Probation and Parole

Throughout I will discuss the past, present, and future of parole and probation that exists within the American criminal justice system. I will further include statistical research that was conducted by professionals to back my arguments in regard to the effectiveness both parole and probation can offer individuals, society, and the correctional facilities. Furthermore, I will be topic specific and describe how parole and probation offer an opportunity for the less serious offenders while alleviating prison over crowdedness; thereby, creating additional room for the more serious hardened career criminals.

Developed toward the end of the nineteenth century and beginning of the twentieth century, the use of probation was extremely restricted and offered no alternative means for one to become rehabilitated. Over time and with the prison populations increasing, correctional facilities, Judges, and political leaders were obligated to evaluate and make critical decisions that would better suit the needs of society, the individual inmate, and the correctional system.

Probation is a type of intermediate sanction which is considered a contemporary means of punishing individuals who have committed non-serious offences. Probation allows Judges and the correctional system the ability to punish individuals through the use of community-based corrections and intermediate sanctions. In return, probation further allows individuals to avoid incarceration, remain productive within the community, continue to provide and take the role of a parent in the family setting, and remain employed. Contemporary probation is a positive form of punishment that grants individuals the ability to live normal productive lives but not without the exception of court ordered rules and possible supervision.

Individuals who are giving probation as a means of punishment are: most likely first or second time offenders that have committed non-serious crimes, such as misdemeanors. Under certain circumstances, individuals found guilty of certain felony offence may be released back in the community but not without immediately being placed on some form of probationary rule. Probation also can be granted to individual's who have served a jail sentence, was released, but poses no serious threat to the community (Barrett, 2009).

In most states contemporary probation consists of a numerous rules and regulations. Some of these regulations require the individual wrongdoer to sign a legal binding contract with the courts. This contract in return, sets forth specific detailed rules the individual must follow at all times without question. Depending on the individuals criminal history and the circumstances at hand, some stipulations with probation require the individual to submit to a weekly urine test for drugs analysis, attend programs and treatment centers, wear a GPS tracking device, pay fines and monthly fees for restitution, perform community service, require supervised visits with probation officers, demand the individual refrain from having any contact with illegal activity or with individuals who are involved with illegal activity, register with the local police department, such as with sex offenders, have supervised contact with their children, and seek employment (Criminal Law Lawyer Source, 2009).

Any individual who violates these rules are subject to probation revocation. Probation revocation, in return places the violator in a detainer where one will be detained in jail and cannot post bail until a probable cause hearing takes place. Furthermore, a Judge or magistrate will determine if the individual's probation will be revoked and possibly followed by a jail sentence, or in a vast majority of cases, a tourniquet sentence will be issued, and stricter rules and regulations will be further added into the probationary contract (Criminal Law Lawyer Source, 2009).

According the U.S. Department of Justice Statistics Website, from the years 1990 to 2001, there has been a 47% success rate for individuals released on parole and probation. Statistics showed 57% of individuals released by a parole board were successful in comparison to 33% who were released as a result of mandatory legal requirements. Each year the recidivism rates for minorities decrease whereas minority percentages of parole and probationary success increase. Recidivism rates for Whites, on the other hand, have increased over the past years. Statistics further display at least 95% of all state prisons release inmates with 80% on parole. The majority of inmates released were drug offenders, 25% violent offenders, and 31% property offenders. In the year 2000 16 states across the U.S. abolished discretionary release by a parole board (U.S. Department of Justice, 2003).

In 1996, the attention of the Attorney General was needed to provide a wide-scale public safety policy due related alcohol abuse and crime where probation and parole was a concern. Some two million individuals or 36% who were incarcerated committed their offence while under the influence of alcohol. Furthermore, four out of 10 individuals had been victimized by someone under the influence, four out of 10 fatal motor vehicle accidents involved the use of alcohol, and approximately four out of 10 individuals on probation, in a local jail, or state prison had reported using alcohol during the time they committed the crime. This in return displayed a concerning issue linking alcohol abuse to criminal behavior and questioned the effectiveness of probation and parole (Wright, 2005) (U.S. D.O.J., 2003).

My research displays probation to be an effective form of punishment. Though statistics show almost half of all individuals on probation-parole will probably be incarcerated within a three year period, 47% over time will, in fact, remain productive, and crime free. Probation is just another tool that allows the criminal justice system another means to punish and rehabilitate without the use of incarceration. By having-offering probation, victims will receive retribution and offenders will receive punishment. One of the positive features probation has is its versatility. With the evolution of time issues found within probation can be corrected; therefore, providing a method that can alleviate individuals from becoming institutionalized. In addition, anyone receiving probation can still be incarcerated in jail or prison, and find themselves in deeper trouble if found in violation.

I believe the use of parole offers numerous benefits to the individual, society, and for the families of the parolee. In the past parole was a means to alleviate the prison facilities and anyone who had served time was able to be released from prison on parole. One leading issues our criminal justice-correctional system encountered was the lack of rehabilitative programs available that would assist with purpose of parole. Individuals released on parole found themselves more so than not quickly reliving the life of crime and being re-incarcerated. Statistics confirm approximately 45% of all parolee's will return-recidivate to prison, almost half of all released.

Furthermore another 10% of all parolee's are listed as absconders, runaways that are never found. But parole does in fact, have its benefits as its use can assuage the prison population, prevent certain individuals from becoming what is known as "institutionalized," allows one to return to society and become productive by obtaining employments and returning to care for their families. Modern parole protocol requires professionals to evaluate the individual on many areas before release. The evaluation is based on good behavior while incarcerated, rehabilitative programs, criminal history, and so forth. I believe the recidivism rate in modern parole will decrease and the use of parole will be used on a more regular wide-scale basis.

Contemporary parole like probation is extremely versatile and can be effective due to offering different forms of parole. One of the most effective types of parole in my opinion is discretionary parole. After the inmate has served a particular length of time in prison, a group of professionals on the parole board evaluate the inmate's criminal history while incarcerated. The parole board will then focus on good behavior, and the usage of rehabilitation programs the inmate may have been involved in as I have stated above. This form of parole still allows society and the victims some sense of retribution due to the inmate being forced to serve a certain number of months or years before parole can become available. Thence once released on this type of parole, individuals will may be discharged on a conditional release, meaning supervised while back in society (American Probation and Parole Association, 2009).

My opinion to the future of parole is its use should not be abolished as many would like to see as it helps alleviate prison congestion and give inmates with short-term sentences a second chance without being overly effected by the prison lifestyle. I do believe many areas within parole should be reinvented and studies that have been taking over the years should be implemented into the use of creating better parole strategies.

Furthermore, parole can be considered an important part of our criminal justice system and correctional institutions for today's society. Parole in my opinion is just another feature our criminal justice systems correctional facilities have to offer society and inmates. Without the use of parole, once again our prison systems population will continue to incline more rapidly; therefore, additional tax dollars are going to be spent on building new prison facilities or building new additions onto old ones. The more available options our judicial-criminal justice system has to offer the better. The more options we do away with the harder it is going to be on the correctional facilities, society, and the individual inmate. Parole just like probation provides an opportunity to change ones negative characteristics in to positive characteristics so the individual can become a productive citizen and function normally once released into society.

The information I find significant throughout my reading is the positive results that have been prevalent with the use of intermediate sanctions like probation and parole. A study further displayed over time demonstrated how individuals are succeeding more so than not once released back into the general population and our judicial system, society, and political leaders are all realizing incarceration is not always the best form of punishment under certain circumstance. My finding on alcohol seem staggering as almost 50% of all crimes committed involved the use of alcohol, including jail and prison violence where individuals are suppose to be closely monitored by probation and parole officers. With that being said, probation and parole in my opinion are still effective ways to punish and treat the less serious offenders and offer far more benefits than not. Probation and parole have come a long way from the day both were created, now in contemporary America, and will continue to develop in a positive manner over time.

References

American Probation and Parole Association. (2009). Position Statement. Retrieved October 11, 2009, from http://www.appa-net.org/eweb/Dynamicpage.aspx?

site=APPA_2&webcode=IB_PositionStatement&wps_key=8251643f-fb4f-4c73-ae85-67b87546e895

Criminal Law Lawyer Source. (2009). Probation. Retrieved October 9, 2009, from http://www.criminal-law-lawyer-source.com/terms/probation.html

U.S. Department of Justice. (2003). Reentry Trends in the United States. Retrieved October 10, 2009, from http://www.ojp.usdoj.gov/bjs/reentry/reentry.htm

U.S. Department of Justice. (2003). Alcohol and Crime. Retrieved October 12, 2009, from http://www.ojp.usdoj.gov/bjs/pub/pdf/ac.pdf

U.S. Department of Justice. (2005). Arrest Related Deaths in the United States. Retrieved October 11, 2009, from http://www.ojp.usdoj.gov/bjs/abstract/ardus05.htm

Wright, S. (2005). Self Protection Series: Alcohol is a Serious Problem. Retrieved October 11, 2009, from http://www.extension.umn.edu/distribution/youthdevelopment/DA3228.html