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Law of Probation and Parole

NCJ Number
N P Cohen; J J Gobert
Date Published
846 pages
This comprehensive discussion of the law of probation and parole covers probation and parole granting, recision of probation and parole conditions, the modification of probation and parole, revocation, and appeal and remedies.
The introductory chapter presents brief histories of probation and parole, including discussions of theoretical bases and overviews of procedures. Topics covered in the consideration of probation granting are eligibility, factors in probation release decisions, defendant characteristics bearing upon the probation decision, and probation-granting procedures. The discussion of parole granting focuses on parole board characteristics and procedures, eligibility, and criteria for release. Attention is given to the Federal approach to parole, and due process in parole granting is reviewed through an examination of historical background and Supreme Court decisions. The chapter on the recision of probation and parole addresses the grounds for recision and required procedures. Following a portrayal of the procedures for determining probation and parole conditions, the terms of specific conditions are discussed. The chapter dealing with modification covers who may seek and order modification, the timing and grounds for modification, and the limits on the types of modifications that can be ordered. Procedures are also described. The discussion of supervision is devoted to searches, questioning, and the interstate compact for the supervision of parolees and probationers. Chapters on revocation consider grounds and procedures, defenses to revocation, the initiation of proceedings, the preliminary and final hearings, and revocation sanctions. The chapter on appeal and remedies addresses administrative relief, judicial relief, and expungement, pardon, and related remedies. Chapter footnotes, various tables, and a subject index are provided.