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Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial  · Speedy trial  · Jury trial
Counsel  · Presumption of innocence
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy (Not E&W)
Verdict
Acquittal  · Conviction
Not proven (Scot.)  · Directed verdict
Sentencing
Mandatory  · Suspended  · Custodial
Dangerous offender (Can., E&W)
Capital punishment  · Execution warrant
Cruel and unusual punishment
Post-conviction events
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Miscarriage of justice
Exoneration  · Pardon
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice
For other uses, see Parole (disambiguation). Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Courts of the United States may refer both to the United States federal courts, which operate under the authority of the United States Constitution Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A suspended sentence is a legal construct Unless a minimum punishment is prescribed by law the Court has the power to suspend the passing of sentence (generally A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to

Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole, meaning "(spoken) word". French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Following its use in late-medieval Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their word of honor to abide by certain restrictions.

Contents

Criminal justice

In criminal justice systems, parole is the supervised release of a prisoner before the completion of his/her sentence. This differs from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Amnesty (from the Greek amnestia, oblivion is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. In nearly all cases, conditions of parole include obeying the law, obtaining some form of employment, and maintaining some contact with a parole officer. Probation officers and parole officers function as agents or officers of the courts

Australia

In Australia, prisoners are granted parole when they have served half of their sentence. For a topic outline on this subject see List of basic Australia topics. Recent court roulings have questioned this system, as often, the prisoners serve a greatly reduced sentence.

China

In China, prisoners are often granted medical parole, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National Often, the medical condition is not serious, and medical parole is used as an excuse to release a prisoner, particularly a political dissident, without the government having to admit that the sentence was unjust. A dissident, broadly defined is a person who actively challenges an established doctrine policy or institution [1][2]

The Chinese legal code has no explicit provision for exile, but often a dissident is released on the grounds that they need to be treated for a medical condition in another country, and with the understanding that they will be reincarcerated if they return to China. Dissidents who have been released on medical parole include Wang Dan, Wei Jingsheng, Gao Zhan, and Fang Lizhi. Wang Dan (王丹 Pinyin: Wáng Dān (born February 26, 1969) a leader of the Chinese democracy movement, was one of the most visible of the Wei Jingsheng ( Chinese: 魏京生 Pinyin ：Wèi Jīngshēng born May 20, 1950) is an Activist in the Chinese democracy Gao Zhan (Chinese 高瞻 is a researcher who worked at the American University in Washington DC. Fang Lizhi ( born February 12, 1936) was a professor of Astrophysics and vice president of the University Exiling a dissident in most cases destroys them politically, as they are no longer seen as a martyr within China. The term martyr ( Greek μάρτυς martys "witness" is most commonly used today to describe an individual who sacrifices their life (or personal freedom

Italy

Main article: Libertà condizionata

Libertà condizionata is covered by Article 176 of the Italian Penal Code. Article 176 of the Italian Penal Code concerns libertà condizionata (English Conditional release, or parole A prisoner is eligible if he has served at least 30 months (or 26 years for life sentences), and the time remaining on his sentence is less than half the total (normally), a quarter of the total (if previously convicted), or five years (for sentences >7. 5 years). 21 inmates were granted libertà condizionata in 2006.

United States

In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. The United States of America —commonly referred to as the This is often done by specifying an indeterminate sentence of, say, "15 to 25 years," or "15 years to life. " The latter type is known as an indeterminate life sentence; in contrast, a sentence of "life without the possibility of parole" is known as a determinate life sentence.

In most states, the decision of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as Social Security if the prisoner is old enough to qualify). Social Security, in the United States currently refers to the federal Old-Age Survivors and Disability Insurance ( OASDI) program Many states now permit sentences of life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoner not sentenced to either this or the death penalty will eventually have the right to petition for release (one state – Alaska – maintains neither the death penalty nor life imprisonment without parole as sentencing options). Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. The right to petition is the freedom of individuals (and sometimes groups and corporations to Petition their government for a correction or repair of some form of Alaska ( Аляска Alyaska) is a state in the United States of America, in the northwest of the North American continent At the same time, most other nations, such as European nations and Mexico, have abolished life without the possibility of parole because it is considered cruel. The United Mexican States ( or commonly Mexico (ˈmɛksɪkoʊ () is a federal constitutional Republic in North America.

Before being granted the privilege of parole, the inmate must first agree to abide by the conditions of parole set by the paroling authority. These conditions usually require the parolee to meet regularly with his or her parole officer or community corrections agent, who assesses the behavior and adjustment of the parolee and determines whether the parolee is violating any of his or her terms of release (typically these include being at home during certain hours, maintaining steady employment, not absconding, refraining from illicit drug use and sometimes, abstaining from alcohol). In Chemistry, an alcohol is any Organic compound in which a Hydroxyl group ( - O[[hydrogen H]]) is bound to a Carbon In some cases, a parolee may be discharged from parole before the time called for in the original sentence if it is determined that the parole restrictions are no longer necessary for the protection of society (this most frequently occurs when elderly parolees are involved).

Service members who commit crimes while in the US military may be subject to Court Martial proceedings under the Uniform Code of Military Justice (UCMJ). The United States Armed Forces are the overall unified military forces of the United States A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject The Uniform Code of Military Justice ( UCMJ,,) is the foundation of Military law in the United States. The Uniform Code of Military Justice ( UCMJ,,) is the foundation of Military law in the United States. If found guilty, they may be sent to Federal or Military Prisons and upon release may be supervised by U. S. /Federal Probation Officers. The Federal Probation Service or United States Probation Service is an agency that services the United States district court in all 94 judicial Federal districts

Parole is a controversial political topic in the United States. According to the U. S. Department of Justice, at least sixteen states have abolished parole entirely, and four more have abolished parole for certain violent offenders. [3] During elections, politicians whose administrations parole any large number of prisoners (or, perhaps, one notorious criminal) are typically attacked by their opponents as being "soft on crime". The US Department of Justice (DOJ) stated in 2005 that about 45% of parolees completed their sentences successfully, while 38% were returned to prison, and 11% absconded. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department These statistics, the DOJ says, are relatively unchanged since 1995; even so, some states (including New York) have abolished parole altogether for violent felons, and the federal government abolished it in 1984 for all offenders convicted of a federal crime, whether violent or not. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parolees was an increase of about 1. 5% per year between 1995 and 2002.

The accused perpetrators of the infamous July 2007 Cheshire, Connecticut home invasion were convicted burglars paroled from Connecticut prisons. Cheshire is a town in New Haven County, Connecticut, United States. Home Invasion is the fifth solo album by Ice T. Released in 1993, the album was Ice T's first release on Rhyme Syndicate Records. [1][2] The New York Daily News has called on parole to be abolished in the wake of this massacre [3] On September 21, 2007 Governor M. Jodi Rell announced a moratorium on the parole of violent offenders in the wake of the Cheshire massacre [4]

A variant of parole is known as "time off for good behavior," or, colloquially, "good time. The Daily News of New York City is the fifth most-widely circulated daily Newspaper in the United States with a daily circulation of 703137 Mary Jodi Rell (born June 16 1946 is a Republican Politician who became the 72nd Governor of the U " Unlike the traditional form of parole – which may be granted or denied at the discretion of a parole board – time off for good behavior is automatic absent a certain number (or gravity) of infractions committed by a convict while incarcerated (in most jurisdictions the released inmate is placed under the supervision of a parole officer for a certain amount of time after being so released). In some cases "good time" can reduce the maximum sentence by as much as one-third. It is usually not made available to inmates serving life sentences, as there is no release date that can be moved up.

US immigration law

In US immigration law, the term parole has three different meanings. Immigration law refers to national Government policies which control the phenomenon of Immigration to their country

A person who does not meet the technical requirements for a visa may be allowed to enter the U. S. for humanitarian purposes. Persons who are allowed to enter the U. S. in this manner are known as parolees (the use is catachrestic, since as the individual gives his word rather than takes it, the term should be not "parolee" but "paroler") . Catachresis (from Greek) which literally means the incorrect or improper use of a word is a term used to denote the (usually intentional use of any Figure

Another use related to immigration is advance parole, in which a person who already legally resides in the U. S. needs to leave temporarily and return without a visa. This typically occurs when a person's application for a green card (permanent residency) is in process and the person must leave the U. A United States Permanent Resident Card, also known as a green card, is an Identification card attesting to the Permanent resident status of an Alien S. for emergency or business reasons. In the wake of September 11, 2001, there has been greater scrutiny of applications for parole and advance parole. [5]

The term is also used to denote scenarios in which the federal government orders the release of an alien inmate incarcerated in a state prison before that inmate's sentence has been completed, with the stipulation that the inmate be immediately deported, and never permitted to return to the United States. The most celebrated example of this form of parole was that of Lucky Luciano, who was being "rewarded" for cooperating with the war effort during World War II. Charles "Lucky" Luciano (born Salvatore Lucania; November 24 1897 – January 26 1962 was a Sicilian Mobster. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including In most cases where such parole is resorted to, however, the federal government has deemed that the need for the immediate deportation of the inmate outweighs the state's interest in meting out punishment for the crime the inmate committed.

Prisoners of war

Parole is "[t]he agreement of persons who have been taken prisoner by an enemy that they will not again take up arms against those who captured them, either for a limited time or during the continuance of the war. " [4] The U.S. Department of Defense defines parole more broadly. The United States Department of Defense ( DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government "Parole agreements are promises given the captor by a POW to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint. "[5]

The practice of paroling enemy troops began hundreds of years ago, at least as early as the time of Carthage. [6] Hugo Grotius, an early international lawyer, favorably discussed prisoner of war parole. Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 [7] During the American Civil War, both the Dix-Hill Cartel and the Lieber Code set out rules regarding prisoner of war parole. Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South The Dix-Hill Cartel was an agreement concluded on July 22, 1862 between the Confederate and Union governments to handle the general exchange The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order [8] Francis Lieber's thoughts on parole later reappeared in the Declaration of Brussels of 1874, the Hague Convention, and the Geneva Convention Relative to the Treatment of Prisoners of War. Dr Francis Lieber ( March 18, 1800 &ndash October 2, 1872) originally known as Franz Lieber was a German-American [9]

In the United States, current policy prohibits prisoners of war from accepting parole. The Code of Conduct for the U. S. Armed Forces states: "I will accept neither parole nor special favors from the enemy. "[10] This position is reiterated by the Department of Defense. "The United States does not authorize any Military Service member to sign or enter into any such parole agreement. "[11]

Linguistics

Main article: Linguistic performance

Parole (French, meaning "speech") is also a linguistic term used by Ferdinand de Saussure which, as opposed to langue, describes language in use rather than language as a system. Linguistic performance is one of the two elements in Chomsky's performance/competence distinction French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Linguistics is the scientific study of Language, encompassing a number of sub-fields Ferdinand de Saussure (fɛʁdinɑ̃ də soˈsyːʁ ( November 26, 1857 – February 22, 1913) was a Swiss linguist Parole is a dynamic, social activity in a particular time and space.

See also

References

  1. ^ China Grants Convicted Scholars Medical Parole. The parol evidence rule is the legal application of a rule of evidence in Contract cases that prevents a party to a written contract from contradicting (or sometimes adding The Chronicle of Higher Education. The Chronicle of Higher Education is a Newspaper that represents a source of news information and jobs for college and university faculty and administration Retrieved on 2008-01-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 532 - Nika riots in Constantinople. 888 - Odo Count of Paris becomes King of the Franks
  2. ^ US lawmakers demand China grant dissident medical parole. Agence France-Presse via MyWire (2005-01-20). Agence France-Presse ( AFP) is the oldest News agency in the world and one of the three largest with Associated Press and Reuters. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Events 250 - Emperor Decius begins a widespread persecution of Christians in Rome. Retrieved on 2008-01-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 532 - Nika riots in Constantinople. 888 - Odo Count of Paris becomes King of the Franks
  3. ^ [http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--parolequestioned0505may05,0,1199416.story "Parole system in transition assailed as unfair"]. Newsday, May 2, 2007.
  4. ^ 2 Bouvier's Law Dictionary 2459 (1914).
  5. ^ U. S. Department of Defense Directive 1300. 7, Training and Education Measures Necessary to Support the Code of Conduct (23 Dec 88).
  6. ^ Herbert C. Fooks, Prisoners of War 297 (1924).
  7. ^ Hugo Grotius, De Jure Belli ac Pacis (1625), reprinted in 2 Classics of International Law 853-54 (J. Scott ed. 1925).
  8. ^ James M. McPherson, Battle Cry of Freedom 791 (1988); U. S. Army General Orders No. 100 (24 April 1863), reprinted in R. S. Hartigan, Lieber's Code and the Law of War 45-71 (1983).
  9. ^ Annex to Hague Convention IV Respecting the Laws and Customs of War on Land, Art. 10 (1907) and Geneva Convention Relative to the Treatment of Prisoners of War, Art. 21 (1949), both reprinted in Documents on the Laws of War 216 (A. Roberts & R. Guelff ed. 1982).
  10. ^ Code of Conduct for Members of the Armed Forces of the United States, Exec. Order No. 10,631, 20 Fed. Reg. 6057, 3 C. F. R. 1954-58 Comp. 266 (1955), as amended by Exec. Order No. 12,017, 42 Fed. Reg. 57941 (1977); and Exec. Order No. 12,633, 53 Fed. Reg. 10355 (1988).
  11. ^ DoD Directive 1300. 7, Enclosure 2, Para. B3a(5).

Dictionary

parole

-noun

  1. (law) The release of (a prisoner) on the understanding that he/she checks in regularly and obeys the law.
  2. The amount of time a prisoner spends on limited release.
  3. A limited sense of freedom.
  4. (linguistics) Language in use, as opposed to language as a system.

-verb

  1. (transitive) To release (a prisoner) on the understanding that s/he checks in regularly and obeys the law.
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