Document Fragment View

Matching Fragments

In the article 'Furlough Programs and Conjugal Visiting in Adult Correctional Institutions' by Carson W. Markley in Volume "Federal Probation" it is mentioned that "the term 'furlough' is frequently confused with special leave, which most adult institutions have long been willing to grant under extenuating circumstances, such as family crises. A prisoner on special leave customarily travels under escort, while on furlough he is on his own". 'Furlough' according to Black's Law Dictionary (6th edn.) means "a leave of absence; e.g. a temporary leave of absence to one in the armed service of the country; an employee placed in a temporary status without duties and pay because of lack of work or funds or for other non- disciplinary reasons. Also the document granting leave of absence." According to The Concise Oxford Dictionary (new edition) "Furlough" means : "leave of absence, esp. granted to a member of the services or to a missionary". Parole is defined in these two dictionaries as under : The Concise Oxford Dictionary New Edition "The release of a prisoner temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behaviour; such a promise, a word of honour". Black's Law Dictionary Sixth Edition "Release from Jail, prison or other confinement after actually serving part of sentence; conditional release from imprisonment which entitles parolee to serve remainder of his term outside confines of an institution, if he satisfactorily complies with all terms and conditions provided in parole order. " In Poonam Lata vs. M.L. Wadhawan and others (1987 (3) SCC 347) this Court was considering the nature and scope of parole in a case of preventive detention. It said: -- "There is no denying of the fact that preventive detention is not punishment and the concept of serving out a sentence would not legitimately be within the purview of preventive detention. The grant of parole is essentially an executive function and instances of release of detenus on parole were literally unknown until this Court and some of the High Courts in India in recent years made orders of release on parole on humanitarian considerations. Historically 'parole' is a concept known to military law and denotes release of a prisoner of war on promise to return. Parole has become an integral part of the English and American systems of criminal justice intertwined with the evolution of changing attitudes of the society towards crime and criminals. As a consequence of the introduction of parole into the penal system, all fixed-term sentences of imprisonment of above 18 months are subject to release on licence, that is, parole after a third of the period of sentence has been served. In those countries parole is taken as an act of grace and not as a matter of right and the convict prisoner may be released on condition that he abides by the promise. It is a provisional release from confinement but is deemed to be a part of the imprisonment. Release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. Parole is thus a grant of partial liberty or lessening of restrictions to a convict prisoner, but release on parole does not change the status of the prisoner. Rules are framed providing supervision by parole authorities of the convicts released on parole and in case of failure to perform the promise, the convict released on parole is directed to surrender to custody. (See The Oxford Companion to Law, edited by Walker, 1980 edn., p.931; Black's Law Dictionary, 5th edn., p.1006; Jowitt's Dictionary of English Law, 2nd edn., Vol. 2, p.1320; Kenny's Outlines of Criminal Law, 17th edn., pp.574-76; The English Sentencing System by Sir Rupert Cross at pp.31-34, 87 et. seq.; American Jurisprudence, 2nd edn., Vol. 59, pp.53-61; Corpus Juris Secundum, Vol. 67; Probation and Parole, Legal and Social Dimensions by Louis P. Carney.) It follows from these authorities that parole is the release of a very long term prisoner from a penal or correctional institution after he has served a part of his sentence under the continuous custody of the State and under conditions that permit his incarceration in the event of misbehaviour.