The criminal justice system

There are three interdependent agencies (law enforcement, courts and corrections) which work at the federal and local levels. The present criminal justice system is based on three theories retributive, rehabilitative and restorative theories. These are basically the steps that an offender must go through in order for the system to succeed. (Thomas 2005)

Probation and parole in correction
The use of parole and probation is governed by two competing philosophies positivism and classicalism. Classicalists posits that offenders choose their behavior and therefore they should be punished to avoid future criminal acts. On the other hand positivists assert that individuals are forced to commit crimes and therefore the conditions that lead to such behaviors must be corrected, ultimately leading to the rehabilitation of the offender. Legal acts and public opinion dictate the application of parole and probation.
 
Probation refers to the withholding of sentence and allowing the offender to serve sanctions imposed by the court while living in the community. This is the most used correctional option that does it work under the probation department. Probationers are required to adhere to condition set by the courts including reporting to the probation officers and maintaining employment (Bureau of Justice Statistics 1988).
   
Probation and parole officers have two main functions in the criminal justice system. First they help in decision making process which involves investigation work to help the courts in making decision to probation in lieu of a prison sentence. For parole the decision would be to release the offender from jail. Secondly the officers provide supervision for those offenders who are judged suitable for release back to the community (Bureau of Justice Statistics 1988).

The origin of probation
Probation can be traced to the use of several judicial practices used in England and American courts. Bail for example allowed defendants who accepted certain conditions for release to go back to the community to wait for trial. After setting the bail conditions the judges failed to do anything later. Thus the defendants were released to the community on conditions just like today. If they did not meet the requirements of the release, the set conditions were revoked (Thomas 2005)
   
Probation is used mainly for convicted offenders although it is used sometimes to supervise those offenders who have not been convicted. It can also be used incarceration in several ways such as split sentences and intermitted sentences .Someone given a split sentence would be incarcerated for a short period (6 months) before beginning probation. Intermittent incarceration requires those on probation to spend right or weekends in jail. (Thomas 2005)
   
The administration of probation is not as clear as that of jails and prison. There are 3 modes probation in the states State - administered, local administered and mixed models.
Parole on the other hand, refers to the releases of a prisoner after seaming some part of sentences on condition. There is a period of supervision following a prison term. This means a parolee is placed on community supervision and must abide by certain conditions, and restriction just as probation. Prisoners who have served their full term are not placed under community supervision.

Origins of parole
Towards the middle of the 19th century most lawbreakers were given flat sentences in prison. The offender received a specified amount of time to stay in prison for a specific crime committed. This resulted in a major problem since prisons became crowded. To address this issue the authorities were forced to give mass pardons or the prison warders released prisoners randomly in order to create room for incoming prisoners (Van 1977).
   
Parole operates just like probation but it is administered at the state level. The main differences is that parolees have served a prison term and most of them have been served a prison term and most have been convicted of felony. It also involves overall conditions just in probation such as fines. Intermediate sanctions such as home confinement are also used for parolees. (Thomas 2005)

Advantages of parole and probation
Cost Probation and parole reduce costs of housing the offender in a detention facility. Corrections cost taxpayers about  70 billion annually. Implementing alternative to incarceration is a good measure of mitigating these costs. Thus the efficient management of probation and parole will greatly minimize costs.
   
Space Another advantage of probation and parole is that they assist in reducing overcrowding in prisons and jail. Offenders who are placed on probation are usually not violent criminals. By using probation and parole, beds are freed up to keep violent criminals, which is a benefit to the society in general.
   
Recidivism If parole and probation are managed well they can reduce recidivism rate by close to 40. Recidivism is where a criminal goes back to crime after being released from jail. Reduction of this rate is very important because it reduces the overall crime rate and increases the safety of the society as a whole (Van 1977).

Disadvantages of parole and probation
Community Stigma  Offenders on probation and parole face harsh reactions from the community as the community may feel that these criminals are able to commit other crimes. This places strain on the life of the offenders as they try to adjust to normal life.
   
Few Job Prospects People on probation or parole must look for jobs to meet their financial obligations. They are required to disclose criminal records and probation or parole status to potential employers. Most employers do not like people with criminal background thus forcing people on probation and parole to seek low paying jobs.
   
Restrictions and Rules People under parole and probation have difficulty adjusting to normal life because of the strict lifestyle that the restrictions demand.
   
Contradiction in Monitoring Probation and parole officers have liberty in determining the rules pertaining to violation of probation or parole. For example missing a session might be a violation to one officer and he may demand that the offender go back to prison, while another officer may just need an explanation (Thomas 2005)

Intermediate Sanctions in correction
Intermediate sanctions are designed primarily for offenders who require a correctional option that is punitive and restrictive than probation but less severe than imprisonment, although they are also used for a variety of offenders like person on probation, person on parole and prison inmates among others. Unlike probation and parole, it is difficult to accurately determine the number of offender involved in intermediate sanctions. This is because it is varied, complex and dynamic (Brown, 1990).
   
There is widespread debate on the effectiveness of most of the community correctional practices. Empirical evidence show that intensive supervision, electronic monitoring shock probation and other control oriented practices do not minimize recidivism although these sanctions can reduce prison crowding  (Brown, 1990).
   
Other practices such as halfway housing and day reporting centers are effective in changing offender behavior.  Studies also indicate that there are reductions in serous offences such as auto theft and burglary in re-offending among cohorts with high proportions of intermediate sanctions (Randolph 2005).

Future of Parole and Probation
Thomas Gale (2005) summarizes the future of parole and probation thus If the future of community corrections is the creation or maintenance of public safety, the prospects for success would surely be increased by some borrowing from the joint efforts that contribute community justice and restorative justice(p.108). This future is most likely. Through aligning their operational capacity to make the communities safe, probation and parole have a chance of creating enough public worth to secure the political and material support they require.

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