In the criminal justice system, parole and probation were not initially part of the sentencing but were introduced later. Parole was introduced in 1910 after the enactment of legislation where the first group of federal prisoners were granted parole (Lucken, 2022). The Board of Parole was established to hold administrative functions in 1930. However, as the prison population increased, the board also increased and laid out a plan focusing on the reasons and the decision-making process. In 1976, it became an independent agency in the Justice Department. On the other hand, probation began as a volunteering act where volunteers supervised offenders. Probation was later established as a probation legislation, and trained officers were responsible for monitoring.
There are various reasons why probation was introduced in the criminal justice system. One of them is rehabilitation, where offenders undergo a period of behavior reformation to ensure that they are fit for society. Rehabilitation involves training centered on the offenders, realizing the causes of the crimes they committed, how they affect the community, and how they can ensure it does not happen again (Kaeble, 2021). The overall goal is to ensure offenders get reformed without going through incarceration. This is beneficial because the offender will reform without going through the harsh conditions and punishment of imprisonment. This is akin to forgiveness, as mentioned in the Bible numerous times. When offenders are placed on probation, they are spared the harsh prison conditions, similar to forgiveness in the Bible. In Mathew 6: 14-15, the Bible urges us to forgive those who sin against us so that our heavenly Father may forgive us too. Again, the story of the Prodigal Son in Luke 15: 11-22 reminds us to forgive one another as the father forgave his son despite his misbehavior. Like the father embraced his son, so should we embrace those who break the law and give them another chance through probation.
General deterrence is another reason for probation, where the justice system is concerned with how the public should view crime to avoid it. For instance, when offenders are on probation, the public can witness the activities they are tasked with, and from there, they will not want to experience that. General deterrence helps warn the public about the consequences of crime so that they can stay away from criminal activities. Another reason for probation is restitution, where the offender compensates their victims. The third reason probation was introduced was to ensure the offender did not lose touch with their family and continued to be part of society. Unlike incarceration, where the offender is separated from the family and loses their job, probation ensures the offender continues to mingle with their family and provide for them.
Additionally, probation ensures that the risk of being a hardcore criminal after going to prison is alleviated. Mingling with other notorious criminals increases the risk of an offender becoming a hardcore criminal. The fourth reason for probation was to ease pressure on prisons. Prison overcrowding has been a significant challenge to many criminal justice systems. To reduce the prison population, probation was introduced, where an offender can stay outside prison while being observed by probation officers.
Parole sentences differ according to the offenses committed. Mandatory parole is where the offender is cut their sentence due to good behavior during their sentence (Lucken, 2022). The condition for this type of parole is supervision outside prison walls while serving their remaining term through rehabilitation. Discretionary parole is where an offender appears before the court to plead to be granted parole through the examination of his record, an impending predetermined parole date, or as a result of newly found evidence of not being guilty. The conditions for this type of parole are sustained, lawful behaviors monitored, and supervised. Expiratory parole is where an offender has completed their sentence and is now released, not based on good behavior. Some conditions often assigned to the offender are attending rehabilitation programs and maintaining employment. Other conditions may include avoiding drugs, living where directed, doing the duties assigned, and abstaining from unlawful behavior. Failure to follow these conditions may lead to cancellation of the parole.
Probation and parole officers should collaborate to ensure the proper effectiveness of parole and probation sentences. For example, they should share updates about the offenders’ progress and the concerns that should be addressed. The officers are also responsible for ensuring that every offender on probation and parole meets their conditions; therefore, every officer has to account for the offenders’ progress (Tumitit, 2020). This can be done by developing a supervision plan to improve accountability. The officers can also share what they learn about the victims in the community and the offenders to develop more appropriate ways to collectively help achieve the goals of parole and probation, improving the justice system’s effectiveness.
References
The Holy Bible: English standard version. HarperCollins UK.
Kaeble, D. (2021). Probation and parole in the United States, 2020. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
Lucken, K. (2022). The History of Probation and Parole. Handbook of Issues in Criminal Justice Reform in the United States, pp. 257-274.
Tumitit, A. A. (2020). Volunteer Probation Assistants’ Awareness of Functions and Problems encountered alongside Probation and Parole Officers. International Journal of Criminal Justice Sciences, 15(1), 142-156.