Probation versus Parole Many people say that if you do the crime you have to do the time and I'm one of those people to an extent.  Unfortunately that statement does not hold true for the twenty first century.  Our countries prison population is overwhelming the correctional institutions are busting at the seams.  Criminals from the white-collar, blue-collar and street level are creating crimes and the system can't keep up.  The critics say that probation is the way to go.  Opposers say parole is the only way because the offender serves his punishment in a harsh prison environment and then as an option to stop prison overcrowding they are released. Probation could be used as a deterrence from further criminal activities if the offender was young and impressible or a first time offender who would be entering the states prison or federal population. This would be considered a last chance get out of jail and stay out, a scared straight technique.  Probation is an arm of the court to keep people out of the correctional system and places them in community supervision.  This program has been said to be the best hope of the correctional department and the community. Parole is never used as deterrence it is a legal tool for the inmates.  Sixty-two percent of inmates are offered paroled if it is their first time in the penitentiary. (BJS).  Every inmate is guaranteed a chance to appear in front of the parole board.  Paroles include those adults conditionally released to community supervision whether by parole board decision or by mandatory conditional release after serving a prison term.  They are subject to being returned to jail or prison for rule violations or other offenses (BJS). Probation has been considered discriminatory towards the indigent and people of color.  Only the wealthy seem to be released on probation. The studies from the Bureau of Justice show that sixty-four percent of white wealthy males seem to get probation for the exact same crime that minorities commit (BJS).  In my opinion the reason for this lopsided statistic is how the offender is characterized for example, black criminals are seem to have internal problems with relating to authority and seem to overlook ongoing criminal behavior.  White criminals and their actions can be blamed on negative environmental factors, relating to family conflict or hanging out with the wrong type of people. The initial report from the police officer describing the offender is the missing _link_ and is crucial to how the offender is processed within the system. Sources show the Black male population in the prison or penitentiary system is flourishing with seventy-four percent incarcerated on drug related offenses. The number of people in prison has tripled since 1980. The Bureau of Justice states that there are 1.5 million people in prisons and jails nationwide.  An additional 3.6 million people are on probation or parole (BJS).  America incarcerates five times as many people per capita as Canada and seven times as many as most European democracies (BJS). It's obvious from that last statistic that discretion to use probation or any other similar program is not being utilized. As I continue with the arguments of parole or probation let's talk about discretion.  Discretion is a term that the criminal justice community utilizes everyday for every situation. The definition in the Webster dictionary states that discretion is the power to act and decide according to one's own judgment (Webster 147). Every time a crime is committed, the officer on the scene plays a vital role for it is he or she that triggers the legal roller coaster.  The officer has the opportunity to apply discretion.  Arresting everyone for all types of crimes is not the answer considering eighty-seven percent of the offenses are non-violent (BJS). Placing people in the system creates a heavy load and costs the taxpayers more money than they know.  America spends approximately 100 billion dollars a year on the criminal justice system, up from 12 billion in 1972 (BJS).  The full federal tax burden of four average income families is needed for the upkeep of each inmate (BJS). The prosecutor charged with the case should utilize discretion as to charge or drop. This could be another great opportunity to help an offender, or tie up the courts.  _base_d on the character analysis of the offender, the prosecution can offer pleas and agreements, these arrangements can be offered towards the judge who then has the discretion to set bail, release on your own recognizance or allow probation.  Once the defendant is found guilty the correctional institution applies discretion for placement and treatment programs. What is important to think about is how the poor and indigent get lost in this maze.  Discretion should be applied when probation could be an option.  Parole is to late. Probation is used to help ease the flow of prison traffic.  So the community becomes involved with this offender.  This is the term community service and it leaves ordinary people responsible for policing an offender.  The case management is supervised with probation and parole officers. The critics of probation say people are not being held responsible for their actions.  The truth of the matter is you are still convicted but it is normally the first offense and the seriousness of the crime did not warrant a sentence in prison. What probation can do for the new offender is to intervene and place them into behavior modification courses and treatment.  Most crimes are committed because of substance abuse.  The national prison population has been led by a 155.5% increase for drug offenders. Probation can order an offender to seek treatment.  In another words basic needs such as treatment and then job placement can help to curb non-violent crimes The recidivism rate for probation is thirty-three percent significantly lower than parole (FBI).  Most decent people need another chance with help to get their life together.  As a taxpayer you should want more treatment programs for the indigent and quality of life programs to help people succeed in life.  From 1999 to 2000, the probation and parole population increased 1.6%, less than the 3.6% average annual growth rate since 1990 (FBI). Not every offender can get a college degree but being order to complete GED programs and being supervised by your fellow neighbors and with the understanding that this is your last chance, it is an incentive for some offenders to stay out of prison. Probation also works if you are white and your family is wealthy with great legal defense.  The more money the better defense, the better plea, the better deal.  The numbers speak for themselves sixty-four percent white males release on probation, while thirty-four percent of wealthy blacks received probation.  Money and status play an important part in today's legal system.  The term who you know and the type of crime is the key to keeping out of the prison system. Even with downfalls probation is the better choice for most crimes and it's offenders.  The offender usually pays the cost of his or her treatment and is ordered to pay restitution to the victims. The offender is humiliated in front of the community while doing community service in an orange jumper or vest, some sates and cities are posting pictures in newspapers and work areas.  Stockton, Ca uses cable television to post offenders and their crimes. Now I am not advocating giving all offenders probation just stating the facts that in some cases sending people to lockup creates more problems foe us as a society. Usually people entering prison return to society with a degree of violence from the harsh treatment of prison life. Parole why? These inmates have now learned to be professionals in their craft.  Nearly all of the offenders on parole (97%) had been sentenced to incarceration of more than one year (FBI).  Several FBI studies show that recidivism is at it's all time highest within six months of being paroled an inmate is returning usually with a crime more severe than the last.  Sixty-two percent of State parole discharges in 2000 were returned to jail or prison, forty percent successfully completed their term of supervision. The parole board is never evaluated unless a mistake has been made. Usually the governor appoints the parole board members for a term of six years.  Due to the high rate of recidivism fifteen states had abolished parole board authority for releasing all offenders, and another five states had abolished parole board authority for releasing certain violent offenders (BJS). Reintegration in to society why?  Parole these violent offenders into our society without a job?  Parole these violent offenders into our society with a serious drug habit?  Parole these inmates into society with ninth to tenth grade education? These are the factors that parole boards examine and yet they stamp approval and release.  The prisons are overcrowded with inmates with class A, B, C, and D the first two classifications include the heinous crimes, most institutions are operating at one hundred and twenty percent over capacity.   Institutions have to exercise emergency release options and early parole.  The inmates know this and if they did not kill, rape, molest, it is a good chance that after serving the minimum time of their sentence they could get paroled. Good behavior in prison has nothing to do with society, but it makes a difference for the parole board, and yes the inmates know that game that is why they enroll in programs and self- improvement courses. Inmates are con artists and the legal system allows them opportunities to return.  The legal loopholes are in favor of the inmates and creating a financial burden on taxpayers and the communities who eventually are held responsible for this person and his predicted actions.  Once you are sentenced for a violent crime then by law you should serve the entire sentence and yes while doing your
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