Debate surrounds the use of indeterminate sentencing and discretionary parole release
Sample Solution
Discretionary Parole Release: Weighing the Pros and Cons
Discretionary parole release, where a board determines an inmate's eligibility for early release based on various factors, has its merits and drawbacks. Here's a breakdown based on assigned readings and external research:
Pros:
- Rehabilitation Focus: Parole allows for release based on an inmate's demonstrated rehabilitation and reduced risk of re-offending. This incentivizes good behavior and participation in prison programs. (Clear, T., & Latessa, E. J.
Full Answer Section
- (2014). The handbook of correctional rehabilitation (3rd ed.). Willan Publishing.)
- Reduced Prison Population: Discretionary parole can alleviate prison overcrowding, potentially allowing for improved conditions and resource allocation for remaining inmates. (The Sentencing Project, https://www.sentencingproject.org/about/)
Cons:
- Lack of Consistency: Discretionary decisions can be subjective and vary depending on the parole board composition and inmate characteristics, leading to inconsistencies in release decisions. (Dilulio, J. J. (2007). Governing prisons: A comparative perspective. Oxford University Press.)
- Early Release Risk: Releasing inmates who haven't fully rehabilitated or pose a higher risk can endanger public safety. (Petersilia, J. (2003). When prisoners come home: Parole and prisoner reentry. Oxford University Press.)
An Informed Argument for Discretionary Parole:
Discretionary parole release can be a valuable tool in the corrections system, but with limitations and safeguards to address the drawbacks. Here's how it can be used effectively:
- Structured Guidelines: Establish clear and objective criteria for parole eligibility, considering factors like offense severity, risk assessment scores, and program completion.
- Data-Driven Decisions: Parole boards should utilize risk assessment instruments and recidivism data to inform their decisions, promoting a more data-driven approach.
- Rehabilitation Focus: Maintain an emphasis on rehabilitation programs within prisons, linking participation and progress to increased parole eligibility.
- Transparency and Review: Ensure transparency in parole board decision-making and establish strong review processes for potential inconsistencies.
By implementing these safeguards, discretionary parole release can provide an incentive for rehabilitation while prioritizing public safety by utilizing data-driven decision-making. However, it's crucial to continuously monitor the effectiveness of the system and make adjustments as needed.
Additionally:
Consider exploring the growing trend of determinate sentencing with "earned time" provisions. This approach offers some of the benefits of parole while potentially reducing concerns about subjectivity in decision-making.