PROBATION AND PAROLE

Probation and Parole

Probation and Parole

Introduction

Probation is “releasing convicted offenders into the community under a conditional suspended sentence, avoiding imprisonment for those offenders showing good behavior under the supervision of a probation officer.” In contrast, parole is the conditional release from prison that allows the person to serve the remainder of the sentence outside of prison (Hood and Shute 2000). The role of probation and parole in the administration of criminal justice has been extensively studied. Parole, a system for the early release of medium and long-term prisoners, was first introduced in the Criminal Justice Act 1967 (Coyle 2005). Probation offers a critical solution to the prison overcrowding problem while also providing cost-effective and socially beneficial means by which to punish law breakers. This paper explores the different aspects of probation and parole, determining the effectiveness of each option on different basis.

Probation

Probation is a measure of criminal law, consisting in establishing for the convict, the correction of which can be achieved without actually serving a sentence, during which the convicted person must prove his correction. At the same time his behavior will be monitored by a special government body, it may be assigned additional duties that contribute to his improvement (Cavadino and Dignan 2007). If during the probation period the convicted person evades the control and execution of his duties, or commits an offense or offenses, probation may be revoked, then the sentence is executed really starts. Upon completion of the probationary period, or if before the expiration of the probationary period the conditionally convicted by his behavior showed his reform, restrictions are removed from the convicted, a conviction is paid off.

Probation legislation in countries around the world

The law countries this institution has other names: probation (Article 66.00 of the Criminal Code of the State of New York), the conditional deferral of punishment (§ 56 of the Criminal Code of Germany), conditional cessation of criminal proceedings (Article 66 of the Criminal Code of Poland), probation (Art. 69 of the Criminal Code of Tajikistan), etc (Cavadino and Dignan 2007).

The legal nature of probation

Scientists point out that the term "probation" is not quite accurate: the condemnation is quite real, is only a contingent assigned to convict the main sentence. The question of the legal nature of probation is controversial. Some scientists consider it a special kind of punishment, while others - as a stay of execution of punishment, and others - as a means of educational influence on the correction of the convict, the fourth - as another measure of criminal law, the fifth - a form of conditional release from serving a sentence, sixth - as a special order of punishment, in which the sentence not be carried out (Coyle 2005).

Probation does not provide an exhaustive list of types of punishment in the art. 44 of the Criminal Code, it may not be related to the scale of gravity with other kinds of punishment. In this case the sentence is to be executed, as implemented by an additional punishment, ...