There are several differences between probation and parole and this paper goes into detail to discuss the differences between these two and to give examples of each.
According to Latessa and Smith (2015, p. 42), “probation represents one of the unique developments within the criminal justice system” and goes on to define probation as “a conditional sentence that avoids an offender being incarcerated; in other words, it is an alternative disposition available to the court.” Similarly, Petersilia (1997, p. 149) notes that The American Correctional Association defines parole as “a court-ordered dispositional alternative through which an adjudicated offender is placed under the control, supervision, and care of a probation staff member in lieu of imprisonment, so long as the probation meets certain standards of contact.” Thus, probation refers to a situation in which to adult offenders are put on supervision within the community instead of being imprisoned. It is the result of being convicted in criminal court but while the offender is not confined to an institution, parole does not mean that the person is released from the court’s authority (Latessa and Smith, 2015).
There are several objectives of putting someone on parole, including (Latessa and Smith, 2015):
The re-integration of amendable offenders;
Protecting the society from more anti-social behavior;
Less costly than incarceration; and
Allowing offenders to avoid incarceration.
Probation is not a right but it is instead a privilege that is usually extended by the sentencing judge (Latessa and Smith, 2015). Probation is generally more likely to be offered to non-violent offenders. One example of crimes that are often eligible for probation is property offences, such as larceny, burglary, and motor vehicle theft. Another example of a non-violent crime that can receive probation is drug law violations, such as drug possession and use, cultivation of marijuana, production and methamphetamine, and sale of marijuana, cocaine, or heroin. Those convicted of violent offences may also receive probation, although at a much lower rate than those that commit non-violent offences (Latessa and Smith, 2015). One example of a violent crime that has received parole is domestic violence.
In contrast to probation, parole refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community. Mays, Winfree and Winfree (2014, p. 198) define parole as “a conditional release from prison.” Thus parole is similar to probation in that “both refer to the supervision of an offender who lives and works in the community,” although parole is different from probation since parolees have served time in prison (Petersilia, 2003). Parole can either be mandatory or discretionary. Discretionary parole is when a prisoner is released based on the decision of the parole board, while mandatory parole is when a prisoner is released based on the provisions of a statute. According to Petersilia (2003, p. 59), “mandatory parole is basically a matter of bookkeeping: one calculates the amount of time served plus good time and subtracts it from the prison sentence imposed. When the required number of months has been served, prisoners are automatically released, conditionally, to parole supervision for the rest of the sentence.”
In some US states parole boards have full release powers and can release prisoners on parole for any kind of crime. In other states, parole boards have limited release powers and some crimes may be ineligible for discretionary control, such as murders and capital felonies in Connecticut and murder 1 in New Hampshire (Petersilia, 2003).
References
Latessa, E. and Smith, P. (2015). Corrections in the Community. New York: Routledge.
Mays, G. L., Winfree Jr, L. T., & Winfree, L. T. (2004). Essentials of Corrections. Cengage Learning.
Petersilia, J. (1997). Probation in the United States. Crime and Justice, 149-200.
Petersilia, J. (2003). When Prisoners Come Home: Parole and Prisoner Reentry. Oxford University Press.
