How to Understand Probation and Parole Differences in Law

Image1Two of the most cherished components included within the criminal justice system are probation and parole, which include supervision of the offender while reintegration into society is allowed. Many people refer to these terms interchangeably; however, they are actually two different concepts that hold different meanings to offenders. It is very important for offenders, victims, and advocates to understand the distinction in meaning between probation and parole.

Probation

Probation is a sentence given by courts whereby a criminal is allowed to remain at large instead of serving his prison time, usually out of a plea bargain or sentenced to a less serious crime. The essence of sentencing an individual to probation is primarily rehabilitation of the offender while reducing the effects of imprisonment. Conditions of probation may include visiting a probation officer regularly, keeping employment, attending counseling, and staying drug- and alcohol-free. Failure to do these means violation of probation, whereby the sentence is served in jail or prison.

It is also an opportunity on the part of offenders to prove that they are now changed and want to live among the people. In the cases of first-time offenders or minor offenses, probation would work better since it allows them to continue working and living with their families while, at the same time, being rehabilitated. There are, however, adverse aspects of probation. A probationer’s activities are followed “closely, and one wrong move may mean severe penalties.”

Parole

On the other hand, parole is supervised release of an offender from prison after serving a part of his sentence. Parole allows inmates to go back to civilian life while they are still being supervised by a parole officer. Like probation, parole has some conditions that are observed. This may be through regular meetings with the parole officer, seeking employment, and avoiding certain persons or places.

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Parole is primarily granted in order to enable the criminal to adapt more easily from prison back into civil society. Generally speaking, parole boards consider factors such as the behavior of the prisoner during his imprisonment, his possibilities of rehabilitation, and his preparedness for life outside the prison. The criminal lawyer will also need to inform the client of any potential long-term consequences of a conviction on the client’s employment, housing, and professional licensure. This will be crucial to allowing the clients to make informed decisions about the case at hand.

Differences Between Probation and Parole

The differences between probation and parole mainly concern the juncture at which the process begins in the criminal justice process. Although both exist as alternatives to imprisonment, probation is an option available at the time of sentencing, whereas parole occurs afterward, when an offender has served part of their sentence in prison.

Also, the terms and supervision given to probation and parole differ. Often, probation is more formal in terms ordered by the court, while parole often allows for leniency as the offenders are reintegrated into society from imprisonment. Since parolees have been imprisoned, strict supervision may be more acceptable than that of probationers that have not been housed in a prison environment.

Penalty against the Offenders

Understanding various differences between parole and probation can be significant on the part of offenders who want to proceed with their several legal obligations along with imposed conditions.

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In this case, the offenders, by following the set conditions of the probation, will be helped to stay away from the probable jail sentence. Interaction with the probation officers, along with taking part in the rehabilitation programs, will definitely enhance their possibilities of succeeding in probation.

The stakes can also be considerably high for parolees. To them, parole violation means returning to prison, which disrupts their processes of trying to get assimilated into society and can be a major setback in their personal lives. Parolees need to be active with their parole officers, have stable employment, and meet rehabilitation needs where necessary. This is the only surety for success in the community.

Conclusion

Consequently, probation and parole both become rewarding professions within the ambit of the criminal justice system because of rehabilitation and a very insignificant recidivism rate. A differentiation between the two forms of supervised releases, in turn, enables offenders to understand and make more prudent decisions in terms of adhering to their respective pathways, leading to successful reintegration within the community. Meeting the conditions of the court or parole board is a vital step an offender can take in starting to build a brighter future and giving back to society.