As already stated, parole is a penal device which seeks to humanise prison justice. It enables the prisoner to return to the outside world on certain conditions. The main objectives of parole technique as stated in the Model Prison Manual are:—
(1) To enable the inmate to maintain continuity with his family life and deal with family matters;
(2) To save the inmate from the evil effects of continuous prison life;
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(3) To enable the inmate to retain self-confidence and active interest in life.
The Jail Reforms Committee (1983) recommended that besides the system of parole, there should also be the system of release of prisoners on furlough under which well behaved prisoners of certain categories should, as a matter of right, have a spell of freedom occasionally after they undergo a specified period of imprisonment, so that they may maintain contact with their near relatives and friends and may not feel uprooted from society. The furlough period should count towards the prisoner’s sentence.
It must be stated that the system of parole aims at meeting the ends of justice in two ways. Firstly, it serves as an effective punishment by itself inasmuch as the parolee is deterred from repeating crime due to threat of his return to prison or a similar institution if he violates parole conditions; and secondly, it serves as an efficient measure of safety and treatment reaction to crime by affording a series of opportunities to the parolee to prepare himself for an upright life in society.
It is generally argued that the efficiency of parole administration is seriously jeopardised due to undue political and executive pressures being brought on the Parole Boards. In result, many undeserving prisoners procure their release on parole and thus the object of the system is completely defeated. It is to be noted that these undesirable influences find their way through the parole administration only because of the quasi-judicial nature of the Parole Board.
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A definite judicial policy is therefore, much needed in matters of parole. But again, if the functions of parole are entrusted to the judicial machinery, it might create new problems because the courts are likely to take shifting stands on the question of fitness of the inmates for release on parole due to lack of proper psychological insight into human behaviour.
Moreover, parole being a treatment reaction to crime; it will be grossly unjust to confine the system strictly within the frame of legal limits. This will eliminate the chances of reasoned discretion which shall be derogatory to the interests of justice. Therefore, as a workable alternative, it would be expedient that the executive functions performed by the Parole Board should be subject to judicial review.
This, in other words, would mean that the Parole Board should assess the suitability of prisoners for release on parole and provide guidance to the judges in taking final decision in the matter. This would certainly help in making parole a real success in reducing the strain on the prisons and at the same time provide adequate after-care for the released prisoners. The primary goal should be to make the entire system more equitable. This can be achieved by enhancing the rule of law within the judicial and prosecutorial rank.
It must be reiterated that a great majority of persons sentenced to imprisonment want to return to society as law-abiding citizens and only a few are anti-social and have no intention of changing their lawless attitude after their discharge from prison. Therefore prisons do not serve the purpose of training and rehabilitation of all categories of offenders, particularly those who are long-termers or hardened criminals.
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Further, it is also realised that mere treatment in prison or a similar institution does not help in the ultimate rehabilitation of offenders. The stigma which the society attaches to the released inmates, makes it difficult for them to return to community in spite of their sincere desire to live honestly. An ex-convict finds himself handicapped and stigmatised.
Undoubtedly, release of prison inmate on parole may help him in solving his socio-psychological problems and make his social rehabilitation possible without much difficulty. It may, therefore, be concluded that parole as a part of the after-care programme, serves a very useful purpose for the resocialisation of convicted prisoners, making them lesser risks for the society.
It is not only more favourable to the social readjustment of the prisoners but at the same time, is also more conducive to their mental and physical health, since it affords them an opportunity to live a free and normal life. Paroling of prisoners also relieves the State of its burden of expenditure on prisons to a considerable extent.