+ Reply to thread
Results 1 to 11 of 11

Thread: Is parole a right?

  1. #1
    Curmudgeon OtakuLoki's avatar
    Registered
    Mar 2009
    Location
    Rochester, NY
    Posts
    2,836

    Default Is parole a right?

    A simple question, really. When someone is sentenced to a jail term, especially something with an indeterminate sentence, like 25-to-life, is paroling the offender a requirement, provided they meet the requirements to be eligible for parole?

    The impetus for this is the news that Leslie Van Houten, the Manson Family member, is up for parole again.

    I really don't have strong feelings, one way or the other, about Leslie Van Houten's parole hearing. If the parole board does decide the noteriety of her crime is sufficient reason to keep her in prison, I won't feel that an injustice has been done; but by the same token, if she is released, I won't feel a grave injustice has been done.

    What I do feel strongly about is the recognition that parole is not an absolute right - it is a privilege, and something that the state can use as a carrot to encourage good behavior in jail, without entering into a contract to guarantee it for any specific convict. However, while that's my gut feeling, I'll admit it's also a position that's prone to potential abuse.

    I'd love to hear other people's opinions on this topic.

  2. #2
    Elen síla lumenn' omentielvo What Exit?'s avatar
    Registered
    Feb 2009
    Location
    Central NJ (near Bree)
    Posts
    10,071

    Default

    Of course it is not a right. It is a reward for good behavior. Also of course it is prone to abuse. This second part is sad.

  3. #3
    Jesus F'ing Christ Glazer's avatar
    Registered
    Mar 2009
    Location
    Atlanta, Ga. U.S.A. (Male)
    Posts
    1,485

    Default

    There are many abuses in the penal system much greater than the awarding of parole. I have on direct experience with the parole system* but it is my understanding that the Parole Board are civilians separate from Prison Administration this would require a separate level of conspiracy. Wile not ruling it out, it does add more difficulty of execution to such corruption.





    *I'll say nothing here about Probation.
    Last edited by Glazer; 06 Jul 2010 at 11:55 PM. Reason: Must remember correct capitalization. I'm still not sure I got it right.
    Welcome to Mellophant.

    We started with nothing and we still have most of it left.

  4. #4
    Curmudgeon OtakuLoki's avatar
    Registered
    Mar 2009
    Location
    Rochester, NY
    Posts
    2,836

    Default

    Oh, I agree that if anything it's a more abstract sort of abuse, if abuse it is. I was thinking more of situations where crimes against white, affluent persons are treated much more harshly by the parole board than similar crimes against minorities or poor persons. Or famous criminals getting treated differently than the general run of criminals.

  5. #5
    Jesus F'ing Christ Glazer's avatar
    Registered
    Mar 2009
    Location
    Atlanta, Ga. U.S.A. (Male)
    Posts
    1,485

    Default

    Of course unequal treatment under the law is always abhorrent. I can't decide which is worse. When famous criminals are given favorable treatment or held to a higher standard. One is a lack of justice wile the other is a travesty of it.

    A Parole Board's treatment of minority cases, usually is the final sick joke in a long comedy of misjustice, from arrest and plea bargaining to sentencing and treatment in prison by admin. The Criminal Justice System is rife with bigots and racist. It needs to be purged of the most gregarious offenders and have strict enforcement of equal treatment of prisoners as was done for minority servicemen under President Eisenhower in the Fifties.
    Welcome to Mellophant.

    We started with nothing and we still have most of it left.

  6. #6
    Elen síla lumenn' omentielvo What Exit?'s avatar
    Registered
    Feb 2009
    Location
    Central NJ (near Bree)
    Posts
    10,071

    Default

    Can't prison officials trump up issues with a prisoner to spoil the chance for parole? I would think this is where the abuse would come into play.

  7. #7
    Free Exy Cluricaun's avatar
    Registered
    Feb 2009
    Location
    Elgin IL
    Posts
    3,641

    Default

    Quote Originally posted by Glazer View post
    There are many abuses in the penal system much greater than the awarding of parole.
    No point in quoting this part beyond the fact that this needs to be seen and heard as many times as possible.

    Parole is not a right by almost any definition. A parole date is simply a review date of your sentance to see if any "progress" has been made by the inmate over the course of their incarceration that may allow a limited test release of the inmate back into society.

    Quote Originally posted by What Exit?
    Can't prison officials trump up issues with a prisoner to spoil the chance for parole? I would think this is where the abuse would come into play.
    Yes, although there are so many rules and regulations in place in corrections that it's almost impossible for anyone not to infract some of them eventually. Also prison life can be so difficult and daunting that many inmates end up catching more cases while already inside that they'll never see the light of day again. Self defense isn't a concept in prison as far as prison officials are concerned, someone who is attacked and defends themselves will often find themselves charged with additional felony charges.......of which they have almost no chance of beating as they're already inmates and therefore already "guilty" to begin with.
    Hell, if I didn't do things just because they made me feel a bit ridiculous, I wouldn't have much of a social life. - Santo Rugger.

  8. #8
    Elephant Feirefiz's avatar
    Registered
    Feb 2009
    Location
    Germany
    Posts
    802

    Default

    Quote Originally posted by OtakuLoki View post
    A simple question, really. When someone is sentenced to a jail term, especially something with an indeterminate sentence, like 25-to-life, is paroling the offender a requirement, provided they meet the requirements to be eligible for parole?
    I think that depends on the exact legal basis for parole in a particular jurisdiction. I wouldn't rule out either answer as long as it is legally correct.

    For example under our laws the answer is simple. Parole is a right when the conditions are met. Although these conditions allow some latitude in practice the general principles are outlined in law for everyone to read. Every responsible citizen should know that the popularly quoted numbers come with some small print attached.

    Parole is absolutely not a form of pardon.

  9. #9
    Oliphaunt
    Registered
    Feb 2009
    Posts
    5,174

    Default

    Parole is not a right; it's a reward. But as everyone else has mentioned, the American penal system is so completely fucked, any issues with parole specifically are far down on the list of things that need changing.

    As far as the Leslie Van Houten thing goes - my (admittedly cursory) impression of the situation is that she would have been released years ago if she wasn't so notorious. Murderers are paroled every day.

  10. #10
    Free Exy Cluricaun's avatar
    Registered
    Feb 2009
    Location
    Elgin IL
    Posts
    3,641

    Default

    Quote Originally posted by Feirefiz View post
    For example under our laws the answer is simple. Parole is a right when the conditions are met. Although these conditions allow some latitude in practice the general principles are outlined in law for everyone to read. Every responsible citizen should know that the popularly quoted numbers come with some small print attached.
    It's emphatically not a right. All the conditions for parole can be met, and parole can still be denied based off of the whims of the parole board. There is nothing that can force that hand. You can be as eligable as the day is long to recieve it, but if you're a high profile case you can expect to be denied for no reason beyond the fact that they don't like you, your orignal charge, comments from victims families, etc.
    Hell, if I didn't do things just because they made me feel a bit ridiculous, I wouldn't have much of a social life. - Santo Rugger.

  11. #11
    Elephant Feirefiz's avatar
    Registered
    Feb 2009
    Location
    Germany
    Posts
    802

    Default

    Quote Originally posted by Cluricaun View post
    It's emphatically not a right. All the conditions for parole can be met, and parole can still be denied based off of the whims of the parole board. There is nothing that can force that hand. You can be as eligable as the day is long to recieve it, but if you're a high profile case you can expect to be denied for no reason beyond the fact that they don't like you, your orignal charge, comments from victims families, etc.
    Sorry, perhaps I should have made that clearer. That was meant to be an exclusive 'our' i.e. I was talking about German law as a specific example.

    Here it is indeed a right. For example we have a recent supreme court decision overturning a refusal with insufficient justification. That decision also confirms that the burden to provide justification is on the court although that wasn't even disputed.

    As for unpopular paroles in high profile cases I give you Peter-Jürgen Boock, Red Army Faction terrorist sentenced to life for a whole list of crimes and suspected of more, who is happily doing the talk show circuit.

+ Reply to thread

Posting rules

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts