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Critical Study Of Strict Implementation Of Parole In Kenya

3175 words - 13 pages

CRITICAL STUDY OF STRICT IMPLIMENTATION OF PAROLE IN KENYA Research Paper 1 Module II

RESEARCH PROPOSAL
Contents

INRODUCTION
History of Parole

The source of parole is linked to the work of numerous people who headed penitentiaries; they include Brockway Zebulon in the entire year 1867, Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854, Brockway Zebulon run the Elmira penitentiary in the New York while Alexander Maconochie was the governor of the Norfolk Island prison, Walter Crofton was the governor of the Irish prison. All of the preceding led to the introduction of parole system in the penitentiary system.
Brockway was born in 1827 and retired in the year 1920, he served as a prison warden in the united states where in later years he brought significant reforms into penitentiaries, he was later on regarded as the dad of penitentiaries after he introduced significant reforms in the prison associations, he run the Elmira penitentiary in the New York from the year 1876 to the year 1900, yet in the year 1912 he authored a publication entitled fifty years of prison service.
As Daniel Weiss states, the origin of parole however can also be attributed to the work of and Walter Crofton and Alexander Maconochie, Maconochie was the director of the Norfolk Island which is located off the coast of Australia, the conditions in that prison were so pathetic and the life imprisoned offenders are the ones who suffered more, a prison structure was introduced by Maconochie whereby offenders arrived in jail, then they are put under strict imprisonment, then through restrictive release and finally freedom, the advancement of the offender from one level to the other was dependent upon how well he behaved.
The definition of "parole" was first used in America by a Boston doctor, Dr. S. G. Howe, who used the term in correspondence with the New York Prison Association.
The Concept Of Parole
Parole is whereby a prisoner is granted an early release from prison as a result of exhibiting good behavior for a certain period of time. This is derived from the French phrase parole d’honneur, whose translation in English is “word of honor.” The main purpose of parole is that it is an alternative method of sentencing and rehabilitating an offender which is only awarded to the well behaved prisoners, the offenders should also have a higher probability of successfully reentering the community.
Our prisons act cap 90 of Kenya clearly talks about parole but this is just a matter of ink on paper why? Parole is not being implemented in Kenya and it is provided for in the prisons act.
Section 49. (1) of the Prisons Act states that Within three months of the date upon which a prisoner serving a sentence of or exceeding four years is due for release, the Commissioner may allow such prisoner to be absent from prison on parole for such length of time and upon such conditions as the...

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