Probation and Parole: Role, History, Implications
Introduction
Probation is a treatment that enables criminals to avoid being incarcerated, while parole enables them to get released from prison after serving a given portion of their sentence. The goal of parole and probation is to allow the criminal offenders to rehabilitate as they get back to society hence lowering the chances of getting involved with illegal activities. The logic behind probation is that the offender is sentenced by the court for a fixed period to the community service under supervision rather than being taken to jail. Probation is considered an act of mercy by the court to the offender. On the other hand, parole is a prison extension done under certain factors. For example, when the offender portrays good behavior, and there is evidence of change, the offender does not pose a threat to the community. The paper focuses on the role of probation and parole in the criminal justice system, the history of the two programs, their positive implication on offenders, and the negative outcome of incarceration among offenders.
Role of Probation and Parole in the Criminal Justice System
Parole and probation play a significant role in that they are part of the pillar of correction in the criminal justice system. Correction handles the punishment and sentencing of offenders, and it is adjudicated by the court of law. The main target of correction is creating an environment where the abusers are given a chance for reform. They are monitored and released when they are perceived to be ready to join the community once more without the intention of disrupting peace or committing a crime (Crowder & Turvey, 2013). The parole and probation officers are responsible for ensuring that the offenders are released into society when they have good morals. Probation and parole are integrated into the juvenile and the criminal justice system. They have a significant role in providing a wide range of operations from enforcing the law, sentencing criminals, and releasing them into the community.
These corrections help serve the community through decision-making, free labor to the community, and securing the custodial facilities. The program provides significant supervision to the offenders as they get into a new life of change. In the United States, the program has proven to be effective in correcting many criminals and giving them a quality life. Statistics show that probation and parole in the United States have considerably reduced incarceration rates. In 2019, one out of fifty-nine individuals were in the parole and probation system compared to one out of forty-six in 2000 (Oudekerk & Kaeble, 2021). The programs help the criminal justice system shape the offenders in society by preventing them from the outcome of incarceration. The two programs have a critical role in preventing the juvenile from being negatively affected by criminal activities as this gives them a chance out of the criminal life. Other effects of probation and parole include assessments and advice to courts, offender management, management of community orders and licenses, management of risk, and victim involvement in restorative justice.
Assessments and Advice to Courts
Probation is essential in aiding the criminal justice system, especially in the court. The service of probation officers provides the court with important information that helps in decision-making. The information presented is either written or verbally and is used as an alternative whenever appropriate (Khan, 2013). This enables the court to identify the most significant method in dealing with the offender’s sentencing. Probation officers usually have a considerable amount of time to assess and evaluate the offender than the court making it essential.
Offender Management
Parole and probation provide a suitable method of handling the offenders. It enables the criminal justice system to monitor the offender’s progress rather than through the probation and parole officers. These officers are trained in handling the offenders as well as promoting their behavioral change as they get prepared to rejoin society (Khan, 2013). An exemplary procedure of managing the offenders is critical in ensuring significant transformation.
Management of Community Orders and License
Probation and parole have a critical role in monitoring progress, compliance, and reporting of violations. The managers of parole and probation check on various interventions that enable the offender to face issues that enhance their offending (Khan, 2013). The programs are designed to influence the behavior and attitude of the offender. This allows the criminal justice system to develop programs that are either generic or suited for certain types of offenses.
Management of Risk
The role of probation and parole in the criminal justice system extends from enhancing change among the offenders to managing individuals who are perceived as risky. The programs utilize the offender assessment system where the offender is assessed on various risks such as thinking problems and attitudes, the chance of being reconvicted, and substance misuse (Khan, 2013). This provides critical advice to parole and probation officers, which will help in risk management decisions. Furthermore, it helps analyze the offender’s change during the sentence.
Victim Involvement in Restorative Justice
Under the criminal justice system, probation and parole have a legislative obligation in informing the offender’s victims regarding the progress of the perpetrator. The probation and parole officer ensures that the victims are up to date on the offender’s condition (Khan, 2013). This is crucial for the victim as they are required to comment on the offender when being released. For example, when the victim is unsafe, conditions regarding contact are included in the license.
History of Probation
The idea of commissioning community supervision of criminal sentences is dated back to the 1700s. It is noted that throughout the 18th century, there was significant use of recognizances, securities, and bonds. The actions were in the form of bail used for various offenses such as stealing and adultery. Whenever the judge gave the bailout, the offender’s case was usually adjourned before the imposition of a sentence. The offender was usually released on securities or bonds that ensured that they would return to the court. Conversely, during this time, the bail ensured that the convict abides by the law for a specified period after conviction. The court could also impose s fine where the convict would be required to pay a specified portion of the bond to the community member who guaranteed the convict (Lucken, 2021). This was meant to ensure that the convict would have good behavior for a year. When the court finds that the convict abides by the set laws and regulations, the bond is considered void and returned to the affected party in full. Bonds used to serve as an assurance, or sometimes it was combined with whipping, fines, etc.
Bonds usage was significantly different than today’s probation as the imposed supervision was not a punishment. The offendant used monitoring time to prove changed so that the set punishment could not be charged in the later period. This action explains returning funds to the offender upon successful completion. The practice was also extended to those individuals who the court has acquitted (Lucken, 2021). When the jury finds a person not guilty, the judge could also issue a supervision bail whenever they are not convinced of the offender’s innocence.
In the mid-19th century, the second stage of probation evolved significantly. The United States of America was developing into an independent nation. Most Americans were confident regarding their future, and the idea of human intervention altering individuals’ fate led to the development of charitable institutions and asylum. The created associations and charitable institutions focused on correcting the moral values of individuals, such as gambling and alcoholism. In 1841, Augustus, a wealthy shoemaker in Boston, came up with the probation idea (Lucken, 2021). At one point in the court, a man heavily taken by the drinking habit told Augustus that he could not engage again in drinking if anyone could save him from the correction penalty. Augustus then helped the individual to get a reduced sentence of three weeks. The individual convinced the court that he was changed after supervision, and he only paid a fine.
That brought the beginning of probation, and John Augustus began implementing the program with supervision for a given period. Augustus believed that crime prevention was the best way to handle crime, and the purpose of laws was to only punish rather than reform. Augustus used his method to replicate the colonial techniques. Probation continued in the early 20th century as the development of social sciences expanded. The progressive movement focused on enabling the government to handle domestic problems. Social sciences brought the idea that anyone can improve regardless of age. This has made the current court system consider making punishment that suits the criminal instead of focusing on the crime.
History of Parole
Parole is dated back to the progressive era when reforms were based on supervision. They are linked with the history of prisons around the 1820s. During this period, the prison was the sanctions used and the offenders used to get released before they could complete their sentence. The period was about months, and in some instances, the offenders got released years before sentence completion. The prison administrators realized that offering hope to the offenders was the best method of giving them hope of reformation (Lucken, 2021). The hope provided was in the form of abridgment, and the governor of the state did the pardon. Pardon was freely given to the offenders as a form of mercy. The verdict was provided by the governor or the law, and it varied from one state to another. When the ruling was based on the law, the sentence was awarded on a fixed scale.
The commutation provided did not wipe the offender’s criminal record, but it enabled the offender to go free without supervision. However, the privilege was mainly reserved for known and wealthy people. There are cases where the pardon was also awarded to ordinary offenders. For instance, common offenders in New York were given early release because there was no room for housing them. In 1812, and 1813, 740 and 198 offenders were pardoned, respectively. From 1792 to 1822, 5069 offenders were incarcerated, out of which 2819 were given early release (Lucken, 2021). In the mid-19th century, the sentence commutation advanced to good time laws, applied in multiple states.
In 1869, more than 29 states had passed the law, which helped the penitentiaries control inmates’ overcrowding. The laws were based on an individual’s behavior; for example, in Illinois law, an inmate who has good behavior could have the sentence reduced by 24 months, and in some instances, a 10-year jail term could be reduced to 6 years. In 1890, more than 38 states had enacted the law increasing the number of states to 46 by 1910 (Lucken, 2021). The legislation on parole increased dramatically in the United States. Parole was considered the most effective despite having good time laws. The active usage of parole has grown since then, depending on the inmates’ behavior.
Advantages of Probation and Parole to Offenders
Probation and parole have proven to be essential measures in managing offenders. Probation has enabled the criminal justice system to give the offenders a chance to function in society productively instead of being taken to prison (Suttmoeller & Keena, 2012). Probation is based on second chances, which are essential in enabling behavioral transformational among criminal offenders. Offenders are rewarded with an opportunity to redeem themselves as the system monitors their behavior. This alternative to incarceration help families stays united as parents can shape their children’s behaviors. Furthermore, probation and parole enable the offender to work in the community (Suttmoeller & Keena, 2012). In the process, they earn a given amount that allows them to satisfy the needs of their families and friends. Parole enables offenders to have a supervised transition that helps them adjust effectively to rejoin the community.
Negative Effects of Incarceration
Most incarcerated individuals are in institutions with high capacity with inhumane conditions. These areas lack adequate measures that help respond to pandemics, labor exploitation, and states of emergency (Torres et al., 2020). The offenders have a high chance of about five times above the general population of getting infected by sexually transmitted infections such as HIV (Torres et al., 2020). Additionally, the penitentiary statistics show that approximately ten to twenty percent of the inmates have severe mental health problems enhanced by the prisons’ conditions (Torres et al., 2020). Offenders also have a lot to lose in life as it affects most of their rights as citizens. For example, incarcerated individuals cannot participate in voting exercises, making them unable to select individuals they want to support. Furthermore, the incarceration affects their work record as they cannot work in various federal organizations or other areas (Torres et al., 2020). There have been multiple instances where the offenders lose their lives because of being incarcerated. It makes them lose contact between themselves and their family members, such as their children, making most of them emotionally unstable as they cannot take care of their families.
The offenders tend to develop interpersonal distrust, hypervigilance, and suspicion. This is because the prisons are usually very dangerous, and inmates tend to develop a sense of threat that may lead to personal risks. Hypervigilant results from the prison environment where the prisoners take advantage of their fellows’ inattention and carelessness (Pettit & Gutierrez, 2018). This promotes the development of a sense of distrust and suspicion as a tool that one requires to survive within the penitentiary. Social withdrawal and isolation are also common problems among incarcerated criminal offenders (Chan & Boer, 2016). Offenders develop social invisibility that results in isolation as they adjust to prison life. Prison life has significant stress that isolates individuals, resulting in mental problems. Moreover, there is a higher chance of developing post-traumatic stress after the prisoner’s release because of the condition that one got exposed to within the prison environment. This may be a result of victimization that usually takes place in the prison systems
Conclusion
In conclusion, parole and probation are programs that help reform the criminal offenders in society with the supervision of law enforcers. The program plays a critical role in the criminal justice system in that they are part of the element of correction. They help shape criminal offenders before being released to the community. The other significant effect of these programs includes assessments and advice to the court, offender management, management of community orders and license, management of risk, and involvement of the victim in the criminal justice system. Probation dates back to the 1700s, when the court utilized bonds and other securities to prevent crimes such as adultery and stealing. During this period, the court gave the bail to ensure that the criminal abide by the laws.
Probation developed significantly in the mid-19th century, and Augustus brought it up. The development of social sciences geared toward the evolution of probation. Parole is dated back to the period of offender supervision in the 1820s. Sentence commutations were provided as a mercy to the criminal offenders by the state governors or law. Probation and parole play a critical role in providing the offender with a chance to reform. They are an alternative to incarceration, enabling individuals to take care of their families. There are various adverse outcomes of incarceration, which include mental and physical health problems, loose of certain rights as citizens, loss of life in certain situations, interpersonal distrust, hypervigilant, social isolation, and withdrawal.
References
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