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Parole can have different meanings depending on the area and judiciary system. All of the meanings derive from the French language
parole, meaning "(spoken) word". Following its use in late-mediaeval Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their word of honor to abide by certain restrictions.
Criminal justice
In criminal justice systems, parole is the supervised release of a prisoner before the completion of his/her sentence. This differs from amnesty or
commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. In nearly all cases, conditions of parole include obeying the law, obtaining some form of employment, and maintaining some contact with a parole officer.
China
In China, prisoners are often granted
medical parole, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Often, the medical condition is not serious, and medical parole is used as an excuse to release a prisoner, particularly a political dissident, without the government having to admit that the sentence was unjust.
United States
In the
United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. This is often done by specifying an indeterminate sentence of, say, "15 to 25 years," or "15 years to life." The latter type is known as an
indeterminate life sentence; in contrast, a sentence of "life without the possibility of parole" is known as a
determinate life sentence.In most states, the decision of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as
Social Security (United States) if the prisoner is old enough to qualify). Many states now permit sentences of life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoner not sentenced to either this or the
death penalty will eventually have the right to petition for release (one state –
Alaska – maintains neither the death penalty nor life imprisonment without parole as sentencing options). At the same time, other nations, such as
Germany and
Mexico, have abolished life without the possibility of parole on the grounds that it constitutes cruel and unusual punishment.
Before being granted the privilege of parole, the inmate must first agree to abide by the conditions of parole set by the paroling authority. These conditions usually require the parolee to meet regularly with his or her parole officer or community corrections agent, who assesses the behavior and adjustment of the parolee and determines whether the parolee is violating any of his or her terms of release (typically these include being at home during certain hours, maintaining steady employment, not List of legal terms#Abscond, refraining from illicit drug use and sometimes, abstaining from
alcohol). In some cases, a parolee may be discharged from parole before the time called for in the original sentence if it is determined that the parole restrictions are no longer necessary for the protection of society (this most frequently occurs when elderly parolees are involved).
Service members who commit crimes while in the
US military may be subject to Court Martial proceedings under the
Uniform Code of Military Justice (UCMJ). If found guilty, they may be sent to Federal or Military Prisons and upon release may be supervised by U.S./Federal Probation Officers.
Parole is a controversial political topic in the United States. According to the U.S. Department of Justice, at least sixteen states have abolished parole entirely, and four more have abolished parole for certain violent offenders.http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--parolequestioned0505may05,0,1199416.story"Parole system in transition assailed as unfair".
Newsday, May 2, 2007. During elections, politicians whose administrations parole any large number of prisoners (or, perhaps, one notorious criminal) are typically attacked by their opponents as being "soft on crime". The US Department of Justice (DOJ) stated in 2005 that about 45% of parolees completed their sentences successfully, while 38% were returned to prison, and 11% absconded. These statistics, the DOJ says, are relatively unchanged since 1995; even so, some states (including
New York) have abolished parole altogether for violent felons, and the federal government abolished it in 1984 for all offenders convicted of a federal crime, whether violent or not. Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parolees was an increase of about 1.5% per year between 1995 and 2002.
The accused perpetrators of the infamous July 2007
Cheshire, Connecticut home invasion were convicted burglars paroled from Connecticut prisons. The New York Daily News has called on parole to be abolished in the wake of this massacre On September 21, 2007 Governor
M. Jodi Rell announced a moratorium on the parole of violent offenders in the wake of the Cheshire massacre
A variant of parole is known as "time off for good behavior," or, colloquially, "good time." Unlike the traditional form of parole – which may be granted or denied at the discretion of a parole board – time off for good behavior is automatic absent a certain number (or gravity) of infractions committed by a convict while incarcerated (in most jurisdictions the released inmate is placed under the supervision of a parole officer for a certain amount of time after being so released). In some cases "good time" can reduce the maximum sentence by as much as one-third. It is usually not made available to inmates serving life sentences, as there is no release date that can be moved up.
US immigration law
In US
immigration law, the term
parole has three different meanings.
A person who does not meet the technical requirements for a visa may be allowed to enter the U.S. for humanitarian purposes. Persons who are allowed to enter the U.S. in this manner are known as
parolees (the use is
catachresis, since as the individual gives his word rather than takes it, the term should be not "parolee" but "paroler") .
Another use related to immigration is
advance parole, in which a person who already legally resides in the U.S. needs to leave temporarily and return without a visa. This typically occurs when a person's application for a
United States Permanent Resident Card (permanent residency) is in process and the person must leave the U.S. for emergency or business reasons. In the wake of
September 11, 2001, there has been greater scrutiny of applications for parole and advance parole.
The term is also used to denote scenarios in which the federal government orders the release of an alien inmate incarcerated in a state prison before that inmate's sentence has been completed, with the stipulation that the inmate be immediately deported, and never permitted to return to the United States. The most celebrated example of this form of parole was that of
Lucky Luciano, who was being "rewarded" for cooperating with the war effort during World War II. In most cases where such parole is resorted to, however, the federal government has deemed that the need for the immediate deportation of the inmate outweighs the state's interest in meting out punishment for the crime the inmate committed.
Prisoners of war
In military law, a prisoner of war may be released from confinement, or
paroled upon promising certain conditions, such as remaining in a specified place or not attempting to escape or not taking up arms again in the current hostilities.
Parole in the laws of war has a different meaning, which applies to prisoners of war. The captors would return a captured soldier to his homeland on the agreement that the soldier would never again take up arms against the nation or organization that captured him. A paroled soldier who had indeed taken up arms again and was recaptured on the battlefield was subject to instant death for violating such agreement. The origin of the war concept of parole was unknown, although the first known cases occurred in the wars between Carthage and Rome. The Code of Conduct for the US military prohibits American servicemen from accepting parole if they are taken prisoner by the enemy. ("If captured...I will accept neither parole nor special favors from the enemy.") US military personnel who accept parole from enemy captors are subject to courts-martial upon their return to the United States.
==Linguistics==
Parole (French language, meaning "speech") is also a linguistics term used by Ferdinand de Saussure which, as opposed to
langue, describes language in use rather than language as a system.
Parole is a dynamic, social activity in a particular time and space.
Other meanings
Parole is also a very small town in Mazowieckie voivodship,
Poland.
See also
References
- US Department of Justice, "Probation and Parole in the United States, 2004" (pdf file)
Parole, Offenders
Parole is the system that allows a prisoner to be released before they have served their full sentence.
The Parole Board for England and Wales
Includes the board's annual report and the "Release Directions".
Parole - Wikipedia, the free encyclopedia
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole, meaning "(spoken) word".
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