Transcript A Brief History of Parole

A Brief History of Parole
Revenge of the “Rehabilitative Ideal”
and that scoundrel Martinson
What is Parole?
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A process of discretionary release from prison
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Parole Boards
A process of post-release supervision
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Parole Supervision
Early Precursors to Parole
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Parole “born” in the 19th century, as
governments moved away from corporal
punishments (to “reform”)
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“Prisons” born first, and starting to become the
punishment of choice.
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Spain: (1835) Manuel Montesinos
Germany (1842) Georg Obermaier
England (1837) Alexander Maconochie
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And a little love from Sir Walter Crofton (Ireland)
The Grammy goes to….
Maconochie/Crofton
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Alexander Maconochie
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“Warden” for English penal colony at Norfolk Island (off
coast of Austrailia)
Criticized “determinate” prison terms
Developed the “mark system”
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Good conduct, labor, study… got “marks”
Marks got you privilege, and eventually release
Fired in 1844
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BUT, in 1853, England substitutes prison for transportation,
and legalizes “ticket-of-leave” system
Hired (1849) and Fired (1851) again in a different prison
Sir Walter Crofton
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Administrator of Irish Prison System
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Implements Mac’s plan in 1854
Tickets of leave only for “reformation”
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Achievement (industry/education), positive attitudes
The “Irish System”
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Strict Imprisonment
Intermediate
Ticket-of-leave
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Closer to “parole” than the English ticket (conditions,
supervision)
Meanwhile, back in the U.S.
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National Prison Association
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Importance of 1870 Meeting in Cincinnati
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“Irish System” part of “Declaration of Principles”
Principles = Rehabilitative Ideal
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Indeterminate Sentences, Parole, “mark system”
Zebulon “the Wolverine” Brockway
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Elmira Reformatory (NY) in 1876
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Indeterminate sentence x parole
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Grades of Classification (first--good--to third--bad)
Parole supervision for six months
“Volunteer Guardians”
The Rise of Parole
1900-1970s
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Indeterminate Sentencing x Parole spread
rapidly
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NY first state (1907)
All but three states by 1927
This system reaches its peak in the 1970s
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By 1977, 72% of offenders released on parole
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Prisoner Reform (in reality?)
Institutional Control
Solution to Prison Crowding
The Attack on Parole
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Parole not liked by the American public
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But, polls as early as 1934 reveal this (still holds
today)…why in the 1970s?
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But, danger of polling questions?
The 1970s revolution
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Conservatives (chance to pounce)
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JQ Wilson (deterrence/incapacitation only option)
Parole as “coddling criminals”
Liberals
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End racial/gender bias, boards as political fodder
Fogel, Von Hirsch = “Justice Model”
The Results of the Attack
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Maine eliminates parole in 1976
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By the end of 1998, 14 states abolish
1984: Feds phase out (still “supervised release”)
21 additional states limit discretion of parole board
Only 15 states still give broad discretion
Only 28% of inmates released by parole boards in 1997
End result?
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No increase in time-served (other valves)
Truth in sentencing has had an effect
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Both prison time and parole time have increased
Changes in the Nature of Parole
Supervision
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Like probation, parole supervisors embraced
the “surveillance and control” model in the
1980s
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Whither counseling, job training, housing?
Offenders as in need of “attitude adjustment
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POs absolved of responsibility for change
Drug testing, but no drug tretment
Current forms of Release
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Mandatory Release
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Conditional supervision if goodtime credits or
other “early release”
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Supervision included in sentence
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If full sentence, (expiration) no supervision, unless…
Federal Guidelines = “supervised release”
Discretionary Parole Release