American Legal History

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A British-Australian Provenance

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The origins of parole in New York lie in the British practice of transportation, a form of punishment whereby convicts were removed from the United Kingdom and shipped to colonial settlements, most notably Australia, where they essentially became indentured servants whose labor could be sold or assigned and who could be released from their servitude only upon the expiration of their court-imposed sentences, and whose bad behavior could result in extended sentences.(1) As early as 1770, under what became known as the “ticket of leave” system, the governor of New South Wales, then a penal colony, could grant conditional pardons to convicts; in 1811, the colonial government began requiring prisoners to serve specific periods of time before they could receive such pardons.(2)

Notes

1 : Cavender, p. 6.

2 : Paul F. Cromwell and George G. Killinger, Community-Based Corrections: Probation, Parole, and Intermediate Sanctions. Minneapolis: West Publishing Company, 1994, p. xx.


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The origins of parole in New York lie in the British practice of transportation, a form of punishment whereby convicts were removed from the United Kingdom and shipped to colonial settlements, most notably Australia, where they essentially became indentured servants whose labor could be sold or assigned and who could be released from their servitude only upon the expiration of their court-imposed sentences, and whose bad behavior could result in extended sentences.(3) As early as 1770, under what became known as the “ticket of leave” system, the governor of New South Wales, then a penal colony, could grant conditional pardons to convicts; in 1811, the colonial government began requiring prisoners to serve specific periods of time before they could receive such pardons.(4)

Notes

4 : Paul F. Cromwell and George G. Killinger, Community-Based Corrections: Probation, Parole, and Intermediate Sanctions. Minneapolis: West Publishing Company, 1994, p. 196.


 In 1837, a group disfavoring transportation approached British official Alexander Maconochie, who in 1818 had written about “penal science” in New South Wales, to evaluate the policy. While generally favoring transportation,(5) Maconochie proposed that the rarely used(6) ticket of leave system determine eligibility for release based on work ethic and good conduct, not by any particular time served.(7)

Notes

5 : Cavender, p. 13.

6 : Neil P. Cohen and James J. Gobert, The Law of Probation and Parole. Colorado Springs: Shepard’s Hill, 1983, p. 14.

7 : Robert D. Hanser, Community Corrections. Los Angeles: Sage, 2010, p. 12.


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