NCJ Number
16945
Journal
Federal Probation Volume: 38 Issue: 3 Dated: (SEPTEMBER 1974) Pages: 23-29
Date Published
1974
Length
7 pages
Annotation
A DISCUSSION OF PROBATION AND PAROLE REVOCATION PROCEDURES IN THE LIGHT OF RECENT SUPREME COURT RULINGS, WITH AN EXAMINATION OF THE PROCEDURAL DIFFERENCES AND SIMILARITIES BETWEEN THE TWO.
Abstract
SEVERAL THEORIES OF PROBATION AND PAROLE STATUS, SUCH AS THE GRACE THEORY, THE CONTRACT PAROLE THEORY, AND THE LEGAL CUSTODY THEORY ARE FIRST DISCUSSED. CRITICISMS OF THESE THEORIES AND LOGICAL INCONSISTANCIES WITHIN AND AMONG THESE CONCEPTS ARE THEN EXAMINED. FEDERAL PAROLE AND PROBATION PROCEEDINGS ARE DISCUSSED IN RELATION TO TWO SUPREME COURT DECISIONS WHICH ACCORDED CERTAIN PROCEDURAL SAFEGUARDS TO PROBATIONERS AND PAROLEES DURING THE REVOCATION PROCESS. A DETAILED DESCRIPTION OF EACH PHASE OF THE REVOCATION PROCEDURE FOR PROBATIONERS AND PAROLEES, INCLUDING THE PROCEDURAL SAFEGUARDS WHICH APPLY IN EACH CASE IS PROVIDED. THE AUTHOR NOTES THAT WHILE PROBATION REVOCATION IS A JUDICIAL PROCESS, PAROLE REVOCATION PROCEDURES ARE AN ADMINISTRATIVE PROCESS. HE CONTENDS THAT PAROLE REVOCATION SHOULD BE TREATED AS AN ASPECT OF THE JUDICIAL SENTENCING PROCEDURE, SIMILAR TO PROBATION REVOCATION, IN THE INTERESTS OF DUE PROCESS. (AUTHOR ABSTRACT MODIFIED)