NCJ Number
63847
Journal
Louisiana Law Review Volume: 39 Issue: 1 Dated: (FALL 1978) Pages: 1-41
Date Published
1978
Length
41 pages
Annotation
THE STRUCTURE AND OPERATION OF PAROLE DECISIONMAKING IN FRANCE ARE EVALUATED.
Abstract
ALTHOUGH THE ORIGINAL INTENT OF PAROLE AS INTRODUCED IN FRANCE IN THE MID-19TH CENTURY WAS TO REWARD INMATES WITH SUPERVISED LIBERTY BEFORE THE FULL TERMINATION OF THEIR SENTENCES, PAROLE DECISIONS (ENTRUSTED TO CORRECTIONS ADMINISTRATORS) CAME TO BE MADE ON THE BASIS OF ADMINISTRATIVE EXPEDIENCY. TO COUNTERACT THIS TREND, THE JUDGE OF THE APPLICATION OF SENTENCES (JAS) WAS ESTABLISHED IN 1958 WITH THE AUTHORITY TO CONTROL AND OVERSEE PAROLE DECISIONS AND THE ENTIRE POSTSENTENCE REGIME. A JAS IS ASSIGNED TO EACH PRISON FOR 3 YEARS. THE JAS IS REQUIRED TO VISIT THE PRISON IN HIS CHARGE AT LEAST ONCE A MONTH TO DETERMINE THE CONDITIONS UNDER WHICH INMATES ARE SERVING THEIR SENTENCES. THE JAS MUST EXAMINE ALL OF THE INMATE REGISTERS, WITH SPECIAL ATTENTION TO THE RECORDS SHOWING ELIGIBILITY FOR PAROLE. THE PRISON WARDEN HAS CONTROL OVER THE PREPARATION OF THE INMATE DOSSIER, WHICH IS CRUCIAL IN PROVIDING INFORMATION FOR THE PAROLE DECISION. THE JAS ALSO HAS THE AUTHORITY TO REVOKE PAROLE FOR VIOLATION OF CONDITIONS, CONVICTION FOR ANOTHER OFFENSE, OR BAD CONDUCT. THE GRANTING OF PAROLE AUTHORITY TO THE JUDICIARY APPEARS TO COUNTERACT THE INFLUENCE OF CORRECTIONS ADMINISTRATORS IN MANIPULATING THE PAROLE DECISION. FOOTNOTES ARE PROVIDED. (RCB)