Probation and Parole Research Paper Example | Topics and Well Written Essays - 750 words - 1

Probation and Parole - Research Paper Example Community corrections programs offer front and back end alternatives for correctional systems. In reference to front end, alternatives probation has offered a means of limiting further crowding in prisons and jails. On the other hand, parole systems have consistently acted as back end measures that offer release valves on prison populations. The issue of rehabilitative measures for criminal offenders has often elicited much debate in countries such as the United States. To this end, there are several rehabilitation programs that have shown positive results. These, include, Moral Reconation Therapy, probation and parole. Moral Reconation Therapy Moral Reconation Therapy entails a continuous treatment plan that aims at decreasing recidivism among adult and juvenile offenders while at the same time adjusting moral reasoning. To this end, the approach is majorly a cognitive behavior mechanism that combines parameters from various psychological paradigms. These subsequently address positi ve behavior, social, ego and moral growth. Implementation of MRT involves individual and group counseling by use of prescribed homework assignments and structured group exercises. Moreover, there is a workbook that is based on 16 objective units that emphasize on seven basic treatment parameters. These are attitudes, reinforcement of positive habits and behavior; confrontation of beliefs; assessment of current relationships; enhancement of self concept; positive identity formation; development of frustration tolerance and decrease in hedonism; as well as development of higher moral reasoning stages. Probation The application of probation and parole in rehabilitating offenders is guided partly by the philosophies of positivism and classicalism (Carter & Wilkins, 1976). On one hand, positivists imply that offenders are compelled into the choice of committing crime against their own volition and consequently the behavior or conditions that triggered the action need to be rectified. Con versely, classicalists contend that offenders are in control over the choice of their actions and consequently to deter future criminal activities, such offenders need to be punished. To this end, probation is defined as a sanction imposed by court whereby a convicted offender is released back into the community subject to a conditional suspended sentence. Moreover, the probationer is in most situations a non-violent or first time offender who stands the best chance of rehabilitation within the outside community. The suitability and effectiveness of probation is driven by its flexibility in allowing judicial authorities a high extent of discretion when imposing sentences. Consequently, it allows the tailoring of sentences to suit different offenders. Furthermore, its effectiveness is driven by the availability of a supervision that checks on the progress of rehabilitation. The supervision role is provided by probation officers who offer support and guidance to the offender aimed at making him or her law abiding citizen. To this end, probation offers a second chance of reformation to the offender. Evidently, there are several version of probation designed for different types of offenders. This is driven by the need to jails and prisons. These include intensive supervised probation which entails close monitoring of convicts and applies stringent conditions on the release clause. Others include split sentencing

Discuss the factors that can invalidate a contract Essay

Discuss the factors that can invalidate a contract - Essay Example The requirement for proof of contact elements becomes essential in litigating instances when a party breaches the contract. The legal process following contract breach ultimately results in remedy for damages incurred upon the wronged party. The action of contract breach ultimately results in invalidation of contractual elements. Numerous factors contribute towards the invalidation of contracts agreed upon by different parties, voluntarily (Koffman and MacDonald, 75-9). Factors contributing to invalidation of contracts There are different legal ways through which contracts could be set aside. These include a contract being declared void, and it never coming into existence. A contract could also become voidable when one party declares the contract as ineffective form their own individual determination. The contract could also become unenforceable or ineffective. Unenforceability refers to situations where neither party could get remedy form courts upon breach, and ineffectiveness refe rs to court decision terminating contracts between different parties. These elements could be contributed by the factors discussed below. Misrepresentation This refers to situations where some parties make false statements and presents false information which makes other parties agree into the contract terms. Misrepresentation results in remedies of rescission or damages depending on the occurrence of misrepresentation. Misrepresentation can occur through words or conduct of one party implying falsehood, though not all elements of speech and conduct constitute misrepresentation within the setting of contract law (Gordon v Selico, 5). Misrepresentation can take place under three different conditions which include: Stating a fact falsely Directing the false statement to a party of the contract The statement inducing suing party into agreeing contract terms following the statement. Misrepresentation, therefore, occurs when a party appears to falsely induce another party into a contract by providing false or partial information, resulting in another party agreeing into the contract. The wronged party, therefore, lacks sufficient information and agrees without proof of the involved facts. Opinions held by parties, however, do not constitute misrepresentation as these remain opinions and not factual information regarding contract terms. There are different types of misrepresentation based on their occurrence; Fraudulent misrepresentation: This misrepresentation could be characterised by parties making representation intended to deceive others, and knowing the representation being as false. Fraudulent misrepresentation could constitute litigation under tort law within different legal frameworks. Negligent misrepresentation at common law: This misrepresentation occurs when parties make representations without reasonable information regarding the truth of information. This misrepresentation seeks to provide a remedy for situations where collateral contract or fraud can not be proved. This commonly occurs where individual claim to possess special skills for performing various tasks, but fail to delivery as implied. Negligent misrepresentation under statute law: This commonly refers to misrepresentation stated under various legal statutes and litigation occurs according to the statute provisions. The parties involved must prove the presence of falsehood within the statement provident by the representing