Write a detail note on Parole ? LLB 2nd Year Sociology

 

(1) Introduction

Different theories of punishment have remained basis of judicial system since ancient and Middle Ages: retributive theory suggests severe punishment while reformative theory focuses on reforming the criminals. In this modern world, judicial system is changing from retributive theory to reformative theory. And the concept of parole is a product of reformative theory.

(2) Meaning

Parole is derived from the French words. These French words are “je te donne ma parole”, which mean “I give my word.”

(3) Definition

(a) Release

Parole can be defined as release of an offender from a penal or reformative institution by keeping the offender under the control of the correctional authorities to find out whether he is tit to live in the free society without supervision.

(b) Liberation

Parole can be defined as liberation of a prisoner from prison or correctional institution on condition that his original penalty will revive if he violates the conditions of liberation.

(4) Explanation

Parole can be explained in the following words:

  • (a) History of parole
  • (b) Founder
  • (c) Objectives of parole
  • (d) Conditions of parole
  • (e) Types of parole

(a) History Of Parole

Historically, concept of parole was present only in military law. This word was used by the war prisoners. It was release of war prisoner on his promise to return.

(b) Founder

Samuel G. Howe coined parole in correctional context

(c) Objectives of parole

Parole was initially granted to the offenders to reduce overcrowding of prisoners. Later on, the concept was changed: it is now granted as reward in lieu of good behavior.

(d) Conditions Of Parole

Conditions of parole vary from country to country. The reason is that its conditions are determined sometimes by law, sometimes by government, sometimes by parole board and sometimes by other agencies.

Followings are some general conditions of parole:

  • (d-i) Law-abiding life
  • (d-ii) Abstention from various activities & habits
  • (d-iii) Specified territory
  • (d-iv) Change in residence or employment
  • (d-v) Contact with parole officer

(d-i) Law-Abiding Life

The offender, who is granted parole, is to lead a law-abiding life: he is to obey law.

(d-ii) Abstention From Various Activities & Habits

He is to abstain from activities like gambling and habits like use of drugs.

(d-iii) Specified Territory

He is to remain in a specified territory.

(d-iv) Change In Residence Or Employment

He is to obtain permission for changing his residence or employment.

(d-v) Contact With Parole Officer

He is to maintain contact with parole officer.

(e) Types Of Parole

Followings are types of parole

  • (e-i) Custody parole
  • (e-ii) Regular parole

(e-i) Custody Parole

Custody parole is granted in emergent situations and circumstances:

  • (x) Emergent situations & circumstances
  • (y) During time period of parole
  • (z) On completion of time period of parole

(x) Emergent Situations & Circumstances

Custody parole is granted in the following emergent situations and circumstances:

  • (x-i) Death
  • (x-ii) Marriage
  • (x-iii) Serious illness
  • (x-iv) Any other emergent situation

(x-i) Death

It is granted in case of death of a family member of the prisoner.

(x-ii) Marriage

It is granted in case of marriage of a family member of the prisoner.

 (x-iii) Serious Illness

It is granted in case of serious illness of a family member of the prisoner.

(x-iv) Any Other Emergent Situation

It is also granted in any other emergent situation in which presence of the prisoner is compulsory.

(y) During Time Period Of Parole

The prisoner is surrounded by police during the specified time period of custody parole.

(z) On Completion Of Time Period Of Parole

On completion of specified time period of custody parole, the prisoner is sent back to the jail.

(e-ii) Regular Parole

Regular parole is considered as discretionary parole, and is granted when the behavior of the prisoner is satisfactory:

  • (w) Certain terms & conditions
  • (x) Rules of parole
  • (y) Certain grounds
  • (z) Police

(w) Certain Terms & Conditions

Regular parole is granted on the basis of certain terms and conditions.

(x) Rules Of Parole

The prisoner, who is granted regular parole, is to follow the rules that are mentioned in the parole.

(y) Certain Grounds

Regular parole is granted on certain grounds:

  • (y-i) Serious illness
  • (y-ii) Marriage
  • (y-iii) Delivery of child
  • (y-iv) Natural calamities

(y-1) Serious Illness

It is granted in case of serious illness of a family member of the prisoner.

(y-ii) Marriage

It is granted in case of marriage of a family member of the prisoner in which the presence of the prisoner is compulsory.

(y-iii) Delivery Of Child

It is granted in case of delivery of child by the prisoner’s wife if there is no other family member to take care of the wife at home.

(y-iv) Natural Calamities

It is granted in case of natural calamities if the natural calamities have caused serious damage to the life or property of the prisoner’s family.

(z) Police

The prisoner is not surrounded by police during the regular parole.

(5) Conclusion

It can be finally stated that parole is different from bail: parole is for an offender, who is convicted and is in prisoner while bail is for an under-trial offender. The parole works for the reformation of the prisoner: it helps the prisoner to transform himself and change into law-abiding and useful citizen.

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