M.D.U.

- CPAS
Assignment topic:-

“CRIMINOLOGY”

Submitted to:-
DR. NARESH YADAV SIR
Submitted by:-
Rahul
865,LL.B.(4TH SEM.)
INTRODUCTION
 Parole is a temporary release of a prisoner who agrees to certain conditions
before the completion of the maximum sentence period. The term became
associated during the Middle Ages with the release of prisoners who gave
their word.
 Alexander Maconochie, a Scottish geographer and captain in the Royal
Navy, introduced the modern idea of Parole when, in 1840, he was
appointed superintendent of the British penal colonies in Norfolk Island,
Australia.
 He developed a plan to prepare them for eventual return to society that
involved three grades. The first two consisted of promotions earned
through good behavior, labor and study.
 The third grade in the system involved conditional liberty outside of prison
while obeying rules. A violation would return them to prison and they
would start all over again through the ranks of the three-grade process
(Samaha, 2006).
 Through participation in a graded classification system based on a unit of
exchange called a mark. Prisoners earned marks through good behavior,
lost them through bad behavior, and could spend them on passage to
higher classification statutes ultimately conveying freedom
(Cavendar,1982).
 Prisoners served indeterminate sentences from which they could be
released early if they showed evidence of rehabilitation (Hansner, 2010)”

DEFINITION OF PAROLE
 J.L.Gillin “defines parole is the release from a penal or reformative
institution, of an offender who remains under the control of correctional
authorities, in an attempt to find out whether he is fit to live free society
without supervision.
 Penal Reform International has defined parole in the following language:
“Parole is defined as the early release, under certain conditions, of a
convinced offender from custody. Individuals who are placed on parole are
 subjected to the supervision of a parole officer and must adhere to
conditions imposed by the custodial authorities. The length of the parole
period is generally established law or by a court on the basis of law.

TYPES OF RELEASE ON PAROLE

 There are three types of release which is given as Parole to the offenders.
Those are following with a sort description:
A) Conditional Release: Conditional release is that type of parole which is
given to the offender allotting with some conditions. Conditional release
is of two types; they are:
1) Full Parole
2) One-day Parole

1) Full Parole: Full Parole is a form of conditional release that allows an

offender to serve part of a prison sentence in the community. The offender
is placed under supervision and is required to abide by conditions designed
to reduce the risk of re-offending, and to foster reintegration of the inmate
into the community.
2) Day Parole: Day Parole provides offenders with the opportunity to
participate in ongoing community-based activities. Offenders are also
granted day parole in order to prepare for full parole and statutory release.

B) Statutory Release: Statutory release requires for sentenced offenders to

serve the final third of their sentence in the community, under
supervision and under conditions of release similar to those imposed on
offender release on full parole. Offenders serving life or indeterminate
sentences are not eligible.
C) Release on Expiry of Sentence: Release on expiry of sentence is not a
conditional release. It is the full release which is required when
someone has served the entire sentence. It applies to offenders who
 were considered too dangerous to return to the community under
statutory release (Jones, 2001).

OBJECTIVES OF PAROLE
Penal Reform International has identified following five objectives of parole;
those are:

1) To conserve government resources, reduce cost and reduce cost and

reduce overcrowding in the prison system; to increase ‘rotation’ of the
prison population;
2) To reintegrate convicted offenders into society by providing supervision
and treatment service;
3) To preserve community safety by supervising convicted offenders;
4) To control the behavior of inmates who are in custody by offering parole
for good behavior; and
5) To encourage positive behavior of convicted person while they are serving
sentences that deprive them from the liberty.

V.V. Devasia and L. Devasiahas identified another five objectives of parole,

which are given below:
1) Release of each prisoner from confinement at the most favorable time,
with appropriate consideration to requirements of justice, expectations of
subsequent behavior and cost.
2) The largest possible number of parole completions.
3) The smallest number of new crimes committed by released persons.
4) The smallest no. of violent acts committed by released persons.
5) An increase of general community confidence in parole administration.

CONDITIONS OF PAROLE
General parole condition can be classified into two principal groups, namely:
 a) Reform and b) Controlconditions.

a) Reform condition: It helps a parolee to lead a lawful life. Complying with

the laws, maintaining employment and supporting dependents and
refraining from using drugs are some examples of reform condition.
b) Control condition: Because of control conditions the social workers help
the offenders to fulfill the purpose of parole. For example, reporting to
parole officer upon release, cooperating with the parole officer, and getting
permission to change employment or residence etc.

The conditions of parole are sometimes determined by law sometimes by the

parole board and sometimes by other agencies. These conditions may include:

1) Leading a law abiding life.

2) Abstaining from intoxicating liquors or drugs.
3) Spending evenings at home.
4) Restraining from gambling and other various habits.
5) Supporting legal dependent.
6) Remaining in a specified territory.
7) Not changing residence or employment without permission.
8) Not becoming dependent on charity.
9) Making restitution from crimes.

In nearly all cases conditions of parole include:

 Obeying the law,

 Obtaining some form of employment, and
 Maintaining some contact with a parole officer.

According to Gaffney and Iariapointed out two different ways by which parole
may be terminated, they are:

1) Expiration of sentence: The period of parole supervision usually runs as

long as the offender’s original calendar sentence or ends upon reaching a
statutory date. Therefore, a parolee is discharged when the date is reached.
 2) Revocation: If a parolee violates the conditions of his/her release, the
parole officer informs a section of the parole department, at which time a
decision is made whether or not to issue an arrest warrant for violation of
parole.

DUTIES OF PAROLE OFFICER

 Parole officers work with those who have served time in prison for criminal
convictions, supervising offenders who have been released from prison and
remanded to parole.

Generally, a parole officer has to perform the following duties:

1) Make recommendations regarding the initial placement of an offender.

2) Investigates offender’s past and present behaviors by interviewing other
inmates, institutional authorities, police, family and friends of the offender.
3) Plan and programs for offenders during their imprisonment.
4) Assess the suitability of penitentiary inmates for release under parole and
submit recommendations.
5) Develop liaisons and networks with other parole officers, social welfare and
community agencies, staff in correctional institutions, psychiatric facilities
and after care agencies;
6) Supervise those who have been released on parole;
7) Offer guidance ad direction to parolees in dealing with job-related and
personal problems.

SOCIAL IMPLIACTION OF PAROLE

 Parole is a procedure by which a prisoner who must in any event be
returned to society at some time in the future is allowed to serve the last
portion of his/her sentence outside prison walls and under strict
supervision, as preparation for his/her eventual return to society.
  Parole is not an act of clemency, but a penological measure for the
disciplinary treatment of prisoners who seem capable of rehabilitation
outside of prison walls. It does not set aside or affect the sentence.
 Parole is not freedom. A parolee is a convicted criminal who has been
sentenced to a term of imprisonment and who has been allowed to serve a
portion of that term outside prison walls.
 A parolee does not enjoy the absolute liberty to which every citizen is
entitled, but only a conditional liberty properly dependent on the
observance of special parole restrictions.
 A parolee is in legal custody, while on parole the convict is bound to remain
in the legal custody and under the control of the warden until the
expiration of the term, less allowance, if any, for good conduct.
 As parole is a reward for being complied with the rules of jail; so a positive
motivation on the mind of prisoner is to be created regarding parole. If it is
possible, it may encourage the prisoner to lead an ordered and disciplined
life into the four wall of jail.
 It will also help him to settle into the society easily and to lead a normal life
after the termination of the imprisonment. So govt. may use parole as an
instrument to serve society.
 Parole cannot be granted on political consideration on the other hand
parole is to be used to reduce misuse of political power.
 Parole cannot be granted on political consideration on the other hand
parole is to be used to reduce misuse of political power.
 No prisoner is placed on parole merely as a reward for good conduct or
efficient performance of duties assigned in prison. Parole does not
eliminate the crime or forgive the offender.

CONCLUSION
 The object of the criminal justice system is to reform the offender, and to
ensure the security of the society and the security of its people by taking
steps against the offender. It is thus a correctional measure. Thus while
concluding it can be said the parole and probation are after sentence
correctional methods those were originated to give the good intimates an
opportunity to rehabilitate in the society. But available data indicates that
parole and probation do not become always successful. It would be great
benefit for a country like Bangladesh, where the jails are often
overcrowded; with frequent human rights violations which would be
harden the human inside a person.