Probation and Parole
Proposal
Similarities and Differences of parole and probation in the United States and Saudi Arabia
Osamah Oudah
Research Methods
Michael Montgomery, PhD
11/27/2017
ABSTRACT
The United States of America and the Kingdom of Saudi Arabia are completely different from one another in terms of the culture, ethnic diversity and the overall development of cultural and social values. Saudi Arabian criminal justice procedures that are taken again the issue of corruption within the public sectors are different when compared with the United States of America. Saudi Arabia takes onto account the political will to fight corruption based on Islamic law. This study examines the research about parole and probation system found in Saudi Arabia and the United States in order to find similarities and differences within the two systems of completely different countries. The research design includes both qualitative and quantitative method approach. This is based on merged mixed methods. The hypothesis is about the fact that there are more differences in parole and probation of two countries as compared to similarities. The study includes 20 participants; 10 from each country in order to take part in the research survey design.
CHAPTER I
INTRODUCTION
Statement of Problem
The United States of America and the Kingdom of Saudi Arabia are completely different from one another in terms of the culture, ethnic diversity and the overall development of cultural and social values. The Saudi judicial system seems to be different as compared to other western countries. Saudi judicial system is unlike Western countries’ judicial system. There are different kinds of law punishments like stoning, amputation, beheading and lashing etc. in Saudi Arabia (Consular Section, 2015). There is also no jury trails found in the Saudi Arabia judicial system. On the other hand, in Texas, defendants who are convicted of capital murder are then eligible for the death penalty. In Saudi Arabia, the death penalty procedures are governed with the Islamic law basis (Hoover, 2012). There is a need to learn about the differences and similarities between these two countries which are currently not considered by previous judicial and legal studies.
Definitions
1. Probation: In criminal law, it is the period of supervision over any offender which is ordered by the court.
2. Parole: Release of a prisoner on temporary basis before the sentence reaches expiry on the respective promise of good behavior.
3. Criminal System: It is a system which includes many practices and other institutions of governments that are directed at the upholding of social control for deterring and mitigation of crime.
4. Saudi Arabia: It is a sovereign Arab state found in the Western Asia.
5. United States: It is a federal republic which includes 50 states.
6. Sharia Law: It is a religious law based on Islamic principles and is part of the Islamic traditions.
Topic Significance
It is an important topic to study in the field of judiciary and legal criminal system because currently there is no study carried on to learn about the differences and similarities found in two completely opposite countries; Saudi Arabia and U.S in terms of parole and probation ideas. In the United States, there is no incorporation of religion within the judicial system but Saudi Arabia is majorly based on the religious working within the judicial system. Within the United States, the religious laws do not have the legal binding effect on the U.S citizens because of the fact that the religious laws cannot be adopted completely by the federal state or the local government under the First Amendment.
CHAPTER II
LITERATURE REVIEW
Hypothesis:
There are more differences in parole and probation of two countries Saudi Arabia and the United States of America as compared to similarities.
Null Hypothesis:
There are more no similarities or differences in parole and probation of two countries Saudi Arabia and the United States of America.
Research
The research shows that “The goal of the penal style is retribution and the solution of the problematic situation is through punishment. The compensatory style of social control characterizes the harm as material, considers the offender liable and aims at a settlement that will be achieved through payment.” (Tkachuk, 2002) This however gives a clearer idea about what judicial system of the United States work and how it has been based on the overall working which is secular in system and how this has caused the major transition in the overall judicial working of the United States. This is also reported that:
· “A total of 18 States reported a decrease in their adult parole population during 2002. Washington State’s decrease of 39% for the year ending December 31, was followed by three other States with a decrease of 10% or more: South Carolina (down 14%), Florida (down 13%), and Vermont (down 11%)…” (Glaze, 2003)
This gives a clearer idea of the information that the overall parole and probation has decreased in some of the states while others have observed to have the given increase with respect to the overall working within the various states of the United States.
Saudi Arabian criminal justice procedures that are taken again the issue of corruption within the public sectors are different when compared with the United States of America. Saudi Arabia takes onto account the political will to fight corruption based on Islamic law. The Shia citizens then make use of their personal legal traditions to make the decisions. The facts reveal that:
· There has been increase by 150,700 in the incarceration in the year 2002.
· 1 in every 32 adults is being incarcerated at the year end of 2002.
· There has also been increase in the New Mexico by 13% (Glaze, 2003).
· The trends of parole and probation in the U.S are increasing based on the current trends found in the U.S (Burrell, 2010).
The environment factors have also influenced the working of parole and probation in the U.S. The Restorative Justice is also defined in the adversarial system of justice within the Western countries. The research also shows that “The Annual Probation and Parole Surveys provide a count of the total number of persons supervised in the community on January 1 and December 31, 2002, and a count of the number entering and leaving supervision during the year.” (Glaze, 2003)
On the other hand, the individuals however also can also be associated with any of the particular religious community on the voluntarily basis by making themselves associated with the community. The First Amendment’s protection for the given religious exercise are also not however limited to the major traditional notions of worship but also can be extended to other behaviors which are motivated by the religious beliefs. This also does not mean that there is no incorporation of religious laws within the U.S courts.
There are several areas within the U.S judicial laws which concern the given considerations of Sharia or other religious laws within the U.S court. There are also applications of the religious principles as being part of the provided U.S legal law which are also found to be inconsistent with the First Amendment as there are certain of the legal scenarios which may invoke the valid consideration of various religious principles. The Kingdom of Saudi Arabia on the other hand, has complete incorporation for the regulations and laws based on the Islamic law which is Sharia that also forbids on anything which could lead to the issue of corruption and can also result in the destruction of the society or the individual. The political will of the leadership is found in Saudi Arabia in order to find corruption in Saudi Arabia and also present on the anti-corruption measures.
The given 2007, the Law of Judiciary provides the given idea that judges are independent and is also subjected to no kind of authority other than the provisions of Sharia and other laws in force. The judiciary was also not found to be independent as it allows the requirement to have the cooperation with the other legislative and the executive authorities with the kind as arbiter. The Sharia system is also complete interpreted in the country on the basis of the penal system. The Council of Senior Religious Scholars are known as the given autonomous advisor body which gives the authority to determine that how the judges should have the complete interpretation of Sharia. For this purpose, in the year 2008, the government also has made the establishment of Specialized Criminal Court within the provided existing court system to handle major issues of terrorism.
Within the Saudi Arabia, it is also being observed that the Basic Law of Governance is also issued for the time of march 1st, 1992 which is seen to be the first written legal document that has accounted for the constitution in the legal case and it includes the 9 chapters on the basis of which the legal laws of Saudi Arabia work. The very first chapter also clearly defines the idea that the Saudi Arabia is the most important Islamic and Arab state which confirms that the Sunnah and Holy Quran should be the basis for all the constitutional working within the state. The second section gives clear understanding that Monarchy is the given system of rule within the Kingdom of Saudi Arabia that derives all of the given working only on the basis of Quran and Sunnah. There is also clear identification of the idea that all the laws of the State must be working on the basis of the laws present in the State.
On the other hand, the concept of parole and probation is seen to be importantly implemented within the entire United States. The total Federal, local and State laws have revealed that the incarceration rate has improved in the entire United States as:
· It grew overall to a new number of 6.7 million which makes around 3.1% of the United States adult population:
· 1 in every 32 adults are seen to be incarcerated on the probation and parole at the year 2002.
· On the other hand, there are also a total of 3,995,165 adults’ men and also women who were on the probation at the time of year 2002 which required the growth of 1.6% during the year.
· The paroles of the adults have also increased by 2.8% which also gave an increase in the total number by 753,141 by the time of 31st December, 2002.
· Since the time of 1995, the parole population has also been the seen to be completely slowest growing correctional population which has also increased by the amount of 1.5% on the annual basis when compared to the jails.
By the time of the year 2002, the number adult men and women also observed to have the supervised within the community to reach on the high record of 4,748,306 up from the amount3, 757,282 on the 31st of December, 1995. There were also more than 1 million of the persons who were being made on the parole. There was also closer monitoring of the partitioning information into the given United States of America. The probation and parole are also seen to be integral into the juvenile and criminal justice within the states of United States. This however has helped to provide the major variety of services that are critical in the efficient and effective operation of almost every aspect of the justice system which ranging from the law enforcement to the major sentencing to the release of the offenders from the confinement into the community.
The United States of America has also provided the major information that how there is a substantial increase in the number of probationers and other parolees within the Texas and in California. The Texas also has led the Nation with the provision of 537,561 persons. Washington on the other hand also has led to Nation with the given largest percentage of its adult population under the given community supervision which included the rate of 3.8% in the year 2002 which is further followed by Delaware and Texas which includes each to have 3.4%. The community of California also has provided the supervision rate of 1.8% which is only half of the Texas. There are also 10 of the States which have reported to have less than 1% of the overall population of adults found on the probation and parole. The West Virginia also has reported to have the lowest form of the supervision in the entire community which makes around 450 offenders per of the given 100,000 adults.
To fight with the needed corruption in the Saudi Arabia, the government also words with the participation in the measures and activities against the corruption. The arrest authority also works to have the overall provision of the given research, investigation and arrest. However, the Saudi Arabia is also reported to be given information on the basis of which the Islamic doctrine to work with the adverbial agency. On the other hand, it has also been observed that there are 10 states which have reported to be lower in the rate of probation. There are also 2 of the states which have reported to have the overall increase in 10% of more in the overall probation population.
During the time of 2002, there were around 63,434 probationers who were added in the overall practitioners and also grew to the amount of over 63,434 which makes around an increase of 1.6%. There were also more than half of the overall increase being observed in the number of probationers in the year 2001 which were 105,522 and also second smallest increase since the time of 1995. There are also other environmental trends found in the probation and parole which include workload, resources, organization structure and legislative and other support. There is also given information about how in the time of 1999, the annual number of probation however was fluctuating but then it increased in the time of 2000 and then dropped again in 2001.
The women also have represented to have the slight larger percentage of the probation population in the time of 2002 within the United States as compared to the year 1995. The women were also seen to be making around 23% of the overall probation of the United States in the year 2002 which makes a percentage of 906,600 which was up with the percentage of 21% in the year 1995. By the time of 2002, the overall half of the given probationers were white in the population which made 2,212,700 while third were however black which made 1,228,300 and eight were seen to be Hispanic origin which made 485,600 and the population which comprised about 2% of the practitioners making 68,700. The probationers of the population are the criminal offenders who have been sentenced to the period of conditional supervision within the given community as by the time of year 2002, 50% have also been convicted of a felony offense.
On the other hand, the Saudi Legal system has seen to be completely working on the overall religious working. On the religious basis, the system is based on the holy book Quran. The research also shows that the Quran and Sunnah have been the source of guidance to carry out the given working based on the Islamic laws. Quran is taken as the primary source of information while Sunnah is taken as the second source of information to carry out the given laws on the basis of Quran and Sunnah. Muslims also have made the overall sources on the basis of what Quran has said and also Ijmah is seen to be the third source of working within Islamic working.
CHAPTER THREE
METHODOLOGY
Participants
Saudi Arabia and United States prisoners have been selected for the research study which will be of age older than 18 years because this study does not includes juvenile criminals. The participants also need to be the subjected to either one of the laws; parole or probation. The participants will also be given full form of confidentiality that there will be no risk involved in the research study and their personal information will be held confidential before and after the study. To respect the level of participants’ confidentiality, IDs will be allocated to the participants so that their names are not disclosed within the study. The participation from the participants will also be completely based on voluntary basis. No participant will be forced to take part in the study without their own consent. The results will also be kept completely confidential and will not be disclosed to the third party. There will be total of 20 participants; 10 from each country.
Sampling
The sampling of participants is carried out on random basis. The study is only based on the male criminals so all the prisoners need to be only male gender. The sample size will include total of 20 participants. All of these participants will be male and will be from both the countries; 10 from Saudi Arabia and 10 from U.S. The instrumentations for the research have been used from the respective previous research. The determination of reliability and scale also needs to be done as this research is based on the pilot study where the sample includes 20 participants. All of these participants are prisoners above age 18 years. The same researcher will also investigate the consistency of items by the respective computation of correlation that is formed between each of the item and also the total score of the scale will be calculated. The validity of the scale includes the computation of correlation between each item and the respective total score of the scale.
Instrumentation
The participants will be asked to fill out the written survey which will contain questions about the parole and probation methods they have undergone. The individuals will also be asked about their demographic information which includes information about educational level, age, and marital status and also the crime which they have committed. Before the actual questionnaire, they will also be asked about the time of sentencing and the duration of prison they are subjected to. The survey includes two of the major areas which include parole and probation laws in the two countries.
Procedure
The permission has also been obtained from the respective jail from which the prisoners will be selected for study. The researcher will also explain the subjects to the participants and also the respective purpose of the research and what they would be doing. The participants will be asked to answer 10-question survey about the respective idea of parole and probation. There have been basic descriptive statistics which were applied to the demographic information of the participants, dependent and independent variables. All of the research questions will be investigated through the use of series of repeated measures and the analysis of variance each with the use of independent variables which include use of parole and probation. With the use of the post hoc tests, the repeated measures will then be used in the ANOVAs that can help in the assessment of differences and similarities between groups, the changes which have taken place in the parole and probation laws over the period of time, the interactions which take place between different groups and also the repeated measures.
Variables
The independent variables which include parole and probation laws and dependent variable include similarities and differences in two countries.
CHAPTER FOUR
CONCLUSION
In conclusion, no doubt, the working of legal system within the United States and Saudi Arabia have been completely different with respect to the legal laws, overall working of the legislation has been based on what Islam has based the given teachings while United States is more based on the secular system of teachings within the legal system which does not include much of the intrusion of the overall judicial which only includes the legal system.
REFERENCES
Consular Section, B. E. (2015). Information Pack for British Prisoners in Saudi Arabia. Retrieved March 7, 2016, from https://www.gov.uk/government/publications/saudi-arabia-prisoner-pack
Hoover, N. B. (2012). SENTENCED TO DEATH: Capital Punishment in Saudi Arabia and the United States. Retrieved March 7, 2016, from http://lsi.typepad.com/files/hoover-on-dp-in-saudi-arabia.pdf
S., A. A. (2010). An Overview of the Saudi Arabian Criminal Justice Procedures against Corruption in the Public Sector. Retrieved March 7, 2016, from http://www.unafei.or.jp/english/pdf/PDF_rms/no77/15_p123-130.pdf
Nolan, James L., Jr. (2001) Reinventing Justice: The American Drug Court Movement. Princeton, NJ: Princeton University Press.
Al-Hamoudi, A. K. (2014). Criminal Defense in Saudi Arabia: An Empirical Study of the Practice of Criminal Defense in Saudi Arabia. Retrieved March 7, 2016, from https://digital.lib.washington.edu/researchworks/bitstream/handle/1773/27511/AlHamoudi_washington_0250E_13862.pdf?sequence=1
Glaze, L. E. (2003, August). Probation and Parole in the United States, 2002. Retrieved March 7, 2016, from https://www.policyalmanac.org/crime/archive/probation&parole2002.pdf
Burrell, W. D. (2010). Trends in Probation and Parole in the States. Retrieved March 7, 2016, from http://appaweb.csg.org/eweb/docs/appa/pubs/TPP.pdf
Petersilia, J. (1998). Probation in the United States. Retrieved March 7, 2016, from https://www.appa-net.org/PPP-Supervision-Week/files/Per-sp98pers30.pdf
Brougher, C. (2011). Application of Religious Law in U.S. Courts: Selected Legal Issues. Retrieved March 7, 2016, from https://fas.org/sgp/crs/misc/R41824.pdf
Tkachuk, B. (2002, April 11). United Nations Programme Network Institutes Technical Assistance Workshop. Retrieved March 7, 2016, from http://www.heuni.fi/material/attachments/heuni/papers/6KsWeYq8N/Paper_17.pdf
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