text:
Origination Clause
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
This article is part of a series on the
Constitution of the
United States of America
Preamble and Articles
of the Constitution
Preamble
I
II
III
IV
V
VI
VII
Amendments to the Constitution
Bill of Rights
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
Unratified Amendments
Congressional Apportionment
Titles of Nobility
Corwin
Child Labor
Equal Rights
D.C. Voting Rights
History
Drafting and ratification timeline
Convention
Signing
Federalism
Republicanism
Full text of the Constitution and Amendments
Preamble and Articles I–VII
Amendments I–X
Amendments XI–XXVII
Unratified Amendments
United States portal
U.S. Government portal
Law portal
Wikipedia book
v
t
e
The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the United States Constitution. This clause says that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills.
The Origination Clause stemmed from a British parliamentary practice that all money bills must have their first reading (and any other initial readings) in the House of Commons before being sent to the House of Lords. This practice was intended to ensure that the power of the purse is possessed by the legislative body most responsive to the people, although the British practice was modified in America by allowing the Senate to amend these bills.
This clause was part of the Great Compromise between small and large states. The large states were unhappy with the lopsided power of small states in the Senate, and so the Origination Clause theoretically offsets the unrepresentative nature of the Senate, compensating the large states for allowing equal voting rights to Senators from small states.
Contents
1 Text
2 Background leading up to adoption
3 Developments since 1789
4 See also
5 References
6 External links
Text[edit]
The Origination Clause, also known as the Revenue Clause,[1][2] reads as follows:
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Background leading up to adoption[edit]
The federal Constitution was written in 1787 and adopted in 1789. Prior to 1787, several state constitutions followed British practice by providing that "money bills" must start in the more representative branch of the state legislature.[3]
Vesting the power of origination in the U.S. House of Representatives was part of the Great Compromise, in which the framers also agreed to allow equality in the Senate regardless of a state's population, while creating representation based on a State's population in the House.[4] The framers adopted the Great Compromise on July 16, 1787. At that point, the draft clause stated: "all bills for raising or appropriating money....shall originate in the [representative house], and shall not be altered or amended by the [other house]...."[5]
The Origination Clause was modified later in 1787 to reduce the House's power by allowing the Senate to amend revenue bills,[6] and by removing appropriation bills from the scope of the clause (the House and Senate have disagreed on the latter point).[1][7][8] However, a proposal was defeated that would have reduced the House's power even more by changing "bills for raising revenue" to "bills for raising money for the purpose of revenue".[5] James Madison explained:[9]
In many acts, particularly in the regulations of trade, the object would be twofold. The raising of revenue would be one of them. How could it be determined which was the primary or predominant one; or whether it was necessary that revenue shd: be the sole object, in exclusion even of other incidental effects.
Ben Franklin (left) and Elbridge Gerry urged adoption of an origination clause.[10]
John Dickinson (left) and Edmund Randolph joined Franklin and George Mason to urge reinsertion of the clause.[10]
Regarding the decision to allow Senate amendments, some of the reasoning was given by Theophilus Parsons during the convention in Massachusetts that ratified the Constitution; Parsons said that, otherwise, "representatives might tack any foreign matter to a money-bill, and compel the Senate to concur or lose the supplies."[11] Madison believed that the difference between a permissible Senate amendment and an impermissible Senate amendment would, "turn on the degree of connection between the matter & object of the bill and the alteration or amendment offered to it."[12]
During that era, the Continental Congress had a rule stating: "No new motion or proposition shall be admitted under color of amendment as a substitute for a question or proposition under debate until it is postponed or disagreed to."[3] At the Virginia convention to ratify the Constitution, delegate William Grayson was concerned that a substitute amendment could have the same effect as an origination: "the Senate could strike out every word of the bill except the word whereas, or any other introductory word, and might substitute new words of their own."[13] Grayson was not convinced by Madison's argument that "the first part of the clause is sufficiently expressed to exclude all doubts" about where the origination must occur.[14]
In its final form, the Origination Clause was a major selling point for ratification of the Constitution. James Madison, who supported the final version during and after the 1787 Convention,[10] wrote the following in Federalist 58 as the debate over ratification was raging:[13]
The house of representatives can not only refuse, but they alone can propose the supplies requisite for the support of government. They in a word hold the purse; that powerful instrument by which we behold, in the history of the British constitution, an infant and humble representation of the people, gradually enlarging the sphere of its activity and importance, and finally reducing, as far as it seems to have wished, all the overgrown prerogatives of the other branches of the government. This power over the purse, may in fact be regarded as the most compleat and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.
This clause resonated with a citizenry opposed to taxation without representation.[15]
Developments since 1789[edit]
This article is part of a series on the
United States House
of Representatives
History of the United States
House of Representatives
Members
Current members
(by seniority
by age
non-voting)
Former members
Hill committees
(DCCC
NRCC)
Congressional districts
Speaker of the United States
House of Representatives (list)
Party leaders
Democratic Caucus
Republican Conference
Politics and procedure
Committee of the Whole
Closed session (list)
Saxbe fix
Committees (list)
Procedures
Origination Clause
Quorum call
Unanimous consent
Salaries
Apportionment (Huntington–Hill method)
Redistricting
Gerrymandering
Articles of impeachment
Self-executing rule
Rules suspension
General ticket
Plural district
Places
United States Capitol
House office buildings
(Cannon
Ford
Longworth
Rayburn)
v
t
e
Many scholars have written about the Origination Clause. Among the most widely influential was Joseph Story, who wrote in 1833 that the clause refers only to bills that levy taxes:[16][17]
[The clause] has been confined to bills to levy taxes in the strict sense of the words, and has not been understood to extend to bills for other purposes, which may incidentally create revenue. No one supposes, that a bill to sell any of the public lands, or to sell public stock, is a bill to raise revenue, in the sense of the constitution. Much less would a bill be so deemed, which merely regulated the value of foreign or domestic coins, or authorized a discharge of insolvent debtors upon assignments of their estates to the United States, giving a priority of payment to the United States in cases of insolvency, although all of them might incidentally bring, revenue into the treasury.
The U.S. Supreme Court has decided several cases involving this clause, and all of those challenges to federal statutes failed.[18] For example, in the 1911 case of Flint v. Stone Tracy Company, the Court held: "The amendment was germane to the subject-matter of the bill and not beyond the power of the Senate to propose."[19] But, the plaintiffs in one lower court decision succeeded in striking down a federal statute on Origination Clause grounds.[20] The Supreme Court stated in the 1990 case of United States v. Munoz-Flores:[21]
Both parties agree that "revenue bills are those that levy taxes in the strict sense of the word, and are not bills for other purposes which may incidentally create revenue." Twin City Bank v. Nebeker, 167 U. S. 196, 202 (1897) (citing 1 J. Story, Commentaries on the Constitution § 880, pp. 610–611 (3d ed. 1858)). The Court has interpreted this general rule to mean that a statute that creates a particular governmental program and that raises revenue to support that program, as opposed to a statute that raises revenue to support Government generally, is not a "Bil[l] for raising Revenue" within the meaning of the Origination Clause.
Justice Joseph Story
What this means exactly is disputed. According to one scholar, a statute is outside the scope of the Origination Clause if it, "imposes an exaction not to raise revenue, but to enforce a statute passed under the Commerce Clause or other enumerated power."[22] However, according to another scholar, even exactions imposed only under the taxing powers of Congress are outside the scope of the Origination Clause if Congress "earmarks revenues to fund a program it creates."[23] Regarding the latter view, Justice John Paul Stevens suggested in 1990 that its tendency was to "convert the Origination Clause into a formal accounting requirement...."[21]
A bill that lowers taxes instead of raises taxes may still be a bill for raising revenue, according to the United States Court of Appeals for the Ninth Circuit.[13] Assuming that a bill is for raising revenue, a further ambiguity in the clause involves how far the Senate's right to amend extends.[7] According to law professor Jack Balkin, the Senate may take a House-originated revenue bill, and "substitute a different bill on a different subject."[24] On the other hand, law professor Randy Barnett says: "The Supreme Court has never approved the 'strike-and-replace' procedure...."[25]
Not only the House of Representatives, but also the Senate and the judiciary have sometimes tried to guard the role of the House with regard to origination of revenue bills. For example, as early as 1789, the Senate deemed itself helpless to pass a law levying a tax.[1] And, as mentioned, a federal court in 1915 struck down legislation contrary to the clause.[20] The U.S. Supreme Court has expressed willingness to address such issues, according to its 1990 opinion by Justice Thurgood Marshall in Munoz-Flores:
A law passed in violation of the Origination Clause would thus be no more immune from judicial scrutiny because it was passed by both Houses and signed by the President than would be a law passed in violation of the First Amendment.
In 2012, the joint dissent in the U.S. Supreme Court case National Federation of Independent Business v. Sebelius mentioned that "the Constitution requires tax increases to originate in the House of Representatives" per the Origination Clause,[26] though that issue was not addressed by the majority opinion.[27] In 2014, Sissel v. U.S. Department of Health and Human Services, a challenge to the Affordable Care Act brought by the Pacific Legal Foundation based upon this clause, was rejected by a panel of the United States Court of Appeals for the District of Columbia,[28] and that court later declined a request to put the matter before all of its judges ("en banc") over a lengthy dissent authored by Judge Brett Kavanaugh.[29]
In 2013, during the United States federal government shutdown of 2013 and the United States debt-ceiling crisis of 2013, the Republican-led House of Representatives could not agree on or pass an originating resolution to end the government crisis, as had been agreed, so the Democratic-led Senate used bill H.R. 2775 to resolve the impasse by using the Continuing Appropriations Act, 2014, an insignificant bill that originated in the House, which it amended all the tax and appropriation measures so to satisfy the formal requirements of the Originating Clause.
See also[edit]
Revenue-raising bills must have started in the House (right) and moved to the Senate (left).
Article One of the United States Constitution (where the Origination Clause is located)
Blue slip (when the House protests on Origination Clause grounds)
Taxing and Spending Clause (authorizes Congress to levy taxes)
Sixteenth Amendment (expands ability of Congress to levy taxes)
Seventeenth Amendment (provides for direct election of two Senators for each state)
Shell bill (legislative maneuver)
Substitute amendment (legislative maneuver)
References[edit]
^ Jump up to: a b c Wirls, Daniel and Wirls, Stephen. The Invention of the United States Senate, p. 188 (Taylor & Francis 2004).
Jump up ^ Gold, Martin. Senate Procedure and Practice, p. 135 (Rowman & Littlefield 2008).
^ Jump up to: a b Sargent, Noel. "Bills for Raising Revenue Under the Federal and State Constitutions", Minnesota Law Review, Vol. 4, p. 330 (1919).
Jump up ^ Jensen, Erik and Monaghan, Henry. The Taxing Power: a Reference Guide to the United States Constitution. Greenwood Publishing Group. p. 170 (2005). ISBN 0-313-31229-X
^ Jump up to: a b Meigs, William. The Growth of the Constitution in the Federal Convention of 1787, pp. 110–112 (Lippincott 1900).
Jump up ^ Farrelly, Marie. "Special Assessments and the Origination Clause: A Tax on Crooks?", Fordham Law Review, Vol. 58, p. 447 (1989).
^ Jump up to: a b Saturno, James. "The Origination Clause of the U.S. Constitution: Interpretation and Enforcement", CRS Report for Congress (Mar-15-2011).
Jump up ^ Woodrow Wilson wrote that the Senate has extremely broad amendment authority with regard to appropriations bills, as distinguished from bills that levy taxes. See Wilson, Woodrow. Congressional Government: A Study in American Politics, pp. 155–156 (Transaction Publishers 2002). Likewise, according to the Library of Congress, the Constitution is the source of the origination requirement for revenue bills, whereas tradition is the source of the origination requirement for appropriation bills. See Sullivan, John. "How Our Laws Are Made", Library of Congress (accessed August 26, 2013).
Jump up ^ Naroll, Raoul. Clio and the Constitution: The Influence of the Study of History on the Federal Convention of 1787, p. 140 (UCLA 1953).
^ Jump up to: a b c Graham, John. Free, Sovereign, and Independent States: The Intended Meaning of the American Constitution, pp. 238–240 (Pelican Publishing, 2009).
Jump up ^ Luce, Robert. Legislative Problems: Development, Status, And Trend Of The Treatment And Exercise Of Lawmaking Powers, p. 417 (Houghton Mifflin 1935, reprinted by The Lawbook Exchange 2005).
Jump up ^ Watson, David. The Constitution of the United States: its history application and construction, p. 346 (Callaghan 1910).
^ Jump up to: a b c Medina, J. Michael. The Origination Clause in the American Constitution: A Comparative Survey, Tulsa Law Journal, Vol. 23, p. 165 (1987). Madison also wrote this in Federalist No. 45: "[T]he present Congress have as complete authority to REQUIRE of the States indefinite supplies of money for the common defense and general welfare, as the future Congress will have to require them of individual citizens."
Jump up ^ Horn, Stephen. Unused Power: The Work of the Senate Committee on Appropriations, p. 249 (Brookings Institution Press 1970).
Jump up ^ Vile, John. A Companion to the United States Constitution and Its Amendments, p. 35 (ABC-CLIO, 2010).
Jump up ^ Nowell, Edwin. A history of the relations between the two houses of parliament in Tasmania and South Australia: in regard to amendments to bills containing provisions relating to the public revenue or expenditure, pp. 130–131 (Tasmania 1890).
Jump up ^ Story, Joseph. Commentaries on the Constitution (1833).
Jump up ^ Krotoszynski, Ronald. "Reconsidering the Nondelegation Doctrine: Universal Service, the Power to Tax, and the Ratification Doctrine", Indiana Law Journal, Vol. 80 (2005).
Jump up ^ Flint v. Stone Tracy Co., 220 U.S. 107 (1911).
^ Jump up to: a b Hubbard v. Lowe, 226 F. 135 (S.D.N.Y. 1915), appeal dismissed mem., 242 U.S. 654 (1916).
^ Jump up to: a b United States v. Munoz-Flores, 495 U.S. 385 (1990).
Jump up ^ Sandefur, Timothy. "So it's a Tax, Now What?: Some of the Problems Remaining After NFIB v. Sebelius", Texas Review of Law and Politics, Vol. 17, p. 204 (2013).
Jump up ^ Kysar, Rebecca. "The 'Shell Bill' Game: Avoidance and the Origination Clause", Washington University Law Review, Vol. 91 (2014).
Jump up ^ Balkin, Jack. "The Right Strikes Back: A New Legal Challenge for ObamaCare", The Atlantic (September 17, 2012).
Jump up ^ Barnett, Randy. "New Obamacare Challenge: The Origination Clause", The Volokh Conspiracy (September 13, 2012).
Jump up ^ Fisher, Daniel. "Obamacare Dissents Poke Holes In Roberts' Reasoning", Forbes (June 29, 2012).
Jump up ^ Eastman, John. "Hidden Gems in the Historical 2011–2012 Term, and Beyond", Charleston Law Review, Vol. 7, p. 19 (2012).
Jump up ^ Sissel v. DHS (D.C. Cir. 2014). See also Hotze v. Burwell (5th Cir. 2015).
Jump up ^ Sissel v. DHS , "On Petititon for Rehearing En Banc" (August 7, 2015).
External links[edit]
"Article 1, Section 7, Clause 1", The Founders' Constitution, University of Chicago (2000).
Zotti, Priscilla and Schmitz, Nicholas. “The Origination Clause: Meaning, Precedent, and Theory from the 12th Century to the 21st Century”, British Journal of American Legal Studies, Vol. 3 (Spring 2014).
Jensen, Erik, "The Origination Clause", The Heritage Guide to the Constitution.
Natelson, Robert. The Founders’ Origination Clause (and Implications for the Affordable Care Act), The Independence Institute (August 3, 2014), via SSRN.
Riddick, Floyd. "Revenue", Senate Procedure, p. 1214 (1992).
Hinds, Asher. "Prerogatives of the House as to Revenue Legislation", Hinds' Precedents of the House of Representatives of the United States, p. 942 (U.S. Government Printing Office 1907).
The Original Meaning of the Origination Clause: Hearing before the Subcommittee on the Constitution and Civil Justice of the Committee on the Judiciary, House of Representatives, One Hundred Thirteenth Congress, Second Session, April 29, 2014
Smyth, Daniel. The Original Public Meaning of Amendment in the Origination Clause Versus the Patient Protection and Affordable Care Act, British Journal of American Legal Studies, Vol. 6(2), forthcoming.
hide
v
t
e
United States Constitution
Articles
Preamble
I
II
III
IV
V
VI
VII
Amendments
Ratified
Bill of Rights
1
2
3
4
5
6
7
8
9
10
1795 – 1804
11
12
Reconstruction
13
14
15
Twentieth century
16
17
18
19
20
21
22
23
24
25
26
27
Pending
Congressional Apportionment
Titles of Nobility
Corwin Amendment
Child Labor
Unsuccessful
Equal Rights
District of Columbia Voting Rights
Amendment proposals in Congress
Convention to propose amendments
State ratifying conventions
Formation
History
Articles of Confederation
Mount Vernon Conference
Annapolis Convention
Philadelphia Convention
Virginia Plan
New Jersey Plan
Connecticut Compromise
Three-Fifths Compromise
Committee of Detail
Signing
Independence Hall
Syng inkstand
The Federalist Papers
Anti-Federalist Papers
Massachusetts Compromise
Virginia Ratifying Convention
Hillsborough Convention
Rhode Island ratification
Drafting and ratification timeline
Clauses
Appointments
Appropriations
Assistance of Counsel
Case or Controversy
Citizenship
Commerce
Compact
Compulsory Process
Confrontation
Congressional enforcement
Contract
Copyright and Patent
Double Jeopardy
Due Process
Equal Protection
Establishment
Exceptions
Excessive Bail
Ex post facto
Extradition
Free Exercise
Free Speech
Fugitive Slave
Full Faith and Credit
General Welfare
Guarantee
Impeachment
Import-Export
Ineligibility
Militia
Natural-born citizen
Necessary and Proper
New States
No Religious Test
Oath or Affirmation
Origination
Pardon
Petition
Postal
Presentment
Presidential succession
Privileges and Immunities
Privileges or Immunities
Recess appointment
Recommendation
Self-Incrimination
Speech or Debate
Speedy Trial
State of the Union
Supremacy
Suspension
Take Care
Takings
Taxing and Spending
Territorial
Title of Nobility
Treaty
Trial by Jury
Vesting
Vicinage
War Powers
List of clauses
Interpretation
Concurrent powers
Constitutional law
Criminal procedure
Criminal sentencing
Dormant Commerce Clause
Enumerated powers
Equal footing
Executive privilege
Incorporation of the Bill of Rights
Judicial review
Nondelegation doctrine
Preemption
Saxbe fix
Separation of church and state
Separation of powers
Taxation power
Unitary executive theory
Display
and legacy
National Archives
Charters of Freedom Rotunda
Independence Mall
Constitution Day
Constitution Gardens
National Constitution Center
Scene at the Signing of the Constitution (painting)
A More Perfect Union (film)
USS Constitution
Worldwide influence
US Government Portal • Law Portal • Wikipedia book
Retrieved from "https://en.wikipedia.org/w/index.php?title=Origination_Clause&oldid=848620390"
Categories:
Article One of the United States Constitution
Clauses of the United States Constitution
Legislative branch of the United States government
Taxation in the United States
Origination Clause case law
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
Edit
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Add links
This page was last edited on 3 July 2018, at 04:17 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

values: mw-page-base noprint

values: mw-head-base noprint

values: firstHeading firstHeading en

values: siteSub noprint

attrs: class href

values: mw-jump-link #mw-head

values: mw-jump-link #p-search

values: Greater coat of arms of the United States.svg

values: Preamble to the United States Constitution

value: li

value: ul

values: Article One of the United States Constitution

values: Article Two of the United States Constitution

values: Article Three of the United States Constitution

values: Article Four of the United States Constitution

values: Article Five of the United States Constitution

values: Article Six of the United States Constitution

values: Article Seven of the United States Constitution

values: List of amendments to the United States Constitution

values: First Amendment to the United States Constitution

values: Second Amendment to the United States Constitution

values: Third Amendment to the United States Constitution

values: Fourth Amendment to the United States Constitution

values: Fifth Amendment to the United States Constitution

values: Sixth Amendment to the United States Constitution

values: Seventh Amendment to the United States Constitution

values: Eighth Amendment to the United States Constitution

values: Ninth Amendment to the United States Constitution

values: Tenth Amendment to the United States Constitution

values: Eleventh Amendment to the United States Constitution

values: Twelfth Amendment to the United States Constitution

values: Thirteenth Amendment to the United States Constitution

values: Fourteenth Amendment to the United States Constitution

values: Fifteenth Amendment to the United States Constitution

values: Sixteenth Amendment to the United States Constitution

values: Seventeenth Amendment to the United States Constitution

values: Eighteenth Amendment to the United States Constitution

values: Nineteenth Amendment to the United States Constitution

values: Twentieth Amendment to the United States Constitution

values: Twenty-first Amendment to the United States Constitution

values: Twenty-second Amendment to the United States Constitution

values: Twenty-third Amendment to the United States Constitution

values: Twenty-fourth Amendment to the United States Constitution

values: Twenty-fifth Amendment to the United States Constitution

values: Twenty-sixth Amendment to the United States Constitution

values: Twenty-seventh Amendment to the United States Constitution

values: District of Columbia Voting Rights Amendment

values: History of the United States Constitution

values: Timeline of drafting and ratification of the United States Constitution

values: Constitutional Convention (United States)

values: Signing of the United States Constitution

values: s:Constitution of the United States of America

values: s:Additional amendments to the United States Constitution

values: s:Portal:Unsuccessful attempts to amend the United States Constitution

values: padding:0.3em 0.4em 0.3em;font-weight:bold;border-top:1px #aaa solid; border-bottom:1px #aaa solid;

values: Template talk:US Constitution article series

values:
/wiki/First_reading
mw-redirect
First reading

values: checkbox button toctogglecheckbox toctogglecheckbox display:none

values: Edit section: Background leading up to adoption

values: John Dickinson (Pennsylvania and Delaware)

values: Category:United States House of Representatives

values: Great Seal of the United States House of Representatives

values: History of the United States House of Representatives

values: Current members of the United States House of Representatives

values: Seniority in the United States House of Representatives

values: List of the oldest living members of the United States House of Representatives

values: Non-voting members of the United States House of Representatives

values: List of former members of the United States House of Representatives

values: Democratic Congressional Campaign Committee

values: National Republican Congressional Committee

values: List of United States congressional districts

values: Speaker of the United States House of Representatives

values: List of Speakers of the United States House of Representatives

values: Party leaders of the United States House of Representatives

values: Democratic Caucus of the United States House of Representatives

values: Republican Conference of the United States House of Representatives

values: Committee of the Whole (United States House of Representatives)

values: Closed session of the United States Congress

values: Closed sessions of the United States House of Representatives

values: List of United States House of Representatives committees

values: Procedures of the United States House of Representatives

values: Salaries of members of the United States Congress

values: United States congressional apportionment

values: Suspension of the rules in the United States Congress

values: Template:United States House of Representatives

values: Template talk:United States House of Representatives

values: float:right;clear:right;width:22.0em;margin:0 0 1.0em 1.0em;background:#f9f9f9;border:1px solid #aaa;padding:0.2em;border-spacing:0.4em 0;text-align:center;line-height:1.4em;font-size:88%;width:18em;

values:
/wiki/United_States_Supreme_Court
mw-redirect
United States Supreme Court

values:
/wiki/Flint_v._Stone_Tracy_Company
mw-redirect
Flint v. Stone Tracy Company

values: United States Court of Appeals for the Ninth Circuit

values:
/wiki/Affordable_Care_Act
mw-redirect
Affordable Care Act

values: United States federal government shutdown of 2013

values: United States debt-ceiling crisis of 2013

values:
nofollow
external text
https://purl.fdlp.gov/GPO/gpo50833

values: List of proposed amendments to the United States Constitution

values: Convention to propose amendments to the United States Constitution

values: Ratification of the United States Constitution by Rhode Island

values:
/wiki/Guarantee_Clause
mw-redirect
Guarantee Clause

values: Oath of office of the President of the United States

values: United States presidential line of succession

values: List of clauses of the United States Constitution

values: United States constitutional criminal procedure

values: United States constitutional sentencing law

values:
/wiki/Enumerated_powers
mw-redirect
Enumerated powers

values: Separation of church and state in the United States

values: Separation of powers under the United States Constitution

values: Scene at the Signing of the Constitution of the United States

values: United States Constitution and worldwide influence

values: nowraplinks collapsible autocollapse navbox-inner mw-collapsible mw-made-collapsible

values: Category:Article One of the United States Constitution

values: Category:Clauses of the United States Constitution

values: Category:Legislative branch of the United States government

values:
catlinks mw-normal-catlinks
catlinks mw-normal-catlinks
interface

values: Discussion about edits from this IP address [ctrl-alt-n]

values: A list of edits made from this IP address [ctrl-alt-y]

values: You are encouraged to create an account and log in; however, it is not mandatory

values: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

values:
/wiki/Origination_Clause
View the content page [ctrl-alt-c]
c

values: Discussion about the content page [ctrl-alt-t]

values: p-namespaces navigation vectorTabs p-namespaces-label

values:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

values: Past revisions of this page [ctrl-alt-h]

values:
/wiki/Special:Random
Load a random article [ctrl-alt-x]
x

values: portal navigation p-navigation p-navigation-label

values: Guidance on how to use and edit Wikipedia

values: About the project, what you can do, where to find things

values: A list of recent changes in the wiki [ctrl-alt-r]

values: portal navigation p-interaction p-interaction-label

values: List of all English Wikipedia pages containing links to this page [ctrl-alt-j]

values: Recent changes in pages linked from this page [ctrl-alt-k]

values:
/wiki/Wikipedia:File_Upload_Wizard
Upload files [ctrl-alt-u]
u

values: A list of all special pages [ctrl-alt-q]

values: Permanent link to this revision of the page

values: Link to connected data repository item [ctrl-alt-g]

values: Printable version of this page [ctrl-alt-p]

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Origination_Clause rootpage-Origination_Clause skin-vector action-view


text:
Parole
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Parole (disambiguation).
Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial
Speedy trial
Jury trial
Counsel
Presumption of innocence
Exclusionary rule1
Self-incrimination
Double jeopardy2
Verdict
Conviction
Acquittal
Not proven3
Directed verdict
Sentencing
Mandatory
Suspended
Custodial
Discharge
Guidelines
Totality5, 6
Dangerous offender4, 5
Capital punishment
Execution warrant
Cruel and unusual punishment
Imprisonment
Life imprisonment
Indefinite imprisonment
Post-sentencing
Parole
Probation
Tariff 6
Life licence6
Miscarriage of justice
Exoneration
Pardon
Sex offender registration
Sexually violent predator legislation1
Related areas of law
Criminal defenses
Criminal law
Evidence
Civil procedure
Portals
Law
Criminal justice
1 US courts
2 Not in English/Welsh courts
3 Scottish courts
4 English/Welsh courts
5 Canadian courts
6 UK courts
v
t
e
Parole is a temporary release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period, originating from the French parole ("voice, spoken words"). The term became associated during the Middle Ages with the release of prisoners who gave their word.
This differs greatly from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, not voting in an election, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment and keeping required appointments with a parole officer. Should the parolee have legal dependents, namely minor children, they are also required to show cause of being a dedicated caregiver. A specific type of parole is medical parole or compassionate release which is the release of prisoners on medical or humanitarian grounds. Some justice systems, such as the United States federal system, place defendants on supervised release after serving their entire prison sentence; this is not the same as parole. In Colorado, parole is an additional punishment after the entire prison sentence is served, called "mandatory parole", per §18-1.3-401(1)(a)(V)(B).
Contents
[hide]
1 Development of modern parole
2 Canada
3 China
4 Israel
5 Italy
6 New Zealand
7 United States
7.1 Early history
7.2 Modern history
7.3 Difference between parole and mandatory supervision
7.4 US immigration law
8 Prisoners of war
9 See also
10 References
11 External links
Development of modern parole[edit]
Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned through good behaviour, labour, and study. The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and they would start all over again through the ranks of the three-grade process.[1][2] He reformed its ticket of leave system, instituting what many consider the world's first parole system.[3] Prisoners served indeterminate sentences from which they could be released early if they showed evidence of rehabilitation[4] through participation in a graded classification system based on a unit of exchange called a mark.[5] Prisoners earned marks through good behavior, lost them through bad behavior,[3] and could spend them on passage to higher classification statuses ultimately conveying freedom.[5]
In an instance of multiple discovery, in 1846, Arnould Bonneville de Marsangy proposed the idea of parole (which he termed "preparatory liberations") to the Civil Tribunal at Reims.[6][7]
Canada[edit]
In general, in Canada, prisoners are eligible to apply for full parole after serving one-third of their sentences.[8] Prisoners are also eligible to apply for day parole,[9] and can do this before being eligible to apply for full parole.
Any prisoner whose sentence is less than two years is sent to a correctional facility in the province or territory that convicted him or her, whilst anyone sentenced to serve no less than two years will be sent to a federal correctional facility.[citation needed]
Parole is an option for most prisoners. However, parole is not guaranteed, particularly for prisoners serving life or indeterminate sentences. In cases of first-degree murder, one can apply for parole after 25 years if convicted of a single murder. However, if convicted of multiple murder (either first or second-degree), the sentencing judge has the option to make parole ineligibility periods consecutive - thereby extending parole ineligibility beyond 25 years and, in rare cases, beyond a normal life-span.[10][11]
China[edit]
In China, prisoners are often granted medical parole or compassionate release, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Occasionally, medical parole is used as a no-publicity way of releasing an accidentally imprisoned convict.[12][13]
The Chinese legal code has no explicit provision for exile, but often dissidents are released on the grounds that they need to be treated for a medical condition in another country, and with the understanding that they will be reincarcerated if they return to China. Dissidents who have been released on medical parole include Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.
Israel[edit]
Until 2001, parole in Israel was possible only after the prisoner had served two thirds of their sentence. On 13 February 2001 the Knesset passed a bill, brought forward by Reuven Rivlin and David Libai, which allowed the early release of prisoners who had served half of their prison term. The law was originally intended to help ease overcrowding in prisons.
Italy[edit]
Main article: Libertà condizionata
Libertà condizionata is covered by Article 176 of the Italian Penal Code. A prisoner is eligible if he has served at least 30 months (or 26 years for life sentences), and the time remaining on his sentence is less than half the total (normally), a quarter of the total (if previously convicted or never convicted) or five years (for sentences greater than 7.5 years). In 2006, 21 inmates were granted libertà condizionata.[citation needed]
New Zealand[edit]
See also: New Zealand Parole Board
In New Zealand, inmates serving a short-term sentence (up to two years) are automatically released after serving half their sentence, without a parole hearing. Inmates serving sentences of more than two years are normally seen by the New Zealand Parole Board after serving one-third of the sentence, although the judge at sentencing can make an order for a minimum non-parole period of up to two-thirds of the sentence. Inmates serving life sentences usually serve a minimum of 10 years, or longer depending on the minimum non-parole period, before being eligible for parole.[14] Parole is not an automatic right and it was declined in 71 percent of hearings in the year ending 30 June 2010.[15] Many sentences include a specific non-parole period.
United States[edit]
Early history[edit]
Penologist Zebulon Brockway introduced parole when he became superintendent of Elmira Reformatory in Elmira, New York. To manage prison populations and rehabilitate those incarcerated, he instituted a two-part strategy that consisted of indeterminate sentences and parole releases.[16]
Modern history[edit]
In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. This is often done by specifying an indeterminate sentence of, say, "15 to 25 years", or " 15 years to life". The latter type is known as an indeterminate life sentence; in contrast, a sentence of "life without the possibility of parole" is known as a determinate life sentence.[17]
On the federal level, Congress abolished parole in the Comprehensive Crime Control Act of 1984 (Pub. L. No. 98-473 § 218(a)(5), 98 Stat. 1837, 2027 [repealing 18 U.S.C.A. § 4201 et seq.]). Federal prisoners may, however, earn a maximum of 54 days good time credit per year against their sentence (18 U.S.C.A. § 3624(b)).
In most states, the decision of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as Social Security if the prisoner is old enough to qualify). Many states now permit sentences of life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoner not sentenced to either this or the death penalty will eventually have the right to petition for release (one state – Alaska – maintains neither the death penalty nor life imprisonment without parole as sentencing options).
Before being granted the privilege of parole, the inmate meets with members of the parole board and is interviewed, The parolee also has a psychological exam. The inmate must first agree to abide by the conditions of parole set by the paroling authority. While in prison, the inmate signs a parole certificate or contract. On this contract are the conditions that the inmate must follow. These conditions usually require the parolee to meet regularly with his or her parole officer or community corrections agent, who assesses the behavior and adjustment of the parolee and determines whether the parolee is violating any of his or her terms of release (typically these include being at home during certain hours which is called a curfew, maintaining steady employment, not absconding, refraining from illicit drug use and, sometimes, abstaining from alcohol), attending drug or alcohol counseling, and having no contact with their victim. The inmate gives an address which is verified by parole officers as valid before the inmate is released to parole supervision.
Upon release, the parolee goes to a parole office and is assigned a parole officer. Parole officers make unannounced visits to parolees' houses or apartments to check on them. During these home visits officers look for signs of drug or alcohol use, guns or illegal weapons, and other illegal activities. Should parolees start to use drugs or alcohol, they are told to go to drug or alcohol counseling and Narcotics Anonymous or Alcoholics Anonymous meetings. Should they not comply with conditions on the parole certificate a warrant is issued for their arrest. Their parole time is stopped when the warrant is issued and starts only after they are arrested. They have a parole violation hearing within a specified time, and then a decision is made by the parole board to revoke their parole or continue the parolee on parole. In some cases, a parolee may be discharged from parole before the time called for in the original sentence if it is determined that the parole restrictions are no longer necessary for the protection of society (this most frequently occurs when elderly parolees are involved).
Service members who commit crimes while in the U.S. military may be subject to court martial proceedings under the Uniform Code of Military Justice (UCMJ). If found guilty, they may be sent to federal or military prisons and upon release may be supervised by U.S. Federal Probation officers.
Parole is a controversial political topic in the United States. According to the U.S. Department of Justice, at least sixteen states have abolished parole entirely, and four more have abolished parole for certain violent offenders.[18] During elections, politicians whose administrations parole any large number of prisoners (or, perhaps, one notorious criminal) are typically attacked by their opponents as being "soft on crime". The U.S. Department of Justice (DOJ) stated in 2005 that about 45% of parolees completed their sentences successfully, while 38% were returned to prison, and 11% absconded. These statistics, the DOJ says, are relatively unchanged since 1995; even so, some states (including New York) have abolished parole altogether for violent felons, and the federal government abolished it in 1984 for all offenders convicted of a federal crime, whether violent or not. Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parolees was an increase of about 1.6% per year between 1995 and 2002.
A variant of parole is known as "time off for good behavior", or, colloquially, "good time". Unlike the traditional form of parole – which may be granted or denied at the discretion of a parole board – time off for good behavior is automatic absent a certain number (or gravity) of infractions committed by a convict while incarcerated (in most jurisdictions the released inmate is placed under the supervision of a parole officer for a certain amount of time after being so released). In some cases "good time" can reduce the original sentence by as much as one-third. It is usually not made available to inmates serving life sentences, as there is no release date that can be moved up.
Difference between parole and mandatory supervision[edit]
Some states in the United States have what is known as "mandatory supervision", whereby an inmate is released before the completion of their sentence due to legal technicalities which oblige the offender justice system to free them. In the federal prison system,[19] and in some states such as Texas, inmates are compensated with "good time", which is counted towards time served. For example, if an inmate served five years of a ten-year prison term, and also had five years of "good time", they will have completed their sentence "on paper", obliging the state to release them unless deemed a threat to society in writing by the parole board. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for it or does not. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released.
US immigration law[edit]
Main article: Parole (United States immigration)
In US immigration law, the term parole has two meanings related to allowing persons to enter or leave the United States without the normally required documentation.
Prisoners of war[edit]
Parole is "the agreement of persons who have been taken prisoner by an enemy that they will not again take up arms against those who captured them, either for a limited time or during the continuance of the war."[20] The US Department of Defense defines parole more broadly: "Parole agreements are promises given the captor by a POW to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint."[21]
The practice of paroling enemy troops began thousands of years ago, at least as early as the time of Carthage.[22] Parole allowed the prisoners' captors to avoid the burdens of having to feed and care for them while still avoiding having the prisoners rejoin their old ranks once released; it could also allow the captors to recover their own men in a prisoner exchange. Hugo Grotius, an early international lawyer, favorably discussed prisoner of war parole.[23] During the American Civil War, both the Dix–Hill Cartel and the Lieber Code set out rules regarding prisoner of war parole.[24] Francis Lieber's thoughts on parole later reappeared in the Declaration of Brussels of 1874, the Hague Convention, and the Geneva Convention Relative to the Treatment of Prisoners of War.[25]
In the United States, current policy prohibits US military personnel who are prisoners of war from accepting parole. The Code of the United States Fighting Force states: "I will accept neither parole nor special favors from the enemy."[26] The position is reiterated by the Department of Defense. "The United States does not authorize any Military Service member to sign or enter into any such parole agreement."[27]
See also[edit]
Wikimedia Commons has media related to Parole.
Parol evidence rule
Ticket of leave
Release on temporary licence
Rehabilitation Policy
References[edit]
Jump up ^ Joel Samaha (2006). Criminal Justice. Belmont, CA: Thomson/Wadsworth. ISBN 9780534645571. OCLC 61362411.
Jump up ^ John V. Barry, "Maconochie, Alexander (1787–1860)", Australian Dictionary of Biography, National Centre of Biography, Australian National University, accessed 4 April 2013].
^ Jump up to: a b Joan Petersilia, When Prisoners Come Home: Parole and Prisoner Reentry. Oxford: Oxford University Press, 2003.
Jump up ^ Robert D. Hansner, Community Corrections. Los Angeles: Sage, 2010.
^ Jump up to: a b Gray Cavendar, Parole: A Critical Analysis. Port Washington: Kennikat Press, 1982.
Jump up ^ Normandeau, André. "Pioneers in Criminology: Arnould Bonneville de Marsangy (1802-1894)". The Journal of Criminal Law, Criminology, and Police Science. Northwestern University School of Law. 60 (1): 28–32. Historical innovations are often created independently and almost simultaneously. This seems to be the case about the origins of parole, especially in view of factors of time and means of communication. In effect, Maconochie developed his scheme in the years 1840-1844 as governor of Norfolk Island, a famous penal colony east of Australia, whereas Bonneville's ideas came out in the years 1846-1847. Our knowledge of the slowness of communications at the time, especially in such a sector of activity, leaves us with the impression that Bonneville really did not know about Maconochie's proposal.
Jump up ^ Bonneville de Marsangy, Arnould (January 29, 1868). "Twenty-Third Annual Report of the Executive Committee of the Prison Association of New York for 1867". C. Van Benthuysen & Sons. pp. 165–178.
Jump up ^ "Types of Release - Fact Sheet". Government of Canada. 19 September 2016. Retrieved 9 August 2017.
Jump up ^ "Types of Release". Correctional Services Canada. 2014-12-01. Retrieved 2016-07-06.
Jump up ^ MacDonald, Michael (31 October 2014). "Justin Bourque handed harshest sentence since Canada's last execution more than 50 years ago". National Post.
Jump up ^ "Winnipeg 'killing machine' who targeted homeless men gets three life sentences, no parole". nationalpost.com. 28 June 2016. Retrieved 15 April 2018.
Jump up ^ "China Grants Convicted Scholars Medical Parole". The Chronicle of Higher Education. Retrieved 2008-01-13.
Jump up ^ "US lawmakers demand China grant dissident medical parole". Agence France-Presse. 2005-01-20. Retrieved 2008-01-13.
Jump up ^ "Cases and Eligibility". Paroleboard.govt.nz. Archived from the original on 2012-05-05. Retrieved 2012-04-27.
Jump up ^ http://www.paroleboard.govt.nz/__data/assets/pdf_file/0011/477515/NZPB_Annual_Report_09_10.pdf
Jump up ^ Criminal Justice - Joel Samaha - Google Books. Books.google.com. Retrieved 2012-04-27.
Jump up ^ In re Jeanice D., 28 Cal. 3d 210 (1980) ("25 years to life" is indeterminate life sentence implying that minor convicted of first-degree murder was eligible for commitment to California Youth Authority rather than determinate life sentence which would require incarceration in regular prison).
Jump up ^ In 1984 Congress abolished parole for federal crimes committed beginning November 1987. The U.S. Parole Commission was enabled to continue operations for prisoners still eligible for parole, that is, who committed crimes before November 1987. "Parole system in transition assailed as unfair". Newsday, May 2, 2007.
Jump up ^ "“Good Time Credit” for Federal Prisoners." Families Against Mandatory Minimums. Retrieved on May 10, 2017.
Jump up ^ 2 Bouvier's Law Dictionary 2459 (1914)
Jump up ^ US Department of Defense Directive 1300.7, Training and Education Measures Necessary to Support the Code of Conduct (23 December 88).
Jump up ^ Herbert C. Fooks, Prisoners of War 297 (1924).
Jump up ^ Hugo Grotius, De Jure Belli ac Pacis (1625), reprinted in 2 Classics of International Law 853-54 (J. Scott ed. 1925).
Jump up ^ James M. McPherson, Battle Cry of Freedom 791 (1988); U.S. Army General Orders No. 100 (24 April 1863), reprinted in R. S. Hartigan, Lieber's Code and the Law of War 45–71 (1983).
Jump up ^ Annex to Hague Convention IV Respecting the Laws and Customs of War on Land, Art. 10 (1907) and Geneva Convention Relative to the Treatment of Prisoners of War, Art. 21 (1949), both reprinted in Documents on the Laws of War 216 (A. Roberts & R. Guelff (ed.), 1982).
Jump up ^ Code of Conduct for Members of the Armed Forces of the United States, Exec. Order No. 10,631, 20 Fed. Reg. 6057, 3 C.F.R. 1954–58 Comp. 266 (1955), as amended by Exec. Order No. 12,017, 42 Fed. Reg. 57941 (1977); and Exec. Order No. 12,633, 53 Fed. Reg. 10355 (1988).
Jump up ^ DoD Directive 1300.7, Enclosure 2, Para. B3a(5).
External links[edit]
Look up parole in Wiktionary, the free dictionary.
California Reentry Program - Helping parolees re-enter society
Term to Life Prisoner Support
How Parole Board hearings work (Directgov, England and Wales)
Community Corrections (Probation and Parole) Bureau of Justice Statistics
[1] [Rule of Parole in India]
[2] [Government of India]

Authority control
NDL: 00565053
Retrieved from "https://en.wikipedia.org/w/index.php?title=Parole&oldid=837794995"
Categories:
Criminal law
Legal terminology
Parole
Hidden categories:
CS1: Julian–Gregorian uncertainty
All articles with unsourced statements
Articles with unsourced statements from December 2016
Articles with unsourced statements from May 2008
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
Edit
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
In other projects
Wikimedia Commons
Languages
العربية
Bân-lâm-gú
Čeština
Dansk
Deutsch
فارسی
Français
한국어
हिन्दी
Italiano
עברית
Қазақша
Bahasa Melayu
Nederlands
日本語
Norsk
Norsk nynorsk
Polski
Português
Русский
Simple English
Srpskohrvatski / српскохрватски
Suomi
Svenska
Tagalog
ไทย
Українська
中文
19 more
Edit links
This page was last edited on 23 April 2018, at 02:32.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

key: html

type: local

value: div

attrs: id class

values: mw-page-base noprint

values: mw-head-base noprint

value: a

attrs: id class lang

values: firstHeading firstHeading en

values: siteSub noprint

values: jump-to-nav mw-jump

attrs: href class title

values:
/wiki/Parole_(disambiguation)
mw-disambig
Parole (disambiguation)

attrs: role class

values:
note
hatnote navigation-not-searchable

attrs: href title

value: th

value: tr

value: td

values: padding:0.3em 0.4em 0.3em;font-weight:bold;font-weight:normal; padding:0 0 0.6em;

values:
/wiki/Directed_verdict
mw-redirect
Directed verdict

values:
/wiki/Sex_offender_registration
mw-redirect
Sex offender registration

values:
/wiki/Courts_of_the_United_States
mw-redirect
Courts of the United States

values:
/wiki/Courts_of_Canada
mw-redirect
Courts of Canada

values: padding:0.3em 0.4em 0.3em;font-weight:bold;padding:0.4em;border-top:1px #aaa solid;font-weight:normal;font-size:smaller; font-size:100%;border-bottom:1px solid #aaa;

values: Template talk:Criminal procedure (trial)

values: float:right;clear:right;width:22.0em;margin:0 0 1.0em 1.0em;background:#f9f9f9;border:1px solid #aaa;padding:0.2em;border-spacing:0.4em 0;text-align:center;line-height:1.4em;font-size:88%

values:
/wiki/Commutation_of_sentence
mw-redirect
Commutation of sentence

values:
/wiki/Parole_officer
mw-redirect
Parole officer

values: Supervised release under United States federal law

values: Edit section: Development of modern parole

values: Provincial correctional services in Canada

values: This claim needs references to reliable sources. (December 2016)

values:
noprint Inline-Template Template-Fact
white-space:nowrap;

values:
/wiki/Ngawang_Chophel
mw-redirect
Ngawang Chophel

values:
/wiki/Takna_Jigme_Zangpo
mw-redirect
Takna Jigme Zangpo

values: This claim needs references to reliable sources. (May 2008)

values:
/wiki/Death_penalty
mw-redirect
Death penalty

values:
/wiki/Morrissey_Hearing
mw-redirect
Morrissey Hearing

values:
/wiki/US_military
mw-redirect
US military

values:
/wiki/Court_martial
mw-redirect
Court martial

values:
/wiki/Military_prisons
mw-redirect
Military prisons

values:
/wiki/Federal_Probation
mw-redirect
Federal Probation

values:
/wiki/U.S._Department_of_Justice
mw-redirect
U.S. Department of Justice

values:
/wiki/Time_off_for_good_behavior
mw-redirect
Time off for good behavior

values: Edit section: Difference between parole and mandatory supervision

values:
/wiki/US_Department_of_Defense
mw-redirect
US Department of Defense

values:
/wiki/Hague_Conventions_(1899_and_1907)
mw-redirect
Hague Conventions (1899 and 1907)

values: Code of the United States Fighting Force

attrs: alt src width height class srcset data-file-width data-file-height

values:
/wiki/Release_on_temporary_licence
mw-redirect
Release on temporary licence

values:
nofollow
external text
//www.worldcat.org/oclc/61362411

values:
/wiki/De_Jure_Belli_ac_Pacis
mw-redirect
De Jure Belli ac Pacis

values:
nofollow
http://ca-reentry.org/
external text

values:
nofollow
http://voicesdotcon.org/
external text

values: Category:All articles with unsourced statements

values: Category:Articles with unsourced statements from December 2016

values: Category:Articles with unsourced statements from May 2008

values: Discussion about edits from this IP address [ctrl-alt-n]

values: A list of edits made from this IP address [ctrl-alt-y]

values: You are encouraged to create an account and log in; however, it is not mandatory

values: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

values:
/wiki/Parole
View the content page [ctrl-alt-c]
c

values: Discussion about the content page [ctrl-alt-t]

values: p-namespaces navigation vectorTabs p-namespaces-label

values:
/w/index.php?title=Parole&action=edit
Edit this page [ctrl-alt-e]
e

values: p-views navigation vectorTabs p-views-label

values:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

values:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

values:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

values: Featured content – the best of Wikipedia

values: Find background information on current events

values: portal navigation p-wikibase-otherprojects p-wikibase-otherprojects-label

values: إفراج مشروط – Arabic

values:
interlanguage-link interwiki-zh-min-nan
display: none;

values:
interlanguage-link interwiki-cs
display: none;

values:
interlanguage-link interwiki-da
display: none;

values: آزادی مشروط – Persian

values:
interlanguage-link interwiki-fa
display: none;

values:
interlanguage-link interwiki-ko
display: none;

values: पेरोल – Hindi

values:
interlanguage-link interwiki-it
display: none;

values: שחרור מוקדם – Hebrew

values:
interlanguage-link interwiki-he
display: none;

values: Мерзімінен бұрын шартты түрде босату – Kazakh

values:
interlanguage-link interwiki-kk
display: none;

values:
https://ms.wikipedia.org/wiki/Parol
Parol – Malay
ms
ms
interlanguage-link-target

values: Voorwaardelijke invrijheidstelling – Dutch

values:
interlanguage-link interwiki-nl
display: none;

values:
interlanguage-link interwiki-no
display: none;

values:
interlanguage-link interwiki-nn
display: none;

values: Warunkowe przedterminowe zwolnienie – Polish

values:
interlanguage-link interwiki-pl
display: none;

values: Условно-досрочное освобождение – Russian

values:
interlanguage-link interwiki-simple
display: none;

values:
interlanguage-link interwiki-sh
display: none;

values:
interlanguage-link interwiki-fi
display: none;

values:
interlanguage-link interwiki-sv
display: none;

values:
https://tl.wikipedia.org/wiki/Parole
Parole – Tagalog
tl
tl
interlanguage-link-target

values:
interlanguage-link interwiki-tl
display: none;

values: การปล่อยตัวโดยมีการคุมประพฤติ – Thai

values:
interlanguage-link interwiki-th
display: none;

values: Умовно-дострокове звільнення – Ukrainian

values:
interlanguage-link interwiki-uk
display: none;

values: All languages (initial selection from common choices by you and others)

values: /static/images/wikimedia-button-1.5x.png 1.5x, /static/images/wikimedia-button-2x.png 2x

values: /static/images/poweredby_mediawiki_132x47.png 1.5x, /static/images/poweredby_mediawiki_176x62.png 2x

values:
suggestions
display: none; font-size: 13px;

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Parole rootpage-Parole skin-vector action-view


text:
So I Married an Anti-fan
From Wikipedia, the free encyclopedia
Jump to: navigation, search
So I Married an Anti-fan
Theatrical release poster
Simplified
所以 , 我和黑粉结婚了
Mandarin
Suǒyǐ, wǒ hé hēi fěn jiéhūnle
Directed by
Kim Jae-young
Screenplay by
Kim Jae-young
Story by
Kim Eun-jeong (webcomic)
Based on
So I Married An Anti-fan
by Jiwan
Starring
Park Chanyeol
Yuan Shanshan
Seo Ju-hyun
Jiang Chao
Production
companies
The Comedians Pictures
Bona Film Group
Beijing Jiecheng Shidai Media
Beijing Huanle Pictures[1]
Distributed by
Polybona Films
Release date
June 30, 2016 (2016-06-30)
Running time
120 minutes
Country
China
Language
Mandarin
Box office
CN¥74.4 million[1]
So I Married an Anti-fan (also known as:No One's Life Is Easy) is a Chinese romantic comedy film directed by Kim Jae-young and starring Park Chanyeol, Yuan Shanshan, Seo Ju-hyun and Jiang Chao.[1][2][3][4][5][6] It is based on the manhwa So I Married An Anti-fan (Hangul: 그래서 나는 안티 팬과 결혼했다) by Jiwan. The film was released in China by Bona Film Group on June 30, 2016.[1]
Contents
[hide]
1 Synopsis
2 Cast
3 Original soundtrack
4 Reception
5 Awards
6 References
7 External links
Synopsis[edit]
Hoo Joon is a Korean Hallyu star working in Shanghai, China. Fang Miao Miao is a jobbing entertainment reporter working for a magazine. By chance Miao Miao catches Hoo Joon meeting fellow Hallyu star Ai Lin at a nightclub and photographs the two in what appears to be a romantic encounter. Since Ai Lin is dating a third star, Gao Xiang, who is a friend and colleague of Hoo Joon, publication of the photographs would lead to reputational damage to both Hoo Joon and Ai Lin. Hoo Joon catches Miao Miao in the act seizes her cellphone and destroys it. Contracted, as a spokesman, performer and personality to a Chinese conglomerate, Hoo Joon's management sets out to discredit and silence Miao Miao, and she is fired from her job.
Furious and powerless against the forces arrayed against her Miao Miao becomes Hoo Joon's anti-fan. Venting her frustration online, with one woman pickets and petty acts of graffiti Miao Miao becomes notorious for her actions and her altercations with Hoo Joon's legion of fans. Her notoriety and Hoo Joon's popularity leads to the two being approached to appear in a reality television series together; jobless and facing the prospect of becoming homeless Miao Miao reluctantly accepts the job, stating that her goal in the show will be to destroy Hoo Joon. Working first as his road manager Miao Miao soon finds herself co-habiting with her nemesis.
Thrown together Miao Miao and Hoo Joon learn more about each other both through the challenges and tasks set for them by their television director and when attempts by Miao Miao to prank and play practical jokes on Hoo Joon backfire. As they become more comfortable in each other's company they reveal their dreams and pasts to each other, and eventually learn to trust in each other. Miao Miao discovers Hoo Joon surreptitiously meeting Ai Lin again, she photographs the meeting again and is again discovered by Hoo Joon. However rather than destroy her phone again Hoo Joon chooses to trust and confide in her. He reveals that he and Ai Lin had been lovers and that together with Gao Xiang had been trainees together, working to debut together as a band. When chance saw Hoo Joon come to public prominence through a bit part, their management company changed their plans and debuted Hoo Joon alone as a soloist. Feeling betrayed Ai Lin and Gao Xiang turned to each other for consolation, though it seems Ai Lin has held a torch for Hoo Joon through the intervening years.
Appearing more and more on screen and in public together as a couple Miao Miao comes to realise that she has fallen in love with Hoo Joon, a love that Hoo Joon appears to reciprocate when he asks her to be his partner at a major entertainment event. However, when Miao Miao sees Ai Lin wearing the same pendant as her, a present from Hoo Joon, Miao Miao comes to believe that Hoo Joon has been using her as cover to continue a relationship with Ai Lin. Feeling used and betrayed Miao Miao quits the television show and snubs attempts by Hoo Joon to explain. Miao Miao is offered a job by her old magazine in return for dishing the dirt on Hoo Joon, but still in love with him refuses. Unfortunately Miao Miao's in depth article detailing Hoo Joon's faults and indiscretions falls into the hands of the magazine and is published. Miao Miao's article is a smear piece written in anger, and she knew it to be so when she attempted to delete it, however with photos to back up her allegations, the public come to believe it to be true and Hoo Joon's reputation is ruined.
Despite learning the truth of the pendants, Hoo Joon had asked his assistant to buy Miao Miao a present, and it was Ai Lin wishing to drive a wedge between Miao Miao and Hoo Joon who suggested the purchase of the pendant before buying an identical one herself, Miao Miao finds it impossible to face Hoo Joon again and with no where else to go in Shanghai buys a plane ticket back to her hometown, Harbin. Aboard the flight Miao Miao finds herself sitting next to Hoo Joon, he says that he is on his way to scout some locations, and suggests that they should make a film together. She agrees with a kiss.
Cast[edit]
Park Chanyeol as Hou Zhun / Hoo Joon
Yuan Shanshan as Fang Miao Miao / Lee Geun-Yeong
Seo Ju-hyun as Ai Lin / Irene
Jiang Chao as Gao Xiang
Original soundtrack[edit]
Title
Artist(s)
Peak chart positions
CHN
Billboard
V Chart
[7]
"I Hate You"
Released: June 14, 2016
Park Chanyeol & Yuan Shanshan 11
Reception[edit]
The film has grossed CN¥74.4 million in China.[1] The film ranked 4th on Weibo's "Top 10 films of 2016" year-end list, the film also has the highest number of reviews (568,878) and movie topic readership (39,900 million) among the top 10 films.
Awards[edit]
Year
Award
Category
Recipient
Result
2017 5th YinYueTai VChart Awards Best Collaboration Park Chanyeol & Yuan Shanshan (OST "I Hate You") Won
References[edit]
^ Jump up to: a b c d e "所以……和黑粉结婚了（2016）". cbooo.cn (in Chinese). Retrieved July 4, 2016.
Jump up ^ "K-pop's Seohyun stars in Chinese film". The Korea Times. November 5, 2015. Retrieved April 20, 2016.
Jump up ^ Jung Min-kyung (January 11, 2016). "Girl's Generation's Seohyun and EXO's Chanyeol to costar in movie". K-Pop Herald. Retrieved April 20, 2016.
Jump up ^ Hwang Hye-jin (October 2, 2015). "EXO′s Chan Yeol Cast as Male Lead in Chinese Movie". Newsen. CJ E&M. Retrieved April 20, 2016.
Jump up ^ Hwang Hye-jin (December 24, 2015). "EXO′s Chan Yeol Updates on Filming Movie in China". Newsen. CJ E&M. Retrieved April 20, 2016.
Jump up ^ "所以……和黑粉结婚了 (2016)". movie.douban.com (in Chinese). douban.com. Retrieved June 19, 2016.
Jump up ^ "China V Chart". Billboard.
External links[edit]
So I Married an Anti-fan on IMDb
Retrieved from "https://en.wikipedia.org/w/index.php?title=So_I_Married_an_Anti-fan&oldid=799453912"
Categories:
2016 films
Mandarin-language films
Chinese films
Chinese romantic comedy films
Films based on South Korean webcomics
Bona Film Group films
2010s romantic comedy films
Hidden categories:
CS1 Chinese-language sources (zh)
Use mdy dates from April 2016
Articles containing Korean-language text
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
Edit
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Español
Հայերեն
Bahasa Indonesia
Türkçe
Tiếng Việt
中文
Edit links
This page was last edited on 7 September 2017, at 20:37.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

values: mw-page-base noprint

values: mw-head-base noprint

value: i

values: firstHeading firstHeading en

values: siteSub noprint

values: jump-to-nav mw-jump

attrs: colspan class style

value: img

attrs: href class

attrs: colspan style

value: big

values:
/wiki/Bona_Film_Group
mw-redirect
Bona Film Group

values: background: #99FF99; color: black; vertical-align: middle; text-align: center;

values:
nofollow
external text
http://www.cbooo.cn/m/639833

values:
/wiki/K-Pop_Herald
mw-redirect
K-Pop Herald

values: -moz-column-width: 30em; -webkit-column-width: 30em; column-width: 30em; list-style-type: decimal;

values:
nofollow
http://www.imdb.com/title/tt5240372/
external text

values: Category:Films based on South Korean webcomics

values: Category:CS1 Chinese-language sources (zh)

values: Category:Articles containing Korean-language text

values: Discussion about edits from this IP address [ctrl-alt-n]

values: A list of edits made from this IP address [ctrl-alt-y]

values: You are encouraged to create an account and log in; however, it is not mandatory

values: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

values:
/wiki/So_I_Married_an_Anti-fan
View the content page [ctrl-alt-c]
c

values: Discussion about the content page [ctrl-alt-t]

values: p-namespaces navigation vectorTabs p-namespaces-label

values:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

values: Past revisions of this page [ctrl-alt-h]

values: p-views navigation vectorTabs p-views-label

values:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

values:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

values:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

values: Featured content – the best of Wikipedia

values: Find background information on current events

values:
/wiki/Special:Random
Load a random article [ctrl-alt-x]
x

values: portal navigation p-navigation p-navigation-label

values: Guidance on how to use and edit Wikipedia

values: About the project, what you can do, where to find things

values: A list of recent changes in the wiki [ctrl-alt-r]

values: portal navigation p-interaction p-interaction-label

values: List of all English Wikipedia pages containing links to this page [ctrl-alt-j]

values: Recent changes in pages linked from this page [ctrl-alt-k]

values:
/wiki/Wikipedia:File_Upload_Wizard
Upload files [ctrl-alt-u]
u

values: A list of all special pages [ctrl-alt-q]

values: Permanent link to this revision of the page

values: Link to connected data repository item [ctrl-alt-g]

values: Printable version of this page [ctrl-alt-p]

values:
uls-settings-trigger
Language settings
0
button
true

values: Այդպիսով ես ամուսնացա անտի ֆանի հետ – Armenian

values: 所以，和黑粉結婚了 – Chinese

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-So_I_Married_an_Anti-fan rootpage-So_I_Married_an_Anti-fan skin-vector action-view