminal convictions, supervising offenders who have been released from prison and remanded to parole. Generally a parole officer has to perform the following duties: Make recommendations regarding the initial placement of an offender. 2) Investigates offender’s past and present behaviors by interviewing other inmates , institutional authorities, police, family and friends of the offender. 3) Plan and programs for offenders during their imprisonment. 4) Assess the suitability of penitentiary inmates for release under parole and submit recommendations

16. Duties of Parole Officer Cont … 5) Develop liaisons and networks with other parole officers, social welfare and community agencies ,staff in correctional institutions, psychiatric facilities and after care agencies; 6 ) Supervise those who have been released on parole; 7 ) Offer guidance and direction to parolees in dealing with job-related and personal problems.

17. Social Implication of Parole Parole is a procedure by which a prisoner who must in any event be returned to society at some time in the future is allowed to serve the last portion of his/her sentence outside prison walls and under strict supervision, as preparation for his/her eventual return to society . Parole is not an act of clemency, but a penological measure for the disciplinary treatment of prisoners who seem capable of rehabilitation outside of prison walls.  It does not set aside or affect the sentence

18. Social Implication of Parole Cont … Parole is not freedom.  A parolee is a convicted criminal who has been sentenced to a term of imprisonment and who has been allowed to serve a portion of that term outside prison walls. A parolee does not enjoy the absolute liberty to which every citizen is entitled, but only a conditional liberty properly dependent on the observance of special parole restrictions.   A parolee is in legal custody, while on parole the convict is bound to remain in the legal custody and under the control of the warden until the expiration of the term, less allowance, if any, for good conduct.

19. Social Implication of Parole Cont… As parole is a reward for being complied with the rules of jail; so a positive motivation on the mind of prisoner is to be created regarding parole. If it is possible, it may encourage the prisoner to lead an ordered and disciplined life into the four wall of jail . It will also help him to settle into the society easily and to lead a normal life after the termination of the imprisonment. So govt. may use parole as an instrument to serve society. Parole cannot be granted on political consideration on the other hand parole is to be used to reduce misuse of political power.

20. Social Implication of Parole Cont… Parole cannot be granted on political consideration on the other hand parole is to be used to reduce misuse of political power. No prisoner is placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison. Parole does not eliminate the crime or forgive the offender.

21. Conclusion The object of the criminal justice system is to reform the offender, and to ensure the security of the society and the security of its people by taking steps against the offender .It is thus a correctional measure. Thus while concluding it can be said that parole and probation are after sentence correctional methods those were originated to give the good intimates an opportunity to rehabilitate in the society. But available data indicates that parole and probation do not become always successful. It would be great benefit for a country like Bangladesh, where the jails are often overcrowded; with frequent human rights violations which would be harden the human inside a person.

22. References Gillin , J. L. 1971. Criminology and Penology(3 ed.) . Westport : Greenwood press . Devasia , V .V. and Leelamma Devasia . 1992. Criminology Victimilogy and Corrections(2 ed.) . Dheli : Ashish Publishing House. Gaffney Robert J. and Iaria Vincent J. 1995. Probation and Parole: A Handbook for Crime Victims . Kentucky . Karzon , Hafizur Rahman. 2008. Theoretical and Applied Criminology : Palal Prokashoni and ELCOP . N.V.Paranjape . 2001. Criminology and Penology(10 ed.) . Allahabad: Central Law Publications . Jones, David A. History of Criminology: A Philosophical Perspective(3 ed.) . Westport: Greenwood Press.