Parole is the temporary relinquishment of a detainee who agrees with certain conditions before the completion of the maximum sentence period, which comes from the French parole ("voice, spoken words"). This term became associated during the Middle Ages with the release of prisoners who gave their words.
This is very different from amnesty or a change of sentence in prison which is still regarded as their punishment, and can be returned to jail if they violate their terms of parole. Conditional parole often includes such things as obeying the law, not voting in elections, abstaining from drug and alcohol use, avoiding contact with parolee victims, obtaining jobs and keeping necessary promises with parole officers. If a parolee has a legal dependency, ie small children, a parolee may also be needed to indicate the cause of being a dedicated nanny. Certain types of parole are medical parole or compassionate release which is the release of detainees on medical or humanitarian grounds. Some judicial systems, such as the United States federal system, place the defendants in a supervised release after serving an overall prison term; this is not the same as parole. In Colorado, parole is an additional punishment after all prison sentences are presented, called "parole", per Ã,§18-1.3-401 (1) (a) (V) (B).
Video Parole
The development of modern parole
Alexander Maconochie, a geographer and Scottish captain in the Royal Navy, introduced the idea of ​​a modern parole when, in 1840, he was appointed head of the British colony prison on Norfolk Island, Australia. He developed a plan to prepare them for a return to society involving three classes. The first two consist of promotions gained through good manners, labor, and learning. The third level in the system involves conditional freedom outside the prison while obeying the rules. Violations will send them back to prison and they will start over again through the three-class process. He reformed the fare ticket system, instituting what many consider to be the world's first parole system. Prisoners are serving an unspecified punishment from which they can be released earlier if they show evidence of rehabilitation through participation in a multilevel classification system based on an exchange unit called a sign. Prisoners gain value through good manners, lose them through bad behavior, and can spend them on the way to a higher classification status that ultimately brings freedom.
In the double discovery example, in 1846, Arnould Bonneville de Marsangy proposed the idea of ​​parole (which he called "liberation of preparation") to the Civil Court in Reims.
Maps Parole
Canada
In general, in Canada, inmates are entitled to apply for full parole after serving one-third of their punishment. Inmates are also eligible to apply for parole today, and can do this before they qualify to apply for full parole.
Any detainee whose sentence is less than two years is sent to a correctional institution in the province or territory that punishes him, while whoever is sentenced to serve no less than two years will be sent to a federal penitentiary and therefore have to deal with the Canadian Parole Board.
Parole is the choice for most detainees. However, parole is not guaranteed, especially for inmates who lead lives or indefinite punishment. In the case of first-degree murder, a person may file a parole after 25 years if proven to have committed a single murder. However, if it is proven to have multiple killings (either first or second degree), the judge shall have the option of making periods of unconditional parole duty - extending the unconditional parole uncertainty beyond 25 years and, in rare cases, outside the range normal life.
China
In China, detainees are often given medical parole or compassionate release, which frees them on the grounds that they should receive medical treatment that can not be provided in prison. Sometimes, medical parole is used as a way without publicity to release prisoners who were imprisoned inadvertently.
The Chinese legal code does not have explicit provisions for exile, but often dissidents are released on the grounds that they need to be treated for medical conditions in other countries, and with the understanding that they will be confined if they return to China. Dissidently disqualified medics include Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.
Israel
Until 2001, conditional release in Israel was only possible after the prisoner had two-thirds of their sentence. On February 13, 2001, Knesset passed the bill, filed by Reuven Rivlin and David Libai, which allowed early release of prisoners who had undergone half of their prison sentence. The law was originally meant to help reduce the density of prison.
Italy
LibertÃÆ' condizionata is covered by Article 176 of the Italian Criminal Code. An inmate is eligible if he has served at least 30 months (or 26 years for life sentence), and the remaining time in his sentence is less than half the total (usually), a quarter of the total (if previously proven guilty or never convicted) or five years (for sentences over 7.5 years). In 2006, 21 inmates were awarded the libertÃÆ' condizionata .
New Zealand
In New Zealand, inmates serving short-term punishment (up to two years) are automatically released after serving half their sentence, without parole. Prisoners serving a sentence of more than two years are usually seen by the New Zealand Liberation Council after serving a third of the sentence, although judges on sentence can make an order for a minimum non-exemption period of up to two-thirds of the penalty. sentence. Prisoners serving a life sentence usually serve a minimum of 10 years, or longer depending on the minimum non-parole period, before being eligible for parole. Parole is not an automatic right and it decreases in 71 percent of trials in the year ended 30 June 2010. Many sentences include certain non-parole periods.
United Kingdom
Parole in Britain was originally a bailiwick of only the Parole Board, but is now governed by the National Management Management Service. A release condition is called a license, and parole is called released on license . There are six standard licensing terms for most detainees (non-life sentences).
- to keep in touch with your supervisor (trial officer)
- to receive visits from your watchdog
- to maintain a permanent address
- all agreements must be approved
- remain in the UK
- avoid criminal and civil offenses
Sex offenders have a seventh condition. Additional conditions of a particular license may be advised by the prison governor and established by the Trial Services.
United States
Initial history
Penologist Zebulon Brockway introduced parole when he was supervisor of the Elmira Reformatory in Elmira, New York. To manage prison populations and rehabilitate those in jail, he instituted a two-part strategy consisting of indeterminate sentences and parole.
Modern history
In the United States, a court may establish in a sentence how much time should be served before a prisoner qualifies for a parole. This is often done by setting an indeterminate sentence, say, "15 to 25 years", or "15 years to live". The latter type is known as the unspecified sentence of life; Conversely, the phrase "life without the possibility of parole" is known as the decisive life sentence.
At the federal level, Congress abolished parole in the Comprehensive Crime Control Act of 1984 (a) (5), 98 Stat. 1837, 2027 [canceled 18 USCA Ã,  § 4201 et. Seq.]). Federal prisoners may, however, obtain a maximum of 54 days of credit a good time per year against their punishment (18 U.S.C.A.§§§ 3624 (b)). At the time of sentencing, federal judges may also be specific post-prison periods of supervised release. The US Liberation Commission still has jurisdiction over parole for prisoners convicted of crimes in the District of Columbia and who are serving sentences there, as well as certain federal and military prisoners internationally.
In most states, the decision of whether a prisoner is released, held by a parole exempt authority such as parole board. Good behavior when imprisoned in and of itself does not always guarantee that a prisoner will be released. Other factors may enter into decisions to grant or deny parole, most often the formation of a permanent and direct residence, a profitable occupation or some other obvious means of self-support after being released (such as Social Security if the detainee is old enough to fulfill terms). Many countries now allow life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoners who are not sentenced to this or death penalty will eventually have the right to petition for release (one country - Alaska - defend not there is a death sentence or life imprisonment without parole as a punishment option).
Before being granted parole privileges, inmates meet with parole board members and are interviewed, the parolee also has a psychological exam. Inmates must first agree to abide by the conditional exemption conditions set by the parole authority. While in prison, the inmates sign a certificate or parole contract. In this contract is a condition to be followed by prisoners. This condition usually requires the parolee to meet regularly with the parole officer or the public correction agent, who assesses the parolee's behavior and adjustments and determines if the parolee violates any of the terms of his release (usually including being at home during certain hours called curfew , maintaining a steady job, not running away, refraining from the use of illegal drugs and, occasionally, abstaining from alcohol), attending drug or alcohol counseling, and having no contact with their victims. Inmates provide a verified address by a parole officer as valid before a prisoner is released for parole.
After being released, the parolee went to the parole office and was assigned a parole officer. The parole officer makes a surprise visit to the liberator's house or apartment to inspect them. During a visit home, officers look for signs of drug or alcohol use, firearms or illegal weapons, and other illegal activities. If parole begins to use drugs or alcohol, they are required to go to drug or alcohol counseling and meetings of Anonymous Narcotics or Alcoholics. If they do not comply with the provisions on the parole certificates, a warrant is issued for their arrest. Their parole time was terminated when the warrant was issued and started only after they were arrested. They have a trial of a parole violation within a certain time, and then a decision is made by the parole board to withdraw their parole or continue with parole. In some cases, a parolee may be exempt from parole before the time mentioned in the original sentence if it is determined that conditional restrictions are no longer required for the protection of the public (this is most often the case when parolees are involved).
Service members who commit crimes while in the US military may be subject to military court proceedings under the Military Justice Uniform Code (UCMJ). If found guilty, they may be sent to federal or military prisons and after release may be overseen by US Federal Experiment officers.
Ths United States is the only country in the world where parole is a divisive political issue. According to the US Department of Justice, at least sixteen countries have completely abolished the parole option, and four have removed parole for certain perpetrators of violence. During the election, politicians whose government frees large numbers of prisoners (or, perhaps, a famous criminal) are usually attacked by their opponents as "malleable to crime". The US Department of Justice (DOJ) stated in 2005 that about 45% of parolees successfully completed their sentences, while 38% returned to prison, and 11% escaped. This statistic, the DOJ says, has remained relatively unchanged since 1995; however, some states (including New York) have removed parole for crime, and the federal government abolished it in 1984 for all offenders convicted of federal crime, whether violent or not. Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parole is an increase of about 1.6% per annum between 1995 and 2002.
The parole variant is known as "rest time for good behavior", or, everyday language, "good time". Unlike traditional forms of parole - which can be granted or rejected on the wisdom of the parole board - a break for good behavior is an automatic absence of a certain number (or gravity) of offenses committed by a convicted person in prison (in most jurisdictions the prisoner released is placed under supervision of parole officers for a certain amount of time after being released). In some cases, "good time" can reduce the original sentence by as much as one-third. Usually not available to inmates serving a life sentence, as there is no upgraded release date.
The difference between parole and mandatory supervision
Several states in the United States have what is known as "mandatory oversight", in which a prisoner is released before the completion of their sentence because of the technical law that requires the justice system of offenders to release them. In federal prison systems, and in some countries such as Texas, inmates are compensated for "good time", which is calculated based on the time served. For example, if a prisoner is serving a five-year prison term of ten years, and also has five years of "good time", they will complete their sentence "on paper", obliging the state to release them unless considered a threat to the public in writing by the council parole. If parole is granted or denied to the discretion of the parole board, mandatory oversight does not involve a decision-making process: a person is eligible for it or not. Compulsory oversight tends to involve more lenient provisions than parole, and in some cases there is no obligation at all to individuals who are released.
US immigration law
In US immigration law, the term parole has two meanings related to allowing people to enter or leave the United States without the usual documentation required.
War prisoners
Parole is "the agreement of people who have been taken captive by the enemy that they will no longer take up arms against those who capture them, whether for a limited time or during a continuation of war." The US Department of Defense defines a wider parole: "The parole agreement is the promises that the arrestee has given to fulfill the stated conditions, such as not carrying a weapon or not running away, in consideration of privileges, such as exemption from detention or reduced restraint."
The practice of massacre of enemy troops began thousands of years ago, at least as early as the Carthage era. Parole allowed the prisoners to avoid the burden of having to feed and care for them while still avoiding the prisoners rejoining their old ranks after being released; it could also allow the kidnappers to recover their own people in exchange of prisoners. Hugo Grotius, an early international lawyer, was happy to talk about the prisoner of parole. During the American Civil War, both Dix-Hill Cartel and Lieber Code established rules on prison parole detention. Francis Lieber's idea of ​​parole then reappeared in the Brussels Declaration of 1874, The Hague Convention, and the Relative Geneva Convention with the Treatment of Prisoners of War.
In the United States, the current policy prohibits US military personnel who are prisoners of war from accepting parole. The United States Armed Forces Code states: "I will not accept parole or special assistance from the enemy." This position is reaffirmed by the Department of Defense. "The United States does not allow members of the Military Service to sign or enter such parole agreements."
See also
- Parole proof rule
- Ticket leave
- Release on temporary license
- Rehabilitation Policy
References
External links
- California Reentry Program - Helps liberators get back into society
- Term to Life Prisoner Support
- How the Parole Board hearing works (Directgov, England and Wales)
- Community Correction (Trial and Exemption) Bureau of Justice Statistics
- [1] [Conditional Liberation Rules in India]
- [2] [Government of India]
Source of the article : Wikipedia
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