NCJ Number
47756
Journal
Federal Probation Volume: 42 Issue: 1 Dated: (MARCH 1978) Pages: 21-28
Date Published
1978
Length
8 pages
Annotation
THE AMERICAN AND BRITISH SYSTEMS OF PAROLE ARE OUTLINED, AND DIFFERENCES AND SIMILARITIES BETWEEN THE NEARLY 100-YEAR-OLD AMERICAN SYSTEM AND THE 10-YEAR-OLD BRITISH SYSTEM ARE EXAMINED.
Abstract
THE U. S. PAROLE SYSTEM BEGAN IN NEW YORK, WHERE YOUTHFUL OFFENDERS WERE GIVEN INDETERMINATE SENTENCES WITH THE POSSIBILITY OF PAROLE AT ANY TIME AFTER 1 YEAR. RELEASE INVOLVED AN ELABORATE REVIEW PROCESS, AND ELIGIBILITY WAS DETERMINED BY THE INMATE'S HAVING EARNED A SPECIFIED NUMBER OF MARKS. ONCE RELEASED, THE OFFENDER WAS REQUIRED TO OBEY CERTAIN RULES OR FACE RETURN TO THE REFORMATORY. IN 1889, PAROLE WAS INTRODUCED INTO ADULT CORRECTIONS, AND BY THE EARLY 20TH CENTURY, SENTENCING LAWS WERE CHANGED TO INCREASE INMATE ELIGIBILITY FOR PAROLE. AS THE PAROLE SYSTEM GREW, INDETERMINATE OR MODIFIED INDETERMINATE SENTENCES BECAME WIDESPREAD, THUS SUBSTANTIALLY REDUCING THE JUDICIARY'S ROLE IN SENTENCING. IN ENGLAND, SCOTLAND, AND WALES, PAROLE WAS GRAFTED ONTO A FIXED SENTENCING SYSTEM IN 1968, WITH THE PAROLABLE PORTION OF THE SENTENCE PRECISELY SPECIFIED. PRIOR TO 1968, PRISONERS WERE RELEASED ON A REMISSION SYSTEM WHICH PERMITTED AUTOMATIC RELEASE OF PRISONERS AFTER THEY HAD SERVED TWO-THIRDS OF THEIR SENTENCE, PROVIDED THERE HAD BEEN NO MISBEHAVIOR DURING INCARCERATION. A LOCAL REVIEW COMMITTEE AT EACH PRISON DETERMINES INMATE ELIGIBILITY, AND PAROLE DECISIONS ARE MADE BY A PAROLE BOARD COMPOSED OF JUDGES, PSYCHIATRISTS, CRIMINOLOGISTS, PROBATION PROFESSIONALS, AND LAY MEMBERS. ELIGIBILITY REQUIRES THAT ONE-THIRD OR 12 MONTHS OF THE SENTENCE, WHICHEVER IS LONGER, HAS BEEN SERVED. IN GENERAL, THE FIRST THIRD OF THE SENTENCE IS SERVED, THE SECOND THIRD OF THE SENTENCE IS PAROLABLE, AND THE FINAL THIRD OF THE SENTENCE IS USUALLY REMITTED. FACTORS CONSIDERED IN PAROLE DECISIONMAKING INCLUDE THE NATURE OF THE OFFENSE, PRISON BEHAVIOR AND TREATMENT RESPONSE, MENTAL AND PHYSICAL CONDITION, HOME CIRCUMSTANCES AND EMPLOYMENT PROSPECTS, AND COOPERATION WITH PAROLE SUPERVISION. IF PAROLE IS DENIED, A REVIEW IS SCHEDULED AFTER AN ADDITIONAL 12 MONTHS. EACH PAROLEE RECEIVES A PAROLE LICENSE WHICH SPECIFIES THE CONDITIONS OF RELEASE. UNDER THE BRITISH SYSTEM, MUCH OF THE DISCRETIONARY DECISIONMAKING INVOLVED IN CORRECTIONS IS AVOIDED OR PRECISELY DEFINED AND LIMITED, UNLIKE THE U.S. SYSTEM IN WHICH DISCRETIONARY PROCEDURES OCCUR AT EVERY STAGE FROM ARREST TO PAROLE. IN ADDITION, RESPONSE TO PRISON TREATMENT IS ONLY ONE OF A NUMBER OF FACTORS CONSIDERED IN BRITISH PAROLE DECISIONS. IT IS CONCLUDED THAT CORRECTIONAL REFORMERS SHOULD CONSIDER THE ADVANTAGES AND DISADVANTAGES OF BOTH TYPES OF SYSTEM. REFERENCES ARE PROVIDED. (JAP)