week 11

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College of Western Idaho *

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101

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Law

Date

May 2, 2024

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docx

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Uploaded by CoachInternet10358 on coursehero.com

Probation v. Parole How are they similar, and how are they different? Who gets which? And for what? Both serve as alternatives to incarceration. Both involve supervision and require the offender to follow certain rules and guidelines, and both mean that the offender must submit to warrantless searches, without probable cause. Probation is the term used to describe offenders that have been convicted of an offense but whose prison sentence is suspended. Probation sentencing is an option ruled by the trial judge. Parolees serve their time in the community and can be returned to prison for violating any of the conditions of parole imposed by the Board of Parole Commissioners before they have served out all their time sentenced. This is conditional and not everyone is eligible. They must appear before a parole board (Fagin & Bratina, 2020, pp.250-251,255,264). Probation: After a conviction, at sentencing, the judge can decide to suspend the sentence and put the offender on probation rather than send him or her to prison giving the offender freedom during good behavior under the supervision of a probation officer. If the defendant does everything the judge requires, then they either will not be sent to prison to finish their sentence, or they will be given a new sentence. Probation includes:  Following curfew rules.  Participating in rehab or education programs.  The defendant may have to submit regular drug tests.  A probation officer will supervise the defendant. (Fagin & Bratina, 2020, pp.252,255). Parole: After the offender has served a portion of his or her prison time, a parole board can decide to release the prisoner. Prisoners released to the community are subject to supervision and can be returned to prison if they violate the conditions of their parole.  After an offender has been released from prison, they must prove that they have been rehabilitated.  If the defendant violates parole, they do not have the option of a jury trial.  A parole officer will supervise the defendant. (Fagin & Bratina, 2020, pp.251,256,265). Who is the 'Father of Probation'? Who is the 'Father of Parole'? John Augustus was known as the Father of Probation, and Alexander Maconochie is known as the Father of Parole (Fagin & Bratina, 2020, pp.256). What are some of the requirements for offenders on probation and parole, and what is a 'technical violation'?

 Requires reporting to his or her probation or parole adviser within a certain amount of time of release or court order.  restrict where the parolee can live and work.  require him or her to abide by all laws, and report contact with the police to his or her parole officer.  The conditions prohibit consumption of alcoholic beverages to excess, the use of illegal drugs, association with criminals, and possession of firearms.  Required to cooperate with their probation officer and to submit to drug tests whenever ordered.  participating in rehabilitation programs For most offenders, the first parole hearing is set after they have served about one-third of their prison time. Considering crime severity, criminal history, incarceration length, mental illness, and victim input. Technical violation : Grounds for imprisonment of a probationer or parolee based on his or her violation of a condition of release. The probationer can be returned to prison for committing a new crime. (Fagin & Bratina, 2020, pp.255,261,263).

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