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Probation And Parole Legal Flaws: A Comparative Study In U.S And India





Medishetty Manaswini, University of Petroleum and Energy Studies


ABSTRACT


The theories of punishment are followed in many countries. The reformation of offenders through probation and parole has started first in US then in India. Probation and parole are best methods to treat the offenders and to reform them and to live in the community. The research paper ponders on the issues and mentions the existing laws that are made for probation and parole in the countries US and India.


The paper puts light on why probation and parole is not successful and what are the legal flaws. The object of the paper is to highlight the developments and amendments happening in probation and parole in both the countries. There have been some judgments that has changed the course of this issue and enlarged the meaning of many laws and rights provided in the Indian statutes and Constitution.

The author uses the doctrinal method of research for this paper wherein she considers the existing statutory provisions and books. The author has taken the help of bare acts, books, newspaper-articles, comments of various jurists, online legal databases and several other internet websites. The authors work is entirely based on analysis and research and the conclusions made therein.


The author tries to highlight the role of Indian judiciary and their flaws in the research paper. The paper also talks about the US laws and mechanisms which are the need of the hour to tackle this situation and the need of proper regulation in the country.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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