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NCJRS Abstract

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NCJ Number: 35562 Find in a Library
Title: BRINGING THE RULE OF LAW TO PAROLE
Journal: CLEARINGHOUSE REVIEW  Dated:(MARCH 1975)  Pages:769-775
Author(s): R H LOEWENSTEIN
Corporate Author: American Bar Assoc
Cmssn on Correctional Facilities and Services
United States of America
Date Published: 1975
Page Count: 7
Sponsoring Agency: American Bar Assoc
Washington, DC 20036
Format: Article
Language: English
Country: United States of America
Annotation: BASED ON A SURVEY OF STATE PAROLE BOARDS, THIS ARTICLE OUTLINES CURRENT PAROLE BOARD PRACTICES WHICH HAVE BEEN INSTITUTED SINCE THE U.S. SUPREME COURT DECISION IN MORRISSEY V. BREWER (1972).
Abstract: THE MORRISSEY DECISION HELD THAT PAROLE COULD NO LONGER BE CONSIDERED A MATTER OF 'GRACE' WHICH THE STATE COULD REVOKE AT WILL. THE COURT ALSO HELD THAT THE INMATE MUST BE GIVEN AN 'ORDERLY PROCESS' BEFORE PAROLE MAY BE REVOKED, SUCH AS PRELIMINARY HEARINGS TO DETERMINE PROBABLE CAUSE AND REVOCATION HEARINGS. SURVEY RESPONSES WERE RECEIVED FROM FORTY STATES, INCLUDING THE DISTRICT OF COLUMBIA. IT WAS FOUND THAT IF THE STATES APPLY THEIR REGULATIONS AS WRITTEN, MOST APPEAR TO BE IN STRICT COMPLIANCE WITH THE REQUIREMENTS OF MORRISSEY. THE MOST COMMON VARIATIONS FOUND CONCERNED WHETHER WITNESSES MAY BE SUBPOENAED AND PLACED UNDER OATH. ALTHOUGH MORRISSEY DID NOT MENTION EITHER OF THESE REQUIREMENTS, SIX OF THE RESPONDING STATES NOW ALLOW A PAROLEE TO ISSUE A SUBPOENA FOR WITNESSES AT A REVOCATION HEARING, AND FIVE STATES PROVIDE FOR TESTIMONY TO BE GIVEN UNDER OATH. THE REMAINDER OF THE RESPONDING STATES ALLOW VOLUNTARY WITNESSES AND UNSWORN TESTIMONY. INNOVATIVE STEPS TAKEN IN PARTICULAR STATES ARE BRIEFLY DESCRIBED. LEGAL DEVELOPMENTS IN THE AREAS OF BAIL PENDING REVOCATION, REVOCATION FOLLOWING ACQUITTAL OF CRIMINAL CHARGES, AND RIGHT TO COUNSEL ARE ALSO DISCUSSED. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Constitutional Rights/Civil Liberties; Judicial decisions; Parole; Parole board; Parole hearing; Parolees rights; Revocation; Surveys; US Supreme Court
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