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2 Crime & Delinquency 1 (1956)

handle is hein.journals/cadq2 and id is 1 raw text is: NPPA NATIONAL PROBATION AND PAROLE ASSOCIATION Journal Volume 2 January 1956 Number 1 Basic Concepts of Conditions and Violations EDWARD J. HENDRICK Superintendent, Philadelphia Prisons, Philadelphia, Pa.* D ISCUSSION of conditions of pro- bation imposed by the court, or of parole by the parole authority, and of violations of probation and parole, should begin by drawing a distinction between those conditions and viola- tions having a fundament in law and those founded merely on regulations. We are all familiar with the distinc- tion in our criminal statutes between acts which are wrong merely because they are forbidden and those which are wrong in themselves. In the same fashion some stipulated probation and parole conditions proscribe conduct which is wrong independently of the parole situation-e.g., violation of a state law-while others merely regulate behavior where the ordinary citizen may legitimately have a choice of two opposite modes of conduct, but the * At the time this paper was prepared, Mr. Hendrick was Chief Probation Officer, U. S. District Court, Philadelphia. parolee is limited to one-e.g., ab- stinence from use of intoxicants. More popularly we call violations of such parole regulations technical violations. Preservation of a clear distinction between these two areas is extremely important, though unfortunately it is habitually ignored by the lay public and too frequently forgotten by some parole agents and administrators. As a result unwarranted emphasis is some- times placed on a parole violation. Violation rates are of primary con- cern to conscientious probation and parole authorities. Attention is, of course, constantly directed to this area by the demands of the public, reflected principally in the press, that persons dangerous to the public safety not be lightly released from confine- ment. But over and beyond the desire to avoid public censure, the competent and diligent authority will scrutinize violators as the group most likely to 1 pp. 1-96 reprinted with permission by Kraus Reprint Corporation.

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