Legalese – Parole is not probation, probation is not parole
Thursday, April 22nd, 2010After a hiatus from the blogosphere that I assure you, dear readers, was only temporary, I’d like to introduce a new weekly installment here at copsandcourts.com. It’s called Legalese.
That’s right, Legalese, as in that impossible-to-understand brand of jargon-y gobbledygook that lawyers use to obfuscate the clear and simple truth from us laypersons.
Actually, legalese is born of the kind of technical writing required of lawyers, judges and legislators to express legal analysis, precendent, rights, and duties. But used correctly, a lawyer’s language should still be clear and concise, so as to be understood by a lay client, and in oral arguments before a judge or jury it can often be downright artful.
But even when uttered by the most golden throated orators, legal argot can be difficult to interpret. And, I hesitate to admit it, but even the clearest and sharpest writing, such as that employed by this author, can get bogged down in phrases like “fiduciary duties,” “corporate directors,” and of course, the dreaded “fled on foot.”
So, in order to affect change, er, write more clearly so we’re all on the same (web) page here at copsandcourts.com, I offer the debut of Legalese!
Here it is: What is the difference between “Probation” and “Parole.”
According to Craig Thomas, executive director of the Montana Board of Pardons and Parole:
Parole is a flexible system of punishment and checks and balances administered by the Board of Pardons and Parole. Citizen Board members carefully review an offender who is nearing the end of the first phase of incarceration set by a District Court Judge. The Board extends time in prison for offenders who present a risk, demands all prisoners demonstrate they are no longer a danger, sets specific conditions that must be met before serious release is considered, sets requirements for supervision if parole is granted, and returns offenders to custody who violate parole conditions. The Department of Correcions (Probation and Parole Officers) supervises offenders released on parole.
Probation (deferred or suspended sentences) is a system of community supervision administered by the Court Judges. Probation supervision is generally imposed by the Court as an alternative to prison/jail or imposed to follow a period of incarceration. In the second circumstance, release from incarceration to probation is automatic once the prison portion of the sentence has been completed (discharged). Only the Court can revoke a period of probation. The Department of Corrections (Probation and Parole Officers) supervises offenders granted Probation.
I welcome suggestions for future installments of Legalese. Tell me what’s on your mind, and I’ll do my best to answer your persistent (I hope) questions. Bail versus Bond? Just ask Legalese. Voir Dire? It’s latin for something! Let’s figure it out together at Legalese.
Until next time.
Look up parole service’s under probation parole and clemency, states all the things the parole officer can do but won’t, thing’s that can keep offenders out and not be a burden, on the state or it’s taxpayer’s. Where does this money go if it is not spent for this law, and if a officer violates an offender, did said officer inform the offender of these such certain law’s. 10 out of 10 times the officer doesn’t inform the parolie of these services.
I was wondering what the difference between un conditional probation and probation is. In the coroner’s inquest for Heather Wasson she was alledgedly arrested for having alchohol on her breath but was on un-conditional probation. She was placed on a 72 hour hold which some said was for her mental state, she was suicidal.