1. CJ 2011
James A. Fagin
Chapter 10:
Probation and Parole

2. After completion of this chapter, students should be able
to:
Understand why the criminal justice system provides for early
release of inmates
Know the differences between diversion, probation, parole,
mandatory release, good-time release, and pardon
Explain the origins, reasons for, and advantages of probation
Explain the origins, and the pros and cons of parole
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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3.  Incarceration that includes diversion for
defendants, probation or suspended sentence
for convicted offenders, and parole or early
release for prisoners
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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4.  Mandatory Release: law requires prisoners to
be released once they have served their entire
sentence
 Good-Time Credit: a strategy of crediting
inmates with extra days served toward early
release, in an effort to encourage prisoners to
obey rules
 Sentencing Reform Act of 1984
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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5.  Executive Pardon: an act by a governor or the
president that forgives the prisoner and rescinds
the sentence
 Commutation of Sentence: reduction in the
severity or length of an inmate’s sentence,
issued by a state governor or the president
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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6.  John Augustus (1784-1859)
 Boston shoemaker who observed court
proceedings and volunteered to take home
offenders and provide them with work
 By the time Augustus passed away, he had
assisted over 2,000 offenders
 In 1878, Massachusetts passed legislation
establishing first ‘paid’ probation officer
position
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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7. 1. A sentence of prison time is an inappropriate
punishment
2. Public would not be at serious risk if the offender
is released into the community
3. The offender would not benefit from any prison-
based rehabilitation program or vocational program
4. The offender can support himself or herself
5. The offender should not be confined due to mental
illness
6. The offender will not commit other crimes
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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8.  Much cheaper than prison ($1,000/person per
year)
 Promotes rehabilitation through employment,
opportunities for normal social relations, and
access to community services and resources
 Employment enables offenders to support
themselves and to pay taxes
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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9.  If offenders test positive for drugs
 If offenders are found in possession of a
weapon
 If offenders commit another crime
 If offenders lose employment
 If offenders fail to complete a treatment
program
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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10.  Parole provides for the early conditional
release of prisoners
 It is decided by parole boards
 It is supervised in the community by probation
and parole officers
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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11.  Parole Board is responsible for deciding whether
an inmate is to receive early release
 Independent Model: Parole Board is an
autonomous administrative unit with the power to
make parole release decisions
 Consolidated Model: Parole Board is under the
authority of the state Department of Corrections as
a specialty unit within the department that makes
decisions about conditional early releases
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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12.  Parole boards decide who to release when the
prison system is ordered to reduce its
population due to overcrowding
 The conditions of imprisonment caused by
overcrowding can be argued as a violation of
the Eighth Amendment
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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13.  Can be revoked for violation of a condition
of release, a technical violation, or for
commission of a new crime
 Less than 50% of parolees are successful in
maintaining their freedom after release
 Morrissey v. Brewer (1972)
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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14.  Probation and parole officers are case workers
with law enforcement powers, who supervise
convicted offenders in the community
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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15. 1. A case worker to help clients succeed in their
reintegration into the community and fulfill
the conditions of their release
2. A resource broker to help parolees to obtain
services, treatment, social benefits,
educational opportunities, and employment
3. A law enforcement officer and officer of the
court, empowered to enforce compliance with
the court’s orders and obedience to the law
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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