Probation and Parole - Research Paper Example

Probation is usually exercised on criminals who have committed a capital offence. Both Parole and Probation are a method of reducing the overcrowding in jails by releasing them in normal society but at the same time monitoring for their behaviors. History of Parole and Probation The system of parole was introduced by Brockway Zebulon in order to facilitate more space in the overcrowded prisons. Parole provided the incentive for offenders to win their way out of prison by adopting good behavior towards inmates and wardens.

Parole was introduced as the good time statute by the Department of Justice in 1867. This statute granted the power in the hands of the warden who was responsible for recommending prisoners for parole and later monitoring these prisoners. Probation was introduced in the US law by John Augustus in order to monitor the release of offenders that still pose a threat to the society, even after serving their prison sentence in full. Augustus ‘was the first to provide ball for defendants under the authority of Boston Police Court in 1841’ (Clear, Cole and Reisig, 187).

Probations are extension to the prison sentence and were adopted by most states in 1879. Rights According to law, every individual on parole and probation is allowed to exercise certain rights. These rights are granted to the individual through the law and could only be revoked in certain conditions. Under parole and probation, the individual has the right of freedom to move. However, this freedom of movement is restricted to areas within the place specified by the individual as his residence city or state.

The probationer also has to report on a weekly basis to the probationary officer to give an account of his weekly activities. In case, the probationer commits any offense, he has the right to receive notification from the court and arrange for his defense council. The probationer also has the right to speak in front of the hearing council to plead on his own behalf. Revocation Both parole and probation could be revoked at any time if the officer in charge believes that the individual has committed any offense or gone against the conditions of the parole or probation.

In most cases, the parole and probation officer has the authority to hold the offender in custody if he has sufficient belief that the offender poses an immediate threat of society. Certain cases with respect to revocation have brought changes in existing laws. The Morrissey v. Brewer in 1972 is one such case. This case gave the parolee certain rights when being considered for revocation. Under these rights, the parolee has the right to written notice before considered for revocation and evidence and laws violated must be identified beforehand.

The Parolee also has the right to question the evidence and the witnesses presented for the case. Another case is The Pennsylvania v Scott (1998), which bars the use of evidence that has been collected without a search warrant from the parolee’s residence. Revocation laws were also updated after Gagnon v. Scarpelli (1973). This allowed probationers the right to hearing in case of being charged for any offense and the right to hire a lawyer for the hearing council (Alarid, Cromwell and Carmen, 148).

Release on Parole and Probation There are certain general conditions for Parolees and Probationers released on