Probation v. Parole vs. Probation:

Probation v. Parole

Parole vs. probation: An overview

On first glance, a casual observer might think that parole and probation are just two words for the exact same thing" ("Parole and probation," 2008, Directory M). However, they are really are two different types of alternative punishments. Usually, probation served by those individuals who have committed more minor or nonviolent offenses, and a term of probation issued instead of rather than in addition to a jail sentence. The sentence of probation is issued by a judge after a person is found or pleads guilty to a crime. The convicted individual is placed under the supervision of a probation officer and lives in the community under the probation officer's supervision and guidance. Certain conditions may be placed upon the individual by the judge or probation officer, such as obeying a curfew, having to get a job, living in or not leaving the area or his or her home, and reporting to his or her probation officer on a regular basis. Some offenders may also receive probationary sentences with societal conditions based on the nature of their crimes, such as a man convicted of domestic abuse not coming within a certain range of distance of his wife or significant other, or a convicted drug user not associating with certain people ("Parole and probation," 2008, Directory M).

In contrast, parole is issued by a parole board when an inmate has been deemed eligible 'for parole' after serving his or her court-ordered a minimum sentence ("General parole and probation questions," 2008, Criminal Law - Parole Probation, p. 1). Parole is the conditional release of a prison inmate back into the community and can be revoked at any time. It allows the inmate to live in the community under supervision while he or she transitions back into free society. It is not viewed as part of the original punishment like probation, but as a reward for good behavior and a way of protecting the community from an inmate's immediate unsupervised release.

The decision to grant parole is the responsibility in most states of a board of parole or commission and the inmate's violation of the conditions of the board of parole results in his or her re-imprisonment (General parole and probation questions," 2008, Criminal Law - Parole Probation, p. 2). Unlike probation, which is a formerly issued sentence, parole is not automatic. "Public safety and assisting the offender in reintegrating into the community are the most important considerations in any parole decision. Is the inmate willing and ready to re-enter the community as a law-abiding citizen and contribute to a safer society? Can the inmate's release back into society harm the general public? All relevant information is considered" (General parole and probation questions," 2008, Criminal Law - Parole Probation, p. 3). This is in contrast to probation, which is a legal sentence enforced based upon the nature of the crime and is viewed more in terms of the degree of the convicted defendant's culpability and mitigating circumstances regarding the crime.

The parole board takes some of the same factors into consideration as a judge does when sentencing an individual to a term of probation, such as the type and severity of the offence, but also considers certain personal factors, such as the individual's time served for the offense in prison, age, mental stability, marital status, education or vocational training, behavior and habits in prison and efforts shown at rehabilitation and remorse, and prior criminal history.

The parole board takes into consideration the inmate's psychological factors as well as issues pertaining to the act itself (General parole and probation questions," 2008, Criminal Law - Parole Probation, p.2).