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CRITICAL ANALYSIS OF ADULT PAROLE PROCEDURES AND THEIR ADMINISTRATION IN THE UNITED STATES OF AMERICA

NCJ Number
49426
Author(s)
D I NICOLLE
Date Published
1956
Length
396 pages
Annotation
PAROLE SYSTEMS FOR ADULT FELONS ARE ANALYZED IN REGARD TO THE VARYING STRUCTURES IN THE PAROLE SYSTEM, THE EFFECTIVENESS OF STATUTORY DIRECTIVES, AND THE NEED FOR REDIRECTION AND REFORMULATION OF LEGAL NORMS.
Abstract
PAROLE IS A SPECIALIZED TECHNIQUE OF SOCIAL CONTROL WHICH HAS BEEN DEVISED TO FIT SOCIAL NEEDS, AND SOCIOLOGISTS SHOULD BE CONCERNED WITH ITS STATED POSTULATES AS RELATED TO SOCIAL INTERACTION, ITS EFFICACY AS A REAL TECHNIQUE OF CONTROL, AND ITS IMPROVEMENT THROUGH CONTINUOUS EXPERIMENTATION AND INNOVATION. THE THEORETICAL AND PRACTICAL IMPLICATIONS OF PAROLE AND CORRECTIONAL POLICY ARE DISCUSSED, AND A DISTINCTION IS DRAWN BETWEEN PAROLE AND OTHER RELEASE PROCEDURES IN CURRENT USAGE. THE FORMAL PAROLE SYSTEMS SET UP BY LAW IN EACH OF THE 50 JURISDICTIONS STUDIED ARE ANALYZED FROM THE STANDPOINT THAT THE PAROLE SYSTEM IS A HIGHLY SPECIALIZED SYSTEM WHICH CALLS FOR OCCUPATIONAL ROLES THAT ARE INSTITUTIONALIZED ABOUT THE TECHNICAL CONTENT OF ITS FUNCTION. FAILURE TO REALIZE THIS HAS RESULTED IN THE WIDE VARIATIONS IN PAROLE SYSTEMS. THE MINIMUM STATUTORY REQUIREMENTS FOR PAROLE ARE EXAMINED FOR THE JURISDICTIONS, AND THEY SHOW THAT EXTREME VARIATIONS EXIST FROM SYSTEM TO SYSTEM; DIFFERENTIAL SANCTIONS ARE EVEN APPLIED TO OFFENDERS WITHIN EACH JURISDICTION. THE SANCTIONS HAVE BEEN DRAWN UP INDISCRIMINATELY, AND THE EFFECT OF THE VARIATIONS MAKES PAROLE RELEASE DEPENDENT ON SUCH FACTORS AS THE JURISDICTION OF THE CONVICTION AND THE TYPE OF SENTENCE GIVEN. A STATE-BY-STATE ANALYSIS WAS USED TO EXAMINE THE PROCESS OF SELECTION AND THE FORM OF HEARING. THE ANALYSIS SHOWS THE DIFFERENT PROCEDURES USED AND THE VAGUENESS OF THE STATUTORY DIRECTIVES. IT IS INDICATED THAT GRANTING OF PAROLE IS MADE CONTINGENT UPON THE ACCEPTANCE OF CONDITIONS THAT ARE UNREALISTIC IN FORM AND GENERIC IN CONTENT. PAROLE REVOCATIONS ARE PRESENTED FROM THE STANDPOINT OF CONSISTENCY WITH PAROLE PHILOSOPHY AND FUNDAMENTAL NOTIONS OF JUSTICE; THE NEED FOR CLEARER AND MORE DETAILED DIRECTIVES IS STRESSED. PAROLE TERMINATION IS EXAMINED ALONG WITH THE FINAL ACT OF DISCHARGE, AND IT IS FOUND THAT PAROLE STATUTES ARE NOT FLEXIBLE AND DEFEAT THEIR ORIGINAL PURPOSE. RECOMMENDATIONS ARE MADE FOR LINES ON WHICH A PAROLE POLICY SHOULD BE DEVELOPED IF IT IS TO BE A SOUND CORRECTIONAL SYSTEM. THE STUDY CONSISTED OF BOTH LIBRARY RESEARCH AND EMPIRICAL RESEARCH USING A QUESTIONNAIRE METHOD. APPENDIXES INCLUDE PAROLE ELIGIBILITY REQUIREMENTS FOR THE JURISDICTIONS, LOCATIONS OF PAROLE AGENCIES ADMINISTRATIVE ORGANS, AND THE STUDY QUESTIONNAIRE. A BIBLIOGRAPHY IS INCLUDED. (DAG)