It has been written by Mickhita Bansal, a law graduate from Baba Farid Law College, Faridkot.

INTRODUCTION

The criminal justice system includes incarceration as punishment. Probation and parole, however, are important aspects of justice that are often hidden from our view. These programs are intended to serve as transitional measures between total freedom and incarceration. They have a significant impact on how individuals who are offenders will behave in the future. This article examines the goals, legislative background, and development of parole and probation and the numerous court rulings that authorized these programs.

HISTORICAL PERSPECTIVE FROM REFORM TO REVOLUTION

Probation and parole have evolved significantly since their introduction into society. Probation was introduced in mid-19th century, by John Augustus, known as the “father of probation”. Parole came into existence in 19th century which was introduced by Sir Walter Crofton. In the 1960s and 1970s, several reforms were introduced that aimed to enhance these programs. Over the past decades, both probation and parole have undergone various changes to address the changes in society and the criminal justice system. Today, probation and parole have been successfully attained as alternatives to incarceration and pathways to rehabilitation.

LEGAL FRAMEWORK OF PAROLE AND PROBATION

Probation and parole operate under distinct legal frameworks. These frameworks are designed to balance rehabilitation and public safety goals. The conditions for the same vary from case to case. Probation is imposed as part of a sentence by a judge. When an offender is convicted, the court may order probation as an alternative to incarceration. There are several conditions for granting probation, such as the offender may be required to perform community work or participate in drug or alcohol treatment programs. Whereas parole is granted by an administrative body composed of appointed officials. Parole is the temporary release of an offender. After serving a certain time in jail, an offender will be released on parole. There are several conditions to grant parole, such as inmates should demonstrate good behavior in prison, and parolees may be subjected to travel restrictions.

PROBATION OFFICERS AND PAROLE BOARDS

Probation officers and parole boards are the ones who are working on bringing rehabilitation to society. Probation officers create a balance between supervision and support, thus guiding offenders through challenging periods of their lives. They not only enforce conditions but also act as mentors who help individuals in their process of reintegration.

Parole boards, on the other hand, determine whether inmates are ready to re-enter society. This involves reviewing inmates’ eligibility criteria for early release. This is a great responsibility on the part of the Parole Board, as it requires careful consideration of the conditions required to release an offender.

INNOVATIVE APPROACHES TO REHABILITATION

The traditional approach for probation and parole is to monitor and comply with rehabilitation factors, whereas the innovative approach aims to reshape the landscape. For instance, the HOPE (Hawaii Opportunity Probation with Enforcement) program focusses on calculating the consequences of violations and enhancing support mechanisms. This approach has shown positive results in rehabilitating habitual offenders and improving probationer outcomes.

Moreover, technology is advancing and is aiming at transforming the supervisory under probation and parole. The new inventions in electronic monitoring devices and data analytics are enhancing supervision capabilities, allowing for real-time tracking and better risk management. These tools not only increase the accountability of probation and parole officers but also focus on supporting offenders.

CHALLENGES AND FUTURE DECISIONS

Despite their successes, the probation and parole systems have faced significant challenges. For instance, overcrowded caseloads and limited resources. Additionally, societal stigma and insufficient community support hinder the rehabilitation process.

The future of probation and parole will focus on the treatment of abuse and the use of restorative justice practices. Policymakers must address these challenges and work on enhancing the effectiveness of these programs. The plans for personalized supervision of offenders in consideration of their special needs shall be introduced in society. Our India’s main aim is to reform the offender rather than punishing them, so the use of probation and parole as an alternative to incarceration should be increased.

THE REAL IMPACT: CASE LAWS

1. Asfaq v. State of Rajasthan (2017)

In this case, the key issue was whether parole should be granted to a prisoner who was serving life imprisonment. Afaq applied for parole on several occasions which were denied. The Apex Court had a completely different evaluation. The Supreme Court highlighted the aim of granting parole and stated

that prisoners should be treated in a humane manner as they also have human rights. The Court emphasized that parole is a tool for the reformation and rehabilitation of prisoners and held that authorities should reconsider the application of parole by focusing on rehabilitating the prisoners.

2. Kapil Dey Pandey v. State of Uttar Pradesh (2023)

In this case, Kapil Pandey and another individual were accused of unlawful possession of railway property, which occurred in 1996. They were found guilty of possessing stolen railroad bearing plates. The High Court, in its judgment dated July 10, 2023, considered the applicability of the Probation of Offenders Act, 1958. The court examined whether the offenders could be granted probation instead of imprisonment. The court emphasized the need to consider the age, character, antecedents of the offenders, and the circumstances under which the crime was committed. The Supreme Court concluded that they were guilty of the offense and granted them probation for a period of one year.

CONCLUSION:

Probation and parole are not only alternatives to incarceration; they are the essential parts of a criminal justice system designed to help offenders rehabilitate and reintegrate into society. It is essential that we make investments in these systems to ensure that they are well equipped to handle the difficulties of this modern era. By assisting the individuals who work in these systems and focusing on the practice aspects of these programs, we can achieve a more efficient criminal justice system.

REFERENCES-

1. ‘Asfaq v. State of Rajasthan & Others., Rajasthan High Court, Judgment, Law, Case mine. Com’ (https://www.casemine.com) <https://www.casemine.com/judgement/in/5a146db8ce686e6280d8341b> accessed 4 August 2024

2. ‘Kapil Dev Pandey v. State of U.P. And 2 Others, Allahabad High Court, Judgment, Law, Case mine. Com’ (https://www.casemine.com) <https://www.casemine.com/judgement/in/64d48295c7f073319e0c748b>accessed 4 August 2024