Section 6.4: Probation and Parole

Fundamentals of Procedural Law by Adam J. McKee

In criminal justice, both probation and parole play crucial roles. Probation is a sentence given by a judge, often in place of jail time. On the other hand, parole is a conditional release from jail before the completion of a sentence. In this section, we’ll explore how they work and the important legal processes around them.

Granting Probation

When it comes to granting probation, it’s the judge’s decision. If the judge believes that the offender doesn’t pose a significant threat to the community and would benefit from rehabilitation, probation may be the chosen path. This punishment often includes requirements like regular check-ins with a probation officer or community service.

After all, granting probation is about balancing the interests of the offender, society, and the criminal justice system. We’ll dig into this process and its criteria, helping you understand the factors that influence the judge’s decision.

Revoking Probation

Not only does probation carry privileges, but it also comes with responsibilities. If an offender doesn’t meet the conditions of probation, it can be revoked. This means the offender may end up in jail, serving the original sentence.

Revoking probation is a legal process. It usually involves a hearing where the judge decides if the conditions of probation were violated. You’ll learn more about this process in this section.

Rights of Probationers and Parolees

Understanding the rights of probationers and parolees is fundamental. Even though they’re under supervision, they still have rights, albeit limited compared to the general public.

In this section, we’ll explore these rights and restrictions, including search and seizure rules, the right to travel, and the right to privacy.

All in all, probation and parole are integral parts of the criminal justice system. Through this section, we aim to shed light on the processes surrounding them. From granting and revoking probation to the rights of those under supervision, there’s a lot to learn and understand.


In this section, we explored the world of probation and parole, key aspects of the criminal justice system. We began by understanding their differences, with probation being a court-ordered sanction allowing the offender to live in the community under supervision and parole a conditional early release from prison.

We discussed the process of granting probation, where judges evaluate factors like the nature of the crime and the potential benefit of rehabilitation. We also explained the revocation process that follows when probation terms are violated, which can result in serving the original jail sentence.

We delved into the rights and restrictions of probationers and parolees. Though under supervision, these individuals maintain certain rights. However, these rights are often limited when compared to the general population, with specific rules regarding search and seizure, travel, and privacy.

This section gave us an insightful look into the operation of probation and parole. As we move forward, we’ll continue to explore these subjects in more detail, enriching our understanding of procedural law.

Modification History

File Created:  08/06/2018

Last Modified:  07/27/2023

[ Back | Content | Next]

This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

Open Education Resource--Quality Master Source License



Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.