From Wikipedia, the free encyclopedia Parole
Parole
Law · Criminal justice
1 US courts.
2 Not in English/Welsh courts.
3 Scottish courts.
4 English/Welsh courts.
5 Canadian courts.
6 UK courts.
Parole may have different meanings depending on the
field and judiciary system. All of the meanings originated
Criminal procedure
from the French parole (“voice”, “spoken word”). Follow-
Criminal trials and convictions ing its use in late-resurrected Anglo-French chivalric
practice, the term became associated with the release of
Rights of the accused
prisoners based on prisoners giving their word of honor
Fair trial · Speedy trial to abide by certain restrictions. One proposed reform is
Jury trial · Counsel that parole bonds be used to encourage defendants not
Presumption of innocence to re-offend.[1] Parole should not be confused with pro-
Exclusionary rule1 bation, as parole is serving the remainder of a sentence
Self-incrimination outside of prison, where probation is given instead of a
Double jeopardy2 prison sentence and as such, tends to place more rigid
Verdict obligations upon the individual serving the term.
Conviction · Acquittal
Not proven3 Criminal justice
Directed verdict In criminal justice systems, parole is the supervised re-
Sentencing lease of a prisoner before the completion of their sen-
tence in prison. This differs from amnesty or commuta-
Mandatory · Suspended tion of sentence in that parolees are still considered to be
Custodial serving their sentences, and may be returned to prison
Dangerous offender4, 5 if they violate the conditions of their parole. A specif-
Capital punishment ic type of parole is medical parole or compassionate re-
Execution warrant lease which is the release of prisoners on medical or hu-
Cruel and unusual punishment manitarian grounds. Conditions of parole often include
Life · Indefinite things such as obeying the law, refraining from drug and
Post-sentencing alcohol use, avoiding contact with the parolee’s victims,
obtaining employment, and maintaining required con-
Parole · Probation
tacts with a parole officer. Some justice systems, such
Tariff6 · Life licence6
as the United States federal system, place defendants on
Miscarriage of justice
supervised release after serving their entire prison sen-
Exoneration · Pardon
tence; this is not the same as parole. In Colorado, parole
Sexually violent predator legislation1
is an additional punishment after the entire prison sen-
Related areas of law tence is served - it is called ’mandatory parole’, per
§18-1.3-401(1)(a)(V)(B).
Criminal defenses
Criminal law · Evidence
Civil procedure
Portals
1
From Wikipedia, the free encyclopedia Parole
Difference between parole and Italy
mandatory supervision Main article: Libertà condizionata
Libertà condizionata is covered by Article 176 of the Italian
Some states in the US have what is known as "mandatory Penal Code. A prisoner is eligible if he has served at least
supervision," whereby an inmate is released prior to the 30 months (or 26 years for life sentences), and the time
completion of their sentence due to legal technicalities remaining on his sentence is less than half the total (nor-
which oblige the offender justice system to free them. mally), a quarter of the total (if previously convicted or
In some states such as Texas, inmates are compensated never convicted) or five years (for sentences greater than
with "good time," which is counted towards time served. 7.5 years). In 2006, 21 inmates were granted libertà con-
For example, if an inmate served five years of a ten year dizionata.[citation needed]
prison term, and also had five years of "good time," they
will have completed their sentence "on paper," obliging
the state to release them. Where parole is granted or de- New Zealand
nied at the discretion of a parole board, mandatory su- In New Zealand, inmates serving a short term sentence
pervision does not involve a decision making process: (of up to 2 years) are automatically released after serving
one either qualifies for it or does not. Mandatory super- half their sentence, and there is no parole hearing. In-
vision tends to involve stipulations that are more lenient mates serving sentences of more than 2 years are nor-
than those of parole, and in some cases place no obliga- mally seen before the parole board after serving one-
tions at all on the individual being released. third of the sentence, although the judge at sentencing
can make an order for a minimum non-parole period of
Early history of parole up to two-thirds of the sentence. Inmates serving life
sentences usually serve a minimum of 10 years, or longer
Alexander Maconochie, a Scottish geographer and cap- depending on the minimum non-parole period, before
tain in the British Royal Navy, introduced the modern being eligible for parole.[5] It should be noted, however,
idea of parole when, in 1840, he was appointed superin- that parole is not an automatic right, and for the year
tendent of the English penal colonies in Norfolk Island, ending 30 June 2010 more than 70% of parole hearings
Australia. He developed a plan to prepare them for even- were declined.[6] Many sentences include a specific non-
tual return to society that involved three grades. The parole period.
first two consisted of promotions earned through good
behavior, labor, and study. The third grade in the system
involved conditional liberty outside of prison while obey- United States
ing rules. A violation would return them to prison and
starting all over again through the ranks of the three Early history
grade process.[2] Penologist Zebulon Brockway first introduced parole
when he became superintendent of Elmira Reformatory
China in New York state. In order to manage prison populations
and rehabilitate those incarcerated he instituted a two
In China, prisoners are often granted medical parole or part strategy that consisted of indeterminate sentences
compassionate release, which releases them on the and parole releases.[7]
grounds that they must receive medical treatment which
cannot be provided for in prison. Occasionally, medical Modern history
parole is used as a no-publicity way of releasing an acci-
In the United States, courts may specify in a sentence
dentally imprisoned convict.[3][4]
how much time must be served before a prisoner is eli-
The Chinese legal code has no explicit provision for
gible for parole. This is often done by specifying an inde-
exile, but often a dissident is released on the grounds that
terminate sentence of, say, "15 to 25 years," or "15 years
they need to be treated for a medical condition in an-
to life". The latter type is known as an indeterminate
other country, and with the understanding that they will
life sentence; in contrast, a sentence of "life without the
be reincarcerated if they return to China. Dissidents who
possibility of parole" is known as a determinate life sen-
have been released on medical parole include Ngawang
tence.[8]
Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna
In most states, the decision of whether an inmate is
Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and
paroled is vested in a paroling authority such as a pa-
Fang Lizhi.
role board. Mere good conduct while incarcerated in and
of itself does not necessarily guarantee that an inmate
will be paroled. Other factors may enter into the decision
to grant or deny parole, most commonly the establish-
2
From Wikipedia, the free encyclopedia Parole
ment of a permanent residence and immediate, gainful Parole is a controversial political topic in the United
employment or some other clearly visible means of self- States. According to the U.S. Department of Justice, at
support upon release (such as Social Security if the pris- least sixteen states have abolished parole entirely, and
oner is old enough to qualify). Many states now permit four more have abolished parole for certain violent of-
sentences of life imprisonment without the possibility of fenders.[9] During elections, politicians whose adminis-
parole (such as for murder and espionage), and any pris- trations parole any large number of prisoners (or, per-
oner not sentenced to either this or the death penalty haps, one notorious criminal) are typically attacked by
will eventually have the right to petition for release (one their opponents as being "soft on crime". The US Depart-
state – Alaska – maintains neither the death penalty nor ment of Justice (DOJ) stated in 2005 that about 45% of
life imprisonment without parole as sentencing options). parolees completed their sentences successfully, while
Before being granted the privilege of parole, the in- 38% were returned to prison, and 11% absconded. These
mate meets with members of the parole board and is in- statistics, the DOJ says, are relatively unchanged since
terviewed, The parolee also has a psychological exam. 1995; even so, some states (including New York) have
The inmate must first agree to abide by the conditions abolished parole altogether for violent felons, and the
of parole set by the paroling authority. While in prison, federal government abolished it in 1984 for all offenders
the inmate signs a parole certificate or contract. On this convicted of a federal crime, whether violent or not. De-
contract are the conditions that the inmate must follow. spite the decline in jurisdictions with a functioning pa-
These conditions usually require the parolee to meet reg- role system, the average annual growth of parolees was
ularly with his or her parole officer or community cor- an increase of about 1.5% per year between 1995 and
rections agent, who assesses the behavior and adjust- 2002.
ment of the parolee and determines whether the parolee A variant of parole is known as "time off for good be-
is violating any of his or her terms of release (typically havior", or, colloquially, "good time". Unlike the tradi-
these include being at home during certain hours which tional form of parole – which may be granted or denied
is called a curfew, maintaining steady employment, not at the discretion of a parole board – time off for good be-
absconding, refraining from illicit drug use and some- havior is automatic absent a certain number (or gravity)
times, abstaining from alcohol), attend drug or alcohol of infractions committed by a convict while incarcerated
counseling, have no contact with their victim. The in- (in most jurisdictions the released inmate is placed under
mate gives an address which is verified by parole officers the supervision of a parole officer for a certain amount of
as valid before inmate is released on to parole supervi- time after being so released). In some cases "good time"
sion. can reduce the original sentence by as much as one-third.
Upon release, the parolee goes to a parole office and It is usually not made available to inmates serving life
is assigned a parole officer. Parole officers go to parolees’ sentences, as there is no release date that can be moved
houses or apartments to check on them as unannounced up.
visits. During these home visits officers look for signs of
drug or alcohol use, no guns or illegal weapons are in US immigration law
the parolees residence, and look for signs of other illegal Main article: Parole (United States immigration)
activities. Should parolees start to use drugs or alcohol, In US immigration law, the term parole has three differ-
they are told to go to drug or alcohol counseling and NA ent meanings.
or AA meeting. Should they not comply with conditions A person who does not meet the technical require-
on the parole certificate a warrant is issued for their ar- ments for a visa may be allowed to enter the U.S. for hu-
rest. Their parole time is stopped when the warrant is is- manitarian purposes. Persons who are allowed to enter
sued and starts only after they are arrested. They have a the U.S. in this manner are known as parolees.
parole violation hearing within a specified time, and then Another use related to immigration is advance pa-
a decision is made by the parole board to revoke their pa- role, in which a person who already legally resides in
role or continue the parolee on parole. In some cases, a the U.S. needs to leave temporarily and return without
parolee may be discharged from parole before the time a visa. This typically occurs when a person’s application
called for in the original sentence if it is determined that for a green card (permanent residency) is in process and
the parole restrictions are no longer necessary for the the person must leave the U.S. for emergency or business
protection of society (this most frequently occurs when reasons. In the wake of September 11, 2001, there has
elderly parolees are involved). been greater scrutiny of applications for advance pa-
Service members who commit crimes while in the US role.[10]
military may be subject to Court Martial proceedings un- A person who goes out of the country on "advanced
der the Uniform Code of Military Justice (UCMJ). If found parole" has to go through the following process: Canada
guilty, they may be sent to Federal or Military Prisons by road: US Immigration officers will require you to sub-
and upon release may be supervised by U.S./Federal Pro- mit one parole document to them. They will stamp your
bation Officers.
3
From Wikipedia, the free encyclopedia Parole
passport and another parole document, and issue a new • ParoleWatch
I-94 form. • Rehabilitation Policy
The term is also used to denote scenarios in which the
federal government orders the release of an alien inmate
incarcerated in a state prison before that inmate’s sen-
References
tence has been completed, with the stipulation that the [1] Morgan O. Reynolds (June 1, 2000), Privatizing
inmate be immediately deported, and never permitted to Probation and Parole, National Center for Policy
return to the United States. The most celebrated exam- Analysis, http://www.ncpa.org/pub/st233
ple of this form of parole was that of Lucky Luciano, who [2] http://books.google.com/
was being "rewarded" for cooperating with the war ef- books?id=o0rjRPnO7K4C&pg=PA408&lpg=PA408&dq=history+of+pa
fort during World War II. In most cases where such pa- [3] "China Grants Convicted Scholars Medical Parole".
role is resorted to, however, the federal government has The Chronicle of Higher Education.
deemed that the need for the immediate deportation of http://chronicle.com/weekly/v47/i47/
the inmate outweighs the state’s interest in meting out 47a04501.htm. Retrieved 2008-01-13.
punishment for the crime the inmate committed. [4] "US lawmakers demand China grant dissident
medical parole". Agence France-Presse via MyWire.
2005-01-20. http://www.mywire.com/pubs/AFP/
Prisoners of war 2005/01/20/707421?extID=10037&oliID=229.
Parole is "the agreement of persons who have been taken Retrieved 2008-01-13.
prisoner by an enemy that they will not again take up [5] http://www.paroleboard.govt.nz/about-us/cases-
arms against those who captured them, either for a limit- and-eligibility.html
ed time or during the continuance of the war".[11] The US [6] http://www.paroleboard.govt.nz/__data/assets/
Department of Defense defines parole more broadly. "Pa- pdf_file/0011/477515/
role agreements are promises given the captor by a POW NZPB_Annual_Report_09_10.pdf
to fulfill stated conditions, such as not to bear arms or [7] http://books.google.com/
not to escape, in consideration of special privileges, such books?id=o0rjRPnO7K4C&pg=PA408&lpg=PA408&dq=history+of+pa
as release from captivity or lessened restraint."[12] [8] In re Jeanice D., 28 Cal. 3d 210 (1980) ("25 years to
The practice of paroling enemy troops began thou- life" is indeterminate life sentence implying that
sands of years ago, at least as early as the time of minor convicted of first-degree murder was
Carthage.[13] Parole allowed the prisoners’ captors to eligible for commitment to California Youth
avoid the burdens of having to feed and care for them, Authority rather than determinate life sentence
while still avoiding having the prisoners rejoin their old which would require incarceration in regular
ranks once released; it could also allow the captors to prison).
recover their own men in a prisoner exchange. Hugo [9] In 1984 Congress abolished parole for federal
Grotius, an early international lawyer, favorably dis- crimes committed beginning November 1987. The
cussed prisoner of war parole.[14] During the American U.S. Parole Commission was enabled to continue
Civil War, both the Dix-Hill Cartel and the Lieber Code operations for prisoners still eligible for parole,
set out rules regarding prisoner of war parole.[15] Francis that is, who committed crimes prior to November
Lieber’s thoughts on parole later reappeared in the Dec- 1987. "Parole system in transition assailed as
laration of Brussels of 1874, the Hague Convention, and unfair". Newsday, May 2, 2007.
the Geneva Convention Relative to the Treatment of [10] http://uscis.gov/graphics/publicaffairs/
Prisoners of War.[16] advisories/advisory.htm
In the United States, current policy prohibits US sol- [11] 2 Bouvier’s Law Dictionary 2459 (1914)
diers who are prisoners of war from accepting parole. [12] US Department of Defense Directive 1300.7,
The Code of Conduct for the US Armed Forces states: "I Training and Education Measures Necessary to
will accept neither parole nor special favors from the en- Support the Code of Conduct (23 Dec 88).
emy."[17] This position is reiterated by the Department of [13] Herbert C. Fooks, Prisoners of War 297 (1924).
Defense. "The United States does not authorise any Mil- [14] Hugo Grotius, De Jure Belli ac Pacis (1625), reprinted
itary Service member to sign or enter into any such pa- in 2 Classics of International Law 853-54 (J. Scott
role agreement."[18] ed. 1925).
[15] James M. McPherson, Battle Cry of Freedom 791
See also (1988); U.S. Army General Orders No. 100 (24 April
1863), reprinted in R.S. Hartigan, Lieber’s Code and
• Parol evidence rule the Law of War 45-71 (1983).
• Ticket of leave [16] Annex to Hague Convention IV Respecting the
• Release on temporary licence Laws and Customs of War on Land, Art. 10 (1907)
4
From Wikipedia, the free encyclopedia Parole
and Geneva Convention Relative to the Treatment • US Department of Justice, "Probation and Parole in
of Prisoners of War, Art. 21 (1949), both reprinted the United States, 2004" (pdf file)
in Documents on the Laws of War 216 (A. Roberts &
R. Guelff ed. 1982).
[17] Code of Conduct for Members of the Armed Forces
External links
of the United States, Exec. Order No. 10,631, 20 Fed. • California Reentry Programme - Helping parolees re-
Reg. 6057, 3 C.F.R. 1954-58 Comp. 266 (1955), as enter society
amended by Exec. Order No. 12,017, 42 Fed. Reg. • Term to Life Prisoner Support
57941 (1977); and Exec. Order No. 12,633, 53 Fed. • How Parole Board hearings work (Directgov, England
Reg. 10355 (1988). and Wales)
[18] DoD Directive 1300.7, Enclosure 2, Para. B3a(5).
Retrieved from "http://en.wikipedia.org/w/index.php?title=Parole&oldid=462747693"
Categories:
• Criminal law
• Legal terms
• Parole
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