¶ … New York State Department of Parole or the Department of Corrections is an agency of the state responsible for the supervision and management of criminals convicted of a crime, felony level or higher. The Department of Corrections was put in place to provide protection for the community by operating and managing safe, secure facilities that keep offenders under control as well as allow them fair treatment during time served. The main objective of the agency is to minimize the risk of criminal behavior through a partnership consisting of communities, a continuum of community supervision, incarceration, sanctions and services to deal with criminal or unlawful behavior. The core values existing within the sequence of probation, prison, and parole is the foundation that the least antagonistic adjustment be used to monitor offender behavior, all while adhering to public safety rules and regulations.
What does it truly encompass to be paroled in America? The term parole, like other criminal justice terms, is often times misinterpreted to signify different things or in some cases, is just not fully comprehended. The definition of parole as stated by Eisenstadt & Moss is: an offender serves a section of their given sentence while under the supervision of either their community or an officer. (Eisenstadt, & Moss, 2005, p. 120) Another definition, given by the U.S. Parole Commission, states that parole may be granted if:
1. The convicted person has extensively followed the rules of the institution
2. If release would not abate the gravity of the offenses or advocate impudence for the law.
3. Release would not threaten the public welfare. (National Institute of Corrections (U.S.), 2001, p. 45)
This definition implies that parole systems set in different states vary in how they observe the rules and regulations. Parole systems are the same in regards to overall structure, but differ in the details. By applying research to how New York deals with the parole system, many interesting facts and figures will surface that interconnect with the idea of parole for offenders and how successful or unsuccessful the system for the state and to some level, the country, truly is. A quick example would be offenders get 6 months to a year of unsupervised probation if it is their first offense committed in New York. This law applies countrywide, but only to certain crimes.
Looking into the origin of probation allows an insight into the need for probation's existence. The origin of probation can be traced back to England and its criminal laws of the Middle Ages. Punishments were not only given to adults, but children, and not only for major crimes. People were treated in the same, harsh manner for petty crimes as well as major crimes. Sentences included branding, flogging, mutilation, as well as public execution. (Morgan Jr., 2009, p. 2) Public execution was so common that during the time of King Henry VIII, over a hundred crimes (some, minor offenses) were punishable by death.
The severity of these punishments were eventually met with discontent by English society. Consequently, they decided to re-evaluate their justice system. Progressive mentality wanted to generate a justice system that would slowly, but resolutely make an effort to alleviate barbaric and unfair punishments. They went about doing this through a variety of measures that were concocted and adapted to suit the needs of the many. Examples of these were royal pardons which could be purchased by the person accused; leniency could be granted by decision of the judge; stolen property could be diminished in value by the court so offenders could receive a lesser crime charge.
Additional methods such as: benefit of clergy, judicial reprieve, sanctuary, and abjuration, gave offenders a level of protection from receiving bleaker charges.(Parent, & National Institute of Justice (U.S.), Abt Associates, 1994, p. 56) In time, the courts initiated the practice of "binding over for good behavior," a form of ephemeral release during which offenders could take action to assure resources for pardons or lesser sentences. As it progressed in the United States, certain courts began adjourning sentences. Offenders achieved adjournment through a method similar to modern bail: the accused paid a fee as collateral for good behavior.
Filing executed in cases that did not require an instant sentencing, was also permitted and is the norm for minor cases presently. Using this maneuver, indictments were "laid on file" or held in recess. To alleviate arbitrary mandatory penalties, judges often assumed a motion to extirpate based upon minor technicalities or mistakes in the proceedings. These American practices are seen today as precursors to probation. It is also acknowledged as the early use of recognizance and suspended sentence which played a direct...
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