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Decisionmaking Process of Conditional Release

NCJ Number
87042
Journal
Criminologie Volume: 14 Issue: 2 Dated: (1981) Pages: 61-72
Author(s)
M Gauthier
Date Published
1981
Length
12 pages
Annotation
In answer to critiques of the parole decisionmaking process, this discussion delineates the legislative mandate and considerations by which parole commissioners decide cases in Ottawa, Canada.
Abstract
The law stipulates that parole cannot be applicable to offenders who present a risk to society or who demonstrate unwillingness to conform to parole conditions. Among the tools of parole decisionmaking used elsewhere are English statistical prediction tables and American guidelines that structure discretionary decisions. In Canada, decisional criteria are provided, but discretion is deemed necessary to do justice to the variety of offenders' personal situations. Furthermore, cooperative interaction exists between the parole board and other branches of the criminal justice system, enabling parole decisions to be made within an informed and balanced context. Successive roles are earmarked for each authority in the criminal justice process, including the parole board. At its point of intervention, qualifications of the subject and the alternatives under consideration are specified. The board is independent of both the correctional system and of the service which will execute the release conditions that it may impose. Above all, decisions are individualized and related to the specific circumstances of a particular case at the parole eligibility stage. A total of 18 references are given.

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