CRITICAL STUDY OF STRICT IMPLIMENTATION OF PAROLE IN KENYA Research Paper 1 Module II
RESEARCH PROPOSAL
Contents
INRODUCTION
History of Parole
The source of parole is linked to the work of numerous people who headed penitentiaries; they include Brockway Zebulon in the entire year 1867, Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854, Brockway Zebulon run the Elmira penitentiary in the New York while Alexander Maconochie was the governor of the Norfolk Island prison, Walter Crofton was the governor of the Irish prison. All of the preceding led to the introduction of parole system in the penitentiary system.
Brockway was born in 1827 and retired in the year 1920, he served as a prison warden in the united states where in later years he brought significant reforms into penitentiaries, he was later on regarded as the dad of penitentiaries after he introduced significant reforms in the prison associations, he run the Elmira penitentiary in the New York from the year 1876 to the year 1900, yet in the year 1912 he authored a publication entitled fifty years of prison service.
As Daniel Weiss states, the origin of parole however can also be attributed to the work of and Walter Crofton and Alexander Maconochie, Maconochie was the director of the Norfolk Island which is located off the coast of Australia, the conditions in that prison were so pathetic and the life imprisoned offenders are the ones who suffered more, a prison structure was introduced by Maconochie whereby offenders arrived in jail, then they are put under strict imprisonment, then through restrictive release and finally freedom, the advancement of the offender from one level t...
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...960).
Cavender Gray. Parole: A Critical Analysis. First edition. U.S: national university publications, 1982.
Cromwell, Killinger, Kerper, and Walker. “Probation and Parole in the Criminal Justice System.” 406. second. West Criminal Justice. West group, 1985.
Finkelstein Claire. “Positivism and the Notion of an Offence.” California Law Review 88, no. 2 (March 31, 2000).
Kretser, Freiberg, and Sun. “Strong Parole System Will Benefit Community.” Herald Sun News, July 30, 2013.
Medwed S. Daniel. “The Innocents Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings,”
Ohlin, Lloyd Edgar. Selection for Parole. Russell Sage Found. 1951.
Sarkin Jeremy. “Prisons in Africa: An Evaluation from a Human Rights Perspective.” International Journal on Human Rights (March 2008).
The Prisons Act, 2009.
Williams v New York (U.S supreme court 1949).
People expect a penitentiary to hold inmates, especially dangerous ones, for as long as the court determines they should serve. Kingston Penitentiary has been doing that for many years. But it has also dedicated to the reform of inmates. What that means has changed dramatically over time. (Curtis et al, 1985)
When envisioning a prison, one often conceptualizes a grisly scene of hardened rapists and murderers wandering aimlessly down the darkened halls of Alcatraz, as opposed to a pleasant facility catering to the needs of troubled souls. Prisons have long been a source of punishment for inmates in America and the debate continues as to whether or not an overhaul of the US prison system should occur. Such an overhaul would readjust the focuses of prison to rehabilitation and incarceration of inmates instead of the current focuses of punishment and incarceration. Altering the goal of the entire state and federal prison system for the purpose of rehabilitation is an unrealistic objective, however. Rehabilitation should not be the main purpose of prison because there are outlying factors that negatively affect the success of rehabilitation programs and such programs would be too costly for prisons currently struggling to accommodate additional inmate needs.
Johnston, Helen "Victorian Prisons." In Dictionary of Prisons and Punishment. Devon: Willan Publishing, 2007. http://www.library.rochester.edu/ezproxy.php?dbredirect=http%3A%2F%2Fsearch.credoreference.com.pc181.lib.rochester.edu%2Fcontent%2Fentry%2Fwillandpp%2Fvictorian_prisons%2F0
Inmates were given a specific amount of time for their sentences for the crime committed. The issue was the harsher punishment was it caused overcrowding in prisons and caused random inmates to be released to make room for new inmates. Maconochie, Sir Walter Crofton influenced the move for inmates to earn early release with good behavior, know as the “Irish mark system.”
De Luca, H., & Miller, T. J. (1991). Punishment vs. rehabilitation: A proposal for revising sentencing practices. Federal Probation, 55(3), 37.
Lab, Steven P. “Institutional Corrections.” Criminal Justice: The Essentials. New York: Oxford UP, 2011. Print.
The credit for establishing the early parole system goes to Alexander Maconochie who was in charge of the English penal colony at Norfolk Island, off the coast of Australia and Sir Walter Crofton, director of Ireland’s prisons.
Parole, as defined by the Bureau of Justice Statistics, “refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community” (Terms & Definitions: Corrections, 2014). On the other hand, the Bureau of Justice Statistics states that “probation refers to adult offenders whom courts place on supervision in the community through a probation agency, generally in lieu of incarceration” (Terms & Definitions: Corrections, 2014). Regardless of their similarities and/or differences, both of these serve as a valuable alternative to incarceration. The impact of community correction programs such as probation and parole minimize recidivism without the need of rehabilitation or reintegration
Siegel and Worrall (2014) defined parole as “the planned community release and supervision of incarcerated offenders before the
Sung, L. G.-e. (2011). Rethinking Corrections: Rehabilitation, Reentry, and Reintegration. Thousand Oaks : SAGE Publications.
An American resolution: The history of prisons in the United States from 1777 to 1877 by Matthew Meskell. Stanford Law Review.
...93). Intensive probation and parole (Vol. 17). In M. Tonry (Ed.), Crime and justice: A review of research. 281-335. Chicago: University of Chicago Press. Retrieved November 5, 2013 from http://heinonline.org.proxy.libraries.uc.edu/ HOL/Page?collection=journals&handle=hein.journals/cjrr17&id=289#289.
Throughout this paper, one will obtain a better understanding of the correctional system and how it is an important aspect of the criminal justice system. Therefore, the history of corrections, their mission statement, and sentencing goals will be briefly discussed. In the correctional system, there are different alternatives to imprisonment, such as probation, parole, and intermediate sanctions. I believe that parole makes a significant impact on the criminal justice system because it gives inmates who have already served time and shown good behavior the opportunity to be released early from prison. For example, there are two primary models of parole. First, the parole board grants a prisoner their parole based on their judgement
These issues include the ineffectiveness of parolees meeting with their supervising parole officers, courts letting prisoners out prematurely due to non-parole related reasons, and lastly, after the prisoner is put on parole they are set up for failure when they enter the parole system. The causes of these problems range from unpreparedness, lack of clarity, and mistreatment of parolees. These problems can be easily solved by partaking in systems that will fix the parole system from the inside out. The solutions to these problems may seem unattainable however, they can be fixed since there is a need to help the people who have been lost in the struggle of dealing with a broken parole
Incarceration has not always been the main form of “punishment” when it comes to doing an injustice to society. In fact, in the early 1600’s common forms of punishments for doing wrong in society included social rejection, corporal punishment, forced labor etc. (“Prison History.”). It had not been until the 18th century where it had been determined that incarceration could actually be a form of punishment correlating with a set amount of time in which an individual had to serve dependent on the severity of his actions. The logic behind incarceration is to restrict a person of his liberty as retribution for the crime he has committed (Prison History.”) Prisons that were created in the 18th century gained their recognition because of their high goals in perfecting society. But, the truth is as people were focusing on perfecting society prisons soon became overcrowded, dirty, and most of all dangerous. By the late 19th century many more people had become aware of the poor prison conditions which had led to a “reformatory” movement. The reformatory movement was put into place as a means of rehabilitation for inmates (“Prison History.”) Prisons would now offer programs to reform inmates into model citizens by offering counseling, education, and opportunities to gain skills needed for working in a civilian world. However, with the growing amount of inmates each year prisons are still becoming overcrowded. Because prisons are so overcrowded there are not enough resources being spent on achieving the rehabilitation of inmates and reintegrating them into society in order for them to survive in the civilian world once released from prison (“Prison History.”)