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NCJ Number: 49905 Find in a Library
Title: RELEASE AND PROVISIONAL RELEASE OF SENTENCED PRISONERS
Journal: BRITISH JOURNAL OF CRIMINOLOGY  Volume:6  Issue:3  Dated:(JULY 1966)  Pages:236-268
Author(s): M LOPEZ-REY
Corporate Author: Stevens and Sons
United Kingdom

Institute for the Study and Treatment of Delinquency
United Kingdom
Date Published: 1966
Page Count: 33
Sponsoring Agency: Institute for the Study and Treatment of Delinquency
London, EC4 P4EE, England
Stevens and Sons
London, England
Format: Article
Language: English
Country: United Kingdom
Annotation: THIS REVIEW OF PREVAILING RELEASE POLICIES IN VARIOUS COUNTRIES EXAMINES DIFFERENCES BETWEEN CONDITIONAL RELEASE AND PAROLE, DETAILS THEIR OPERATION IN SEVERAL SETTINGS, AND IDENTIFIES THE PROBLEMS WITH EACH.
Abstract: FOLLOWING A GENERAL REVIEW OF THE FORMS OF PRISONER RELEASE AND THE REGULATIONS GOVERNING SUCH RELEASE IN VARIOUS PENAL SYSTEMS, THE TREND TOWARD PROVISIONAL RELEASE IS EXAMINED. SUCH CONDITIONAL RELEASE IS TAKING PRECEDENCE OVER OLDER SYSTEMS, WHICH RELEASED ONLY UPON COMPLETION OF SENTENCE OR UPON COMMUTATION OR PARDON, BECAUSE EXPERTS HAVE POINTED OUT THE DANGERS OF 'INSTITUTIONALIZATION.' THAT IS, OFFENDERS WHO HAVE REMAINED IN A STRUCTURED PRISON SETTING FOR A NUMBER OF YEARS OFTEN LOSE THEIR ABILITY TO FUNCTION OUTSIDE AND USUALLY NEED SUPERVISION FOR THE EARLY MONTHS OR YEARS OF FREEDOM. THE TWO MOST COMMON FORMS OF INSTITUTIONAL RELEASE UNDER SUPERVISION ARE THE LIBERATION CONDITIONNELLE, COMMON IN EUROPE AND LATIN AMERICAN, AND PAROLE, WHICH STARTED IN AMERICA. ALTHOUGH AMERICAN WRITERS OFTEN TRANSLATE 'LIBERATION CONDITIONNELLE' AS 'PAROLE,' SIGNIFICANT DIFFERENCES EXIST. LIBERATION CONDITIONNELLE IS AN ADMINISTRATIVE MEASURE EXISTING IN COUNTRIES WHICH INCLUDE BOTH THE JUDICIARY AND THE CORRECTIONS SYSTEM UNDER A MINISTRY OF JUSTICE. AS A RESULT, IT IS SLOW, DELIBERATE, AND EXTENDED ONLY TO THOSE PRISONERS CONSIDERED AT VERY LOW RISK, BUT IS UNIFORMLY APPLIED. ITS OPERATION IN FRANCE, SPAIN, THE NETHERLANDS, AND YUGOSLAVIA IS EXAMINED IN DETAIL. SOME OFFENDER STATISTICS ARE INCLUDED. PAROLE IS SWIFT, FLEXIBLE, OFTEN OFFERED TO HIGHER-RISK OFFENDERS, BUT IS APPLIED IN A VARIETY OF WAYS. THIS LACK OF UNIFORMITY, OFTEN BORDERING ON CAPRICIOUSNESS, IS THE BIGGEST CRITICISM OF PAROLE. OPERATION OF PAROLE IN THE UNITED STATES IS SURVEYED. BOTH SYSTEMS ARE EXAMINED IN LIGHT OF THE UNITED NATIONS WHITE PAPER TITLED 'THE ADULT OFFENDER,' ISSUED IN 1965. IT IS CONCLUDED THAT THE IDEAL SUPERVISED RELEASE SYSTEM COMBINES FEATURES OF BOTH PAROLE AND LIBERATION CONDITIONNELLE. IT IS ALSO CONCLUDED THAT PROVISIONAL RELEASE IS A NEEDED REFORM TO OFFSET THE DEHUMANIZING INFLUENCES OF THE TYPICAL PRISON. THE ARTICLE IS FOOTNOTED. (GLR)
Index Term(s): Alternatives to institutionalization; Canada; Europe; France; Latin America; Netherlands; Parole; Puerto Rico; Spain; United Nations (UN); United States of America; Yugoslavia
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49905

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