The Rights of Inmates to Parole

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THE RIGHTS OF INMATES TO PAROLE

Parole refers to an early releaseof a prisoner that was to serve an uncertain time in incarceration.After the prisoner’s early release: normally after serving part ofthe sentence period, the prisoner is subject to constant monitoringunder probation. Authorities expect those on parole to adhere to alllaw to stay out of jail. In the course of probation, there would berandom home visits and sporadic drug tests to ensure the paroleecomplies with the rules (Commission 2004).

Prior to 1865, the Americanreformers were familiar of the changes the European prison systemshad achieved, especially the in the Irish system. In 1870 during theNational Prison Association, at the Cincinnati they read Crofton’spaper, and they incorporated Irish system reference in the principlesdeclaration with other reforms. Most Americans started referring toparole as the Irish system due to Crofton’s experiment. (Walker1998).

The clause on due process callsfor “due process” –essential formality rights-and safeguardssubstantive rights. Procedural rights are those, which dictate themanner in which government can lawfully takeaway an individual’sproperty, freedom or life (Schmidt et al. 2011).

Additionally, the Fifth andFourteenth Amendment protects individual’s fundamental rights. Themost crucial right in both the Fifth and Fourteenth Amendment is thedue process right. It is the most critical power because it ensuresthat all government levels offer impartial procedures and are withinthe law. In Miller v. Alabama, the petitioner was an accomplice tomurder, the court paroled the sentenced the petitioner with apossibility of parole because Jackson was a first offender.

The significance of a parole isto give a person, whom the authorities believe is productive, and hareformed, another chance to back and develop the community. Peoplerepeat offences is because, after a long period of incarceration,they come back in the society and cannot cope with life and havenowhere to start unless they commit a crime. The right to paroleguards against instances where offenders who have reformed overstayin prison.

References

Abadinsky, H. (2012). Probationand parole: Theory and practice (11th ed.). Upper Saddle River, NJ:Prentice Hall.

Commission,F. P. (2004). Parole and Post Release. Retrieved 12 02, 2012, fromhttps://fpc.state.fl.us/Parole.htm.

Miller v. Alabama (2012). U.S.567. 10-9647.

Schmidt, S., II Shelley, M., andBardes, B. (2011). American Government and Politics Today. Boston,MA.