Conditions For Parole Essay Example

Parole is granted if legislature highly believes that the time immediately following incarceration is important to the successful reintegration of the prisoner into the society (O'Brien & Project Jove, 2007). Therefore, it is crucial for public safety to control and offer support to the parolee. Nonetheless, parole hardly eases the prisoner’s transformation to unrestricted world. If released on parole, he or she is supervised by department of correction and should meet particular conditions or requirements of the parole. One of the conditions of parole is to restrict the prisoner from contacting or interacting with another individual who is listed as a felon in the same case. This is because when interacting with other individuals who are convicted in the case there is a possibility of committing other crimes. These individuals may influence him or her to engage in other crimes hence leading to more criminal charges. Therefore, if he or she is not interacting or contacting with other convicted felons, one is less probable to engage in any more crimes.
Another reason for restricting him or her to interact or contact with other individuals convicted as felon is to ensure that the process of investigation and evidence is not interfered with by these individuals. Finally, individuals are restricted to interact or contact with other individuals convicted with felon since it is believed that restricting them will enable them to manage their behaviors and be able to overcome the past; thus, they become successful individuals in the society (United States Supreme Court, 1998). Furthermore, the main condition of parole is to restrict a convicted individual interacting or hanging out with another convicted individual since it is believed that together two previously convicted individuals who are near to one another are likely to engage in other criminal activities as compared to those individuals separated from one another.
In case the individual interacts or contacts with his or her family member, the same rule will also apply. They should not interact or contact with each other unless he or she informs the parole agent of his or her wish to interact or contact. As usual, the regular requirement of parole is that one should not interact or hang out with other felons even if they are family members (O'Brien & Project Jove, 2007). He/she should send a letter to parole officer, and a wait for parole agent approval before interacting or hanging out with his family member who is also a convicted felon.
Some evidence that was illegally or improperly obtained can be used to by the court to return a person convicted to jail or prison. This is based on the fact that exclusionary rule in United States Constitution’s Fourth Amendment does not necessarily apply in the revocation of a parolee hearings (United States Supreme Court, 1998). Thus, evidence obtained either improperly or illegally is admissible in a parole reversal proceeding or is admissible in a court proceeding to return an individual convicted with criminal activities, even if these evidence are excluded in criminal cases as improperly or illegally-obtained confession. Consequently, evidence suppressed in the earlier criminal proceedings of a prisoner case can be admissible at subsequent parole reversal hearing of an individual. Additionally, evidence suppressed in the earlier criminal proceeding can be utilized in returning an individual convicted of criminal activities or felon to prison since under exclusionary rule, the rule does not prohibit introduction of improperly or illegally seized evidence against all persons or all proceedings but only relates in some situations where the counteractive objectives are thought to be most efficaciously served (Cole & Smith, 2010). In addition, if evidence suppressed in the earlier criminal proceeding deterrence benefits outweighs its considerable social costs, then this evidence is suitable and therefore it can be used to return an individual earlier convicted to have committed crimes to jail or prison.

References

Cole, G. F., & Smith, C. E. (2010). The American system of criminal justice. Belmont, CA: Wadsworth Cengage Learning.
O'Brien, W. M., & Project Jove. (2007). Post-conviction law handbook: Legal rights of convicted felons under California law: a guide to post conviction law and procedures for prisoners, parolees, probationers and lawyers. (Ed. 2) San Diego: Project Jove.
United States Supreme Court. (1998). Pennsylvania Board of Probation and Parole v. Scott: Certiorari to the Supreme Court of Pennsylvania. United States.