Illegal Immigration Issues - Coursework Example

Running Head: ILLEGAL IMMIGRATION Illegal Immigration s Illegal Immigration Introduction The concept ofletting indicted prisoners out on parole has always had both its supporters and its nay-sayers. Many feel that the idea of letting known offenders out in the hope that they will not repeat their crimes against society is a little irresponsible. However, the humanitarian approach to crime control suggests that the right way to bring about reform in society with respect to crime is to give people the chance to correct their behavior and to bring about a change in themselves, so that they may become better and more responsible citizens of the future. It is with this ideological framework in mind that this paper sets out to present an informative look at the New York State's system of parole and probation. The word 'parole' has its origins in the Latin term "probare," meaning "to prove" or "to test," and the term was coined by John Augustus ("A Brief History of Probation," 2006). The meaning of the term suggests, therefore, that parole is a chance given to a person to prove that they are deserving of the right to live in society among free people without being a threat to others or to themselves. The idea of probation is an opportunity given to a former criminal to absolve themselves of the charges against them, and to prove to the authorities, to society, and most importantly, to themselves, that they are capable of conducting themselves in a manner in which they can follow the norms of the society that they live in. (Jeffrey et al., 2003) In terms of the history of probation, two names are definitive: John Augustus and Matthew Davenport Hill. Hill was a judge who "had witnessed the sentencing of youthful offenders to one-day terms on the condition that they be returned to a parent or guardian who would closely supervise them" ("A Brief History," 2006). Hill applied the same idea of 'guardianship' of criminal offenders to the legal system: When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them. Hill had police officers pay periodic visits to these guardians in an effort to tack the offender's progress and to keep a running account. ("A Brief History," 2006) The above citation illustrates a very important aspect of probation: that not everyone is worthy of it. It is only when people in prison demonstrate, either through good conduct or because of the nature of their crimes, or for any other valid reason, that they deserve the chance to be free again, that they may be offered release on probation. Augustus, like Hill, also came up with the idea of probation based on an analogy with another practice; in his case, he was inspired by the way in which victims of alcohol abuse can be reformed through rehabilitation. (Robert et al., 2002) Widely regarded as the world's first parole officer, Augustus was the owner of a successful boot-making business in early nineteenth-century Boston before he made his entry into the judicial system. He believed that those who had committed crimes "could be rehabilitated through understanding, kindness and sustained moral suasion, rather then through conviction and jail sentences" ("A Brief History," 2006). The first person ever to be paroled was a "common drunkard" in 1841, who "was ordered to appear in court three weeks [after his] sentencing. He returned to court a sober man [] To the astonishment of all in attendance, his appearance and demeanor had dramatically changed," ("A Brief History," 2006) and thus began the system of probation in America. The State of New York State had the official beginning of the system of probation in 1901. by 1917, a State Division of Probation had been implemented in the State's Department of Corrections. The Division of Probation office remained within the Department of Corrections until 1970 when it was organized as a separate state agency within the Executive Department. The Director of the NYS Division of Probation then became a gubernatorial appointee, directly accountable to the governor. ("A Brief History," 2006) In 1984, the Classification/Alternatives Law was established in the State of New York, which broadened the scope of the State's responsibility and implementation of the various processes relating to probation. The Division as it exists in 2006 is the second largest in the United States, the Los Angeles County Department being the largest department of probation in the country. (Martha, 2004) There are fifty-seven county probation centers in New York, with every parole office reporting to a specific center. Each department is locally administered and has its own autonomous system of functioning, although they are centrally regulated in an overall sense. According to the official New York State website's section on Law and Order, the following are the rules determining the nature of probation laws in the state: There are four ways by which inmates can be released from State prison to the community in New York State. They are: discretionary release to parole supervision, conditional release to parole supervision, release to a period of post-release supervision and completion of the term of incarceration to its maximum expiration date. The first three involve supervision by the Division of Parole; the fourth does not. ("Parole and Probation," 2006) The Sentencing Reform Act, which was passed in 1995, allows judges to directly recommend that incarcerated offenders who have exhibited non-violent behavior and have been responsible only for either drug- or property-related offences may be released under the supervision of a parole officer. As stated earlier, not all offenders are eligible for parole. This was confirmed officially when Governor Pataki effected the Sentencing Reform Act in 1998. the Act, which is commonly known as 'Jenna's Law', "eliminated parole release for all violent felony offenders (VFO's) in New York State" ("Parole and Probation," 2006). Jenna's Law was the follow up to the first Sentencing Reform Act which was passed in 1995, and which had eliminated the possibility of parole for those who were repeat offenders of crimes that could be classified as violent felonies. According to Jenna's Law, and offender must compulsorily serve six-sevenths of his/her sentence before being offered the chance for probation, and "there is no discretionary release for these individuals": After serving 6/7's of the sentence, the offender must then also begin serving a period of court-imposed post-release supervision of between 1.5 to 5 years. In serving the period of post-release supervision, the offender is under the jurisdiction of the New York State Division of Parole and is supervised in the community by a New York State Parole Officer. ("Parole and Probation, 2006) While parole is not denied to sex offenders and other high-risk cases, there is a special system of monitoring such offenders once they are released on probation. (Rusell, 2003) They may often be supervised by such methods as electronic surveillance, or, in some cases, may be monitored by a parole officer and a local law enforcement official, such as a policeman, working in tandem to ensure that the person released on parole is closely monitored during the period of his/her probation. The New York State Department of Corrections monitors around 45,000 parolees at present. Sometimes the term "releasee" is used to refer to those who are on parole. The process of releasing an offender on parole may be outlined in the following steps: 1. A discharge plan [is] developed by Parole staff working within a state correctional facility even before the inmate's release from prison. 2. The discharge plan forms the foundation for the supervision plan that is followed by a field parole officer after release. 3. Field parole officers in the community visit with releasees at their residence, meet with them regularly at scheduled office visits, and make unannounced visits to the releasee's work or program location. 4. Parole officers also conduct random drug tests of releasees in the community. 5. In addition, the field parole officer assists the releasee in obtaining vocational or rehabilitative services. ("Parole and Probation," 2006) The mission of the Division of Parole is to "Promote and enhance public safety and protection through the development and implementation of supervision and treatment plans for offenders returning to the community" ("Parole and Probation," 2006). The Division is committed to ensuring that released offenders live within the norms of the community. In some cases, Delinquency Action has to be administered if a releasee does not conform to the rules of the probation. (Jeanne et al., 2003) In case a releasee violates the rules of the parole, a detainer warrant is issued by the Division. In case the warrant is issued, the person is then held in a local correctional facility until a hearing is conducted to confirm that the conditions of the release were violated. If the charges are sustained, "the releasee may be ordered returned to state prison or referred to an alternative treatment facility - such as the Willard Drug Treatment Campus - for a duration of time to be determined by the Board of Parole" ("Parole and Probation," 2006). Conclusion Contrary to popular opinion, the terms "parole" and "probation" are not entirely synonymous. While parole refers to the conditional release of an offender after the person has served a sentence in a correctional facility, probation is a term of authorial supervision imposed on someone who has been found guilty of a non-violent criminal act that does not fall into the category of either first- or second-degree felony. Parolees are supervised by field parole officers, who also aid the parolee, after the smooth and successful completion of the period of supervised release into the community, to find effective and long-term means of rehabilitation for themselves, should they require them. The official Board of Parole, which consists of nineteen members, decides which offenders are eligible for discretionary release into the community, and how long the period of probation is required to be before the person can be released into the community on a non-supervisory basis. References "A Brief History of Probation." New York City Department of Probation. Retrieved December 11, 2006 from http://www.nyc.gov/html/prob/html/history.html. "Parole and Probation." New York State Government. Retrieved December 11, 2006, from http://www.nysegov.com/citGuide.cfmsuperCat=129&cat=436&content=relatedfaqs. Jeanne Flavin, David Rosenthal; (2003) La Bodega De la Familia: Supporting Parolees' Reintegration within a Family Context Fordham Urban Law Journal, Vol. 30 Jeffrey Fagan, Jan Holland, Valerie West; (2003) "Reciprocal Effects of Crime and Incarceration in New York City Neighborhoods" Fordham Urban Law Journal, Vol. 30, 2003 Martha Rayner; (2004) Conference Report: New York City's Criminal Courts: Are We Achieving Justice Fordham Urban Law Journal, Vol. 31 Robert J. Sampson et al. (2002), Assessing "Neighborhood Effects": Social Processes and New Directions in Research, 28 ANN. REV. SOC. 443, 443. Rusell N. Cassel; (2003) "First, Second, and Third Force Psychology Serve as the Only Scientific Means for Determining Parole Readiness and Prison Reform" Journal of Instructional Psychology, Vol. 30 Read More