NCJ Number
44056
Date Published
1977
Length
26 pages
Annotation
THE HISTORY AND MECHANICS OF PROBATION AND PAROLE IN THE UNITED STATES ARE REVIEWED, AND ISSUES SURROUNDING THE USE OF PROBATION AND PAROLE AS ALTERNATIVES TO INCARCERATION ARE DISCUSSED.
Abstract
PROBATION IS ANY COURT SENTENCE THAT IMPOSES CONDITIONS ON THE OFFENDER FOR A SPECIFIED PERIOD OF TIME BUT DOES NOT REQUIRE THAT THE OFFENDER BE CONFINED. SUPERVISION IS THE MOST SIGNIFICANT CHARACTERISTIC OF PROBATION. WHILE IN PROBATION THE OFFENDER IS PERMITTED TO REMAIN FREE IN LIEU OF GOING TO JAIL OR PRISON, THE PAROLED OFFENDER IS RELEASED FROM CUSTODY AFTER HAVING BEEN INCARCERATED FOR AT LEAST A PROBATION OF HIS SENTENCE. THE HISTORY AND PROCESS (SUPERVISION REQUIREMENTS, USE OF VOLUNTEERS, TYPICAL CONDITIONS) OF BOTH PROBATION AND PAROLE ARE DISCUSSED. THE LEGAL RIGHTS OF PROBATIONERS AND PAROLEES ARE CONSIDERED, WITH REFERENCE TO THE VIEW THAT PROBATION AND PAROLE ARE PRIVILEGES RATHER THAN RIGHTS. VARIATIONS OF PROBATION AND PAROLE -- PRECONVICTION PROBATION, UNOFFICIAL PROBATION, OTHER FORMS OF PRETRIAL INTERVENTION, HOME VISIT PROGRAMS FOR PRISONERS, HALFWAY HOUSES, AND OTHER PAROLE-RELATED ARRANGEMENTS -- ARE NOTED. RESEARCH ON THE EFFECTIVENESS OF PROBATION AND PAROLE IN REDUCING RECIDIVISM IS DISCUSSED. IT IS POINTED OUT THAT, EVEN IF THE CONCLUSION IS ACCEPTED THAT PROBATION AND PAROLE ARE NO BETTER CORRECTIONAL TECHNIQUES THAN IMPRISONMENT, IT MUST BE REMEMBERED THAT PROBATION AND PAROLE ARE MUCH LESS EXPENSIVE AND CONSIDERABLY MORE HUMANE THAN IMPRISONMENT. A CHAPTER TEST AND A LIST OF REFERENCES ARE INCLUDED.