What means Parole in Legal Terms

What means Parole in Legal Terms

Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole (“voice”, “spoken word”). Following its use in late-resurrected 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. One proposed reform is that parole bonds be used to incentivize defendants not to re-offend. Parole should not be confused with probation, as parole is serving the remainder of a sentence outside of prison, where probation is given instead of a prison sentence and as such, tends to place more rigid obligations upon the individual serving the term.


In criminal justice systems, parole is the supervised release of a prisoner before the completion of their sentence in prison. This differs from amnestyor 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. A specific type of parole is medical parole or compassionate release which is the release of prisoners on medical or humanitarian grounds. Conditions of parole often include things such as obeying the law, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer. Some justice systems, such as the United States federal system, place defendants on supervised release after serving their entire prison sentence; this is not the same as parole.

Difference between parole and mandatory supervision

Some states in the US have what is known as "mandatory supervision," whereby an inmate is released prior to the completion of their sentence due to legal technicalities which oblige the offender justice system to free them. In some states such as Texas, inmates are compensated with "good time," which is counted towards time served. For example, if an inmate served five years of a ten year prison term, and also had five years of "good time," they will have completed their sentence "on paper," obliging the state to release them. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for it or does not. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released.

Parole in China

In China, prisoners are often granted medical parole or compassionate release, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Occasionally, medical parole is used as a no-publicity way of releasing an accidentally imprisoned convict.

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 Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.

Parole in Italy

Libertà condizionata is covered by Article 176 of the Italian Penal Code. 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 never convicted) or five years (for sentences >7.5 years). 21 inmates were grantedlibertà condizionata in 2006.

Parole in United States

The Early history of Parole in USA

Penologist Zebulon Brockway first introduced parole when he became superintendent of Elmira Reformatory in New York state. In order to manage prison populations and rehabilitate those incarcerated he instituted a two part strategy that consisted of indeterminate sentences and parole releases.

Modern history of the Parole in USA

In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. 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). 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).

Before being granted the privilege of parole, the inmate meets with members of the parole board and is interviewed, The parolee also has a psychological exam. The inmate must first agree to abide by the conditions of parole set by the paroling authority. While in prison, the inmate signs a parole certificate or contract. On this contract are the conditions that the inmate must follow. 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 which is called a curfew, maintaining steady employment, not absconding, refraining from illicit drug use and sometimes, abstaining from alcohol), attend drug or alcohol counseling, have no contact with their victim. The inmate gives an address which is verified by parole officers as valid before inmate is released on to parole supervision. Upon release, the parolee goes to a parole office and is assigned a parole officer. Parole officers go to parolees' houses or apartments to check on them as unannounced visits. During these home visits officers look for signs of drug or alcohol use, no guns or illegal weapons are in the parolees residence, and look for signs of other illegal activities. Should parolees start to use drugs or alcohol, they are told to go to drug or alcohol counseling and NA or AA meeting. Should they not comply with conditions on the parole certificate a warrant is issued for their arrest. Their parole time is stopped when the warrant is issued and starts only after they are arrested. They have a parole violation hearing within a specified time, and then a decision is made by the parole board to revoke their parole or continue the parolee on parole. 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). If found guilty, they may be sent to Federal or Military Prisons and upon release may be supervised by U.S./Federal Probation Officers.

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. 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. 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. 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.

A variant of parole is known as "time off for good behavior", or, colloquially, "good time". 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.

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.

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.S. for emergency or business reasons. In the wake of September 11, 2001, there has been greater scrutiny of applications for advance parole.

A person who goes out of the country on "advanced parole" has to go through the following process: Canada by road: US Immigration officers will require you to submit one parole document to them. They will stamp your passport and another parole document, and issue a new I-94 form.

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. 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.

How Works Parole in Canada

Community Corrections

Most of Canada's federal offenders serve only part of their sentences in prison. Part of their time is served in the community, where they adhere to certain conditions and are supervised by professional staff of the Correctional Service of Canada. The work of gradually releasing offenders, ensuring that they do not present a threat to anyone, and helping them adjust to life beyond prison walls is called community corrections. Such work is essential because experience has shown most criminals are more likely to become law-abiding citizens if they participate in a program of gradual, supervised release.

The Correctional Service of Canada is dedicated to protecting society by controlling offenders and by helping them change the attitudes and behaviours that led them into criminal activity. The first steps toward change are taken in the prison setting. But if the change is to last, it must continue in the community, where almost all offenders eventually return. The transition from confinement to freedom can be difficult; offenders have a better chance of success if they receive supervision, opportunities, training and support within the community.

Conditional release occurs only after a thorough assessment of the safety risks that offenders may pose to society. Offenders who appear unlikely to commit crimes or break certain rules may go on conditional release, as an incentive to make positive changes in their lives. In addition, the law requires the release of offenders who have served two thirds of their sentence, but only if they are not considered dangerous. Both types of offenders must abide by specific conditions, when they are back in the community and carefully supervised by CSC staff. If offenders violate the rules, they may be sent back to prison. Moreover, CSC works to prepare offenders for eventual release, through prison programs that promote law-abiding lifestyles. Such programming continues while offenders are on conditional release.

The authority to grant parole is found in the Corrections and Conditional Release Act (CCRA), and the respective provincial legislation. The authority for temporary absences is found in both federal and provincial correctional legislation and is exercised by correctional authorities in provincial and territorial systems. In the federal system, the responsibility for temporary absences is shared between the National Parole Board (NPB) and the Correctional Service of Canada.

Under the CCRA, the NPB has exclusive jurisdiction and absolute discretion to grant, deny, terminate or revoke parole for inmates in federal, territorial, and many provincial institutions, except for cases under the jurisdiction of provincial parole boards. The National Parole Board may also, when applicable, revoke the statutory release of an offender.

The National Parole Board relies on the CSC to prepare reports and recommendations on the cases that come before the Board. The Correctional Service of Canada supervises offenders on parole or statutory release to ensure that they adhere to the conditions of release set by the National Parole Board.

What is Felony

What is Felony

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between indictable offences and summary offences.

A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

Similar to felonies in some civil law countries (Italy, Spain etc.) are delicts, whereas in others (France, Belgium, Switzerland etc.) crimes (more serious) and delicts (less serious).

What Crimes are considered to be felonies

Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.

Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances. For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only amisdemeanor. Possession of a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be viewed as a serious offense, regardless of whether there is intent to use the weapon."The common law divided participants in a felony into four basic categories: (1) first-degree principals, those who actually committed the crime in question; (2) second-degree principals, aiders and abettors present at the scene of the crime; (3) accessories before the fact, aiders and abettors who helped the principal before the basic criminal event took place; and (4) accessories after the fact, persons who helped the principal after the basic criminal event took place. In the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories.

In some states, felonies are also classified (class A, B, etc.) according to their seriousness and punishment. In New York State, the classes of felonies are E, D, C, B, A-II, and A-I (the most severe). Others class felonies numerically, e.g., capital, life, 1st degree, 2nd degree, 3rd degree, state jail or class 1, 2, etc. (VA). The number of classifications and the corresponding crimes vary by state and are determined by the legislature. Usually, the legislature also determines the maximum punishment allowable for each felony class; this avoids the necessity of defining specific sentences for every possible crime.

A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder. Indeed, at common law when the British and American legal systems divorced in 1776, felonies were crimes for which the punishment was either deathor forfeiture of property. In modern times, felons can receive punishments which range in severity; from probation, to imprisonment, to executionfor premeditated murder or other serious crimes.

The reform of harsh felony laws that had originated in Great Britain was deemed "one of the first fruits of liberty" after the United States became independent.

In many parts of the United States, a convicted felon can face long-term legal consequences persisting after the end of their imprisonment, including:
Disenfranchisement (which the Supreme Court interpreted to be permitted by the Fourteenth Amendment)
Exclusion from obtaining certain licences, such as a visa.
Exclusion from purchase and possession of firearms, ammunition and body armor
Ineligibility for serving on a jury
Deportation (if the criminal is not a citizen)

Additionally, most job applications ask about felony history, and answering dishonestly on them can be grounds for rejecting the application, or termination if the lie is discovered after hire. Many bonding companies will not issue bonds to convicted felons, effectively barring them from certain jobs. Many banks will not lend to convicted felons.

Some states also consider a felony conviction to be grounds for an uncontested divorce.

The status and designation as a "convicted felon" is considered permanent, and is not extinguished upon sentence completion even if parole, probation or early release was given. The status can only be cleared by a successful appeal or executive clemency. However, felons may be able to apply for restoration of some rights after a certain period of time has passed.

Expungement

For state law convictions, expungement is determined by the law of the state. A few states do not allow expungement, regardless of the offense.

Federal law does not have any provisions for persons convicted of federal felonies in a federal United States district court to apply to have their record expunged. While the pending Second Chance Act which may change this, at present the only relief that an individual prosecuted in Federal Court may receive is a Presidential Pardon, which does not expunge the conviction, but rather grants relief from the civil disabilities that stem from it.

Do you Need a No win No fee claims in English Spoken Countries

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No win no fee arrangements in Canada

Canada, ever keen to distance itself from its bigger and more conspicuous neighbour, has a quite conservative approach tono win no fee arrangements. This is evidenced by a recent ruling there which set a limit on the amount of damages a claimant could be awarded in a whiplash compensation claim.

No win No fee arrangements in Great Britain

There has been an improvement in the quality and consistency of no win no fee solicitors operating in the UK market. Since April of 2007 all bona fide no win no fee providers like The Claim Solicitors have been regulated with the Department of Constitutional Affairs.

No win no fee claims in the United States of America

In United States  no win no fee system  is significantly different to that operating in the UK. For a start, a no win no fee personal injury compensation claimin the United States would be heard by a jury as opposed to a judge. This can lead to some markedly different no win no feeoutcomes as it is much easier to convince a jury of a causal link than it is a judge. Also, in the United States a large number of no win no fee claims include compensation claim awards for punitive damages. This means that compensation claim payouts are often bumped up to astronomically high figures.

No win no fee claims in Australia

The Australian no win no fee claims system is very similar to that of the UK as the Australian culture and the Australian legal system have their roots very firmly in UK. However, there is evidence to suggest that civil compensation claims are more prevalent in Australia than they are in the UK.

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What is Personal injury

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamationtorts.

Types of Personal injury

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injuryalso incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

Time limitation of Personal Injury

In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so. Another exception is if the accident caused an injury, as an example industrial deafness, then the three year period will start from when injured party knew or ought to have known that he or her had a claim.
Conditional Fee Agreement

Legal Aid for personal injury cases was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee).

No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However, if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.
Pain, suffering and loss of amenity

Aside from compensation for injuries, the injured person can also get compensated for how the injuries have affected his or her life. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This can be compensated for, over and above the award for the injury itself. This is called loss of amenity, and the award for loss of amenity is part of the claim for pain, suffering and loss of amenity.

In the same manner the injured person can also be compensated if, as a result of the injuries, there has been an inability to doing work which was previously really enjoyed. This is called loss of congenial employment.
Structured settlements in personal injury cases

Often, the use of a structured settlement is desired by the injury victim to help protect him or her financially after an injury settlement.

Structured settlements provide injury victims with tax benefits and enable proper financial planning for future needs of the injury victim as a result of the injury.

If you need a Personal Injury Lawyer you can contact us here and tell us about case, or use our legal service online to talk to one of our Lawyers click here.