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Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ('speech, spoken words' but also 'promise'), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, 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. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ...
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Parole Officer
A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by Private Probation, private companies that provide contracted services to the government. Duties and functions Responsibilities of a probation or parole officer are varied. While the majority of the public considers these officers as merely supervisors of offenders, their role within the legal system is significantly broader and more complex. While their roles vary throughout the world, they are commonly responsible for upholding conditions of supervision as sentenced by a court or other government entity which includes specific case management aimed at reducing an offender's Recidivism, risk to reoffend. At a minim ...
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Parole Board Of Canada
The Parole Board of Canada (PBC; ; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons in Canada. It operates under the auspices of Public Safety Canada. History The old ''Ticket of Leave Act'' was replaced by the ''Parole Act'' of 1959, which enshrined the principle of rehabilitation. As conceived by the ''Parole Act'', the Parole Board of Canada was a completely independent parole decision-making authority. The legislators envisioned a very powerful organization, with considerable discretionary authority and a much broader mandate than the old Remission Service had. To ensure their immunity from political interference or influence, the five Board members were appointed for 10-year terms, with the possibility of renewal. The legislation set out the new criteria for parole: the Board could release an inmate who "derived the maximum benefit from imprisonment," when "the reform ...
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R V Bissonnette
''R v Bissonnette'', 2022 SCC 23 is a landmark decision of the Supreme Court of Canada which held that life sentences without a realistic possibility of parole constituted cruel and unusual punishment. The Court unanimously struck down section 745.51 of the ''Criminal Code'', which gave sentencing judges the discretion to stack periods of parole ineligibility for multiple murders, for violating Section 12 of the Canadian Charter of Rights and Freedoms. The case arose in the sentencing for Quebec mosque shooter Alexandre Bissonnette and drew heavy media attention. Background Life sentences in Canada In Canada, life imprisonment exists as a criminal sentence for certain offences, and is mandatory for the offences of murder and high treason. An offender may apply for parole after serving a parole ineligibility period of 25 years for first-degree murder and high treason, and a judge-determined period between 10 and 25 years for second-degree murder. The mandatory sentences fo ...
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Correctional Service Of Canada
The Correctional Service of Canada (CSC; ), also known as Correctional Service Canada or Corrections Canada, is the Government of Canada, Canadian federal government agency responsible for the incarceration and Rehabilitation (penology), rehabilitation of convicted Crime, criminal offenders sentenced to two years or more. The Government agency, agency has its headquarters in Ottawa, Ontario. The CSC officially came into being on April 10, 1979, when Elizabeth II, Queen Elizabeth II signed authorization for the newly commissioned agency and presented it with its armorial bearings. The Commissioner of the CSC is recommended for appointment by the Prime Minister of Canada, Prime Minister and approved by an Order in Council. This appointed position reports directly to the Minister of Public Safety and Emergency Preparedness and is accountable to the public via Parliament of Canada, Parliament. The current Commissioner of the CSC is Anne Kelly, who served as the senior deputy commissi ...
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Compassionate Release
Compassionate release is a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing". Compassionate release procedures, which are also known as medical release, medical parole, medical furlough, and humanitarian parole, can be mandated by the courts or by internal corrections authorities. Unlike regular parole, compassionate release is not based on a prisoner's behaviour or sentencing, but rather on medical or humanitarian changes in the prisoner's situation. Request process Obtaining a compassionate release for a prison inmate is a process that varies from country to country (and sometimes even within countries) but generally involves petitioning the warden or court to the effect that the subject is terminally ill and would benefit from obtaining aid outside of the prison system, or is ...
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Day Parole
Day parole is a form of release under Canadian law that permits prisoner participation in public activities during the day, and requires they return to their prison or halfway house nightly. The Parole Board of Canada may waive this requirement, or choose to impose additional conditions. This is often preparatory for statutory release or full parole. Eligibility In Canada, a prisoner serving a sentence of two years or longer is eligible to apply for day parole six months prior to eligibility for full parole, or after six months (whichever is greater). Those serving life Life, also known as biota, refers to matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes. It is defined descriptively by the capacity for homeostasis, Structure#Biological, organisation, met ... or indeterminate sentences are eligible to apply for day parole after three years, or three years before full parole eligibility (whichever is greater). Referen ...
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Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to Right to a fair trial, fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, ...
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Ticket Of Leave
A ticket of leave was a document of parole issued to convicts who had shown they could now be trusted with some freedoms. Originally the ticket was issued in United Kingdom, Britain and later adapted by the United States, Canada, and Ireland. Australia The ticket of leave system was first introduced by Governor of New South Wales#History, Governor Philip Gidley King in 1801. Its principal aim was to reduce the burden on the fledgling colony, colonial government of providing food from the government's limited stores to the convicts in Australia, convicts who were being penal transportation, transported from the United Kingdom to Australia and its colonies of New South Wales and Tasmania. Convicts who seemed able to support themselves were awarded a ticket of leave. Before too long, tickets began to be given as a reward for good behaviour, which permitted the holders to seek employment within a specified district but not to leave it without the permission of the government or t ...
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Arnould Bonneville De Marsangy
Arnould Bonneville de Marsangy, born in Mons in 1802 and died in 1894 to Paris was a French magistrate. He was a forerunner in the field of Criminology and originator of ideas such as the criminal (proposed in 1848 and introduced in 1850), parole (which he termed "preparatory liberations"), the generalization of fines in lieu of imprisonment or compensation for victims of a miscarriage of justice, as well, as recidivism Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo .... Books * De la récidive, ou des moyens les plus efficaces pour constater rechercher et réprimer les rechutes dans toute infraction à la loi pénale, 1844 * Des libérations préparatoires, 1846 * Traité des diverses institutions complémentaires du régime pénitentiaire, 1847 * Des pénalités pécuniaires au dou ...
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Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ...
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Commutation Of Sentence
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal conviction. Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court. For example, the substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that definition of commutation would use another term, such as a remission, to describe a reduction of a penalty that does not change its character. A commutation does not reverse a conviction and the ...
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Northwestern University School Of Law
The Northwestern University Pritzker School of Law (formerly known as Northwestern University School of Law from 1891 to 2015) is the law school of Northwestern University, a Private university, private research university. The law school is located on the university's Chicago campus. Northwestern Law is considered part of the T14 Law, T14, an unofficial designation in the legal community for the best law schools in the United States. Founded in 1859, it was the first law school established in Chicago. Notable alumni include numerous governors of several states; Arthur Goldberg, United States Supreme Court Justice, United States Supreme Court justice; Adlai Stevenson II, Adlai Stevenson, governor of Illinois, cabinet secretary, and Democratic presidential candidate; John Paul Stevens, United States Supreme Court justice; Newton Minow, former chairman of the Federal Communications Commission (FCC); and Harold Washington, the first black mayor of Chicago (1983–87) and, previous ...
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