FUTURE OF PAROLE (FROM PRISONS PAST AND FUTURE, 1978, BY JOHN C FREEMAN - SEE NCJ-58327)

• NCJ Number: 58332
• Author(s): F H MCCLINTOCK
• Date Published: 1978
• Length: 8 pages
• Corporate Author: Heinemann Educational Books Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE BACKGROUND, STATUS, AND FUTURE DIRECTIONS OF ENGLAND'S PAROLE SYSTEM ARE DISCUSSED.

Abstract

THE ASSUMPTIONS ON WHICH THE DISCUSSION IS BASED ARE STATED, AND THE ORIGINS OF THE TERM 'PAROLE' ARE NOTED. THE BASIS OF PAROLE IN GREAT BRITAIN IS DISCUSSED, WITH REFERENCE TO THE UNDERLYING VIEW THAT PAROLE IS A PRIVILEGE AND NOT A RIGHT AND TO THE CRITERIA USED BY THE PAROLE BOARD. THREE PAROLE BOARD MODELS ARE IDENTIFIED: (1) INITIAL SENTENCE (PAROLE BOARD MECHANICALLY RELEASES PRISONERS, THEREBY REDUCING THE EFFECTIVE LEVEL OF SENTENCING AND MAKING UP FOR JUDICIAL EXCESS), (2) RISK (PAROLE BOARD'S DECISIONMAKING BASED ENTIRELY ON RISK OF RECONVICTION), AND (3) APPELLATE PAROLE (A HYBRID OF THE FIRST TWO, IN WHICH THE PAROLE BOARD BASES ITS RELEASE DECISIONS ON EVALUATIONS OF RISK UNLESS AN OFFENDER'S CRIME FALLS WITHIN A PARTICULAR CATEGORY). REASONS BEHIND THE CREATION OF THE THIRD FORM OF PAROLE IN ENGLAND ARE NOTED. THE POSSIBILITY IS RAISED THAT, IN LIGHT OF THE COLLAPSE OF THE REHABILITATIVE IDEOLOGY, ENGLAND SHOULD CONSIDER ABANDONING THE PAROLE SYSTEM RATHER THAN TINKERING WITH THE HYBRID SYSTEM TO MAKE IT MORE JUDICIAL. THE COMPLEXITY OF THE ISSUES INVOLVED IN CONSIDERING THE FUTURE OF PAROLE IS NOTED, AS IS THE VIEW THAT, IF PAROLE IS TO CONTINUE, IT SHOULD BE A RIGHT--A BUILT-IN CONDITIONAL-RELEASE PORTION OF A CUSTODIAL SENTENCE. THE VARIOUS SCHOOLS OF CRIMINOLOGY (INDIVIDUAL POSITIVISTS, SOCIAL POSITIVISTS, CONSENSUS SOCIOLOGISTS, RADICAL SOCIOLOGISTS, PHENOMENOLOGICAL SOCIOLOGISTS), THEIR EXPLANATIONS OF CRIME, AND THEIR PREFERENCES FOR PENAL AND SOCIAL INTERVENTIONS ARE SUMMARIZED. THAT ABOLITION OR DRASTIC MODIFICATION OF PAROLE WOULD ENTAIL A REAPPRAISAL OF THE SELECTION AND TRAINING OF JUDGES, WHOSE NEW RESPONSIBILITIES MIGHT INVOLVE THEM MORE INTIMATELY WITH COMPLEX SOCIAL AND PSYCHOLOGICAL ISSUES, IS BROUGHT OUT. IT IS NOTED THAT THE DEFICIENCIES OF EXISTING PAROLE SYSTEMS ARE IMPORTANT TO INDIVIDUALS ON HUMANITARIAN GROUNDS BUT SUBORDINATE TO THE CENTRAL ISSUES OF THE ROLE OF IMPRISONMENT AND THE CONCEPTUAL BASIS (TREATMENT OR JUST-DESSERTS) OF THE CRIMINAL JUSTICE SYSTEM. (LKM)