
Finding yourself the target of the American criminal court system can often feel overwhelming. Whether you’re someone facing criminal charges, a felon seeking parole, or concerned about potentially facing criminal charges in the future, you should understand the differences between probation and parole.
Pike Law aims to explain the differences and similarities between them. These are two fundamental aspects of our judicial system that can help keep people out of prison.
What is Probation and Parole?
Probation and parole can help people trapped in the criminal justice system. But what exactly are they?
- Probation is the suspension of a prison sentence. This allows the offender to remain in the community under supervision, rather than being sent to prison.
- Parole is the conditional release of a prisoner before the completion of their sentence. Parole can only be granted by a parole board.
Although they share similarities, these two terms are not interchangeable and serve different purposes within the justice system.
The Important Differences
At first glance, they might seem similar, but they serve distinct functions.
- Probation is an alternative to incarceration. Many offenders remain under court supervision within their communities rather than going to prison. They will stay on probation for a certain amount of time. During that time, if they violate the terms of their probation, they will go to prison. Some specific conditions can include attending counseling, performing community service, and not associating with known criminals.
- Parole is granted to inmates after they have already served a part of their sentence. When granted parole, an inmate is released into society while under supervision and specific conditions to ensure they do not re-offend. Violating these conditions can lead to a return to prison.
While both probation and parole aim to reintegrate offenders into society, probation is preventative and parole is a reward.
How Are Probation and Parole Granted?
Both processes aim to balance the goals of punishment, rehabilitation, and societal safety but do so in different ways and at different points in the criminal justice process.
Securing Probation
The process of obtaining probation begins after a conviction. During sentencing, a judge may offer probation instead of imprisonment. They do this after considering factors like:
- The nature of the crime
- The offender’s criminal history
- Their potential for rehabilitation
If granted, some more examples of strict conditions include regular check-ins with a probation officer, staying employed, and avoiding further criminal activities.
Getting Parole
Parole is a more complex process. Inmates only become eligible for parole after serving a portion of their sentence, and that portion is decided upon during their sentencing.
When someone is up for parole, they appear before a parole board. The parole board evaluates a prisoner’s behavior in prison, rehabilitation efforts, and the risk they may pose to society. If the board grants parole, the inmate is released but must follow stipulated conditions, ranging from regular meetings with a parole officer to employment requirements.
Benefits of Probation and Parole for Individuals and Society
- Reducing Recidivism: One of the most significant benefits of probation and parole is their potential to reduce recidivism, or people re-offending and going back to prison. By keeping offenders under supervision and providing them with support services, these programs help people reintegrate into society and avoid re-offending. Studies have shown that people on probation or parole are less likely to commit new crimes compared to those who serve complete prison sentences. How much this reduces their chances depends on the crime committed and how long they were in prison.
- Addressing Overcrowding and Costs: Both also play a crucial role in alleviating overcrowding in prisons. With the rising costs of incarceration, these alternatives reduce the financial burden on taxpayers.
- Better Rehabilitation: Probation and parole provide a more rehabilitative environment. Offenders benefit from community-based programs, mental health services, and vocational training, which are often more effective than the limited resources available in prisons.
Examining the Challenges of Probation and Parole
- Compliance and Monitoring: One of the primary challenges of probation and parole is complying with the set conditions. Probation and parole officers play a vital role in monitoring people, but it can also be resource-intensive and challenging.
- Risk of Revocation: The risk of revocation is another significant challenge. Failure to comply with probation or parole conditions can result in revocation and a return to prison. This creates a constant state of uncertainty for probationers and parolees, who must continually prove their commitment to rehabilitation.
- Stigma and Reintegration: The stigma associated with being on probation or parole can hinder successful reintegration. People may face discrimination in employment, housing, and social interactions. Addressing this stigma through public awareness and support programs is crucial for improving the chances of successful reintegration because it is not illegal to discriminate against felons during employment.
Contact Pike Law For Help Seeking Parole or Probation
Probation and parole are vital components of the criminal justice system that offer numerous benefits. By providing alternatives to incarceration, they promote rehabilitation, reduce recidivism, and alleviate the burden on prisons. However, navigating these processes can be challenging without proper legal support.
If you need assistance with probation or parole matters, don’t hesitate to reach out to Attorney at Law, John B. Pike. Our experienced attorney is here to guide you through every step of the process, ensuring that your rights are protected and your future remains bright. If you need help seeking probation or parole, contact us today.