NCJ Number
7470
Journal
California Law Review Volume: 60 Issue: 6 Dated: (NOVEMBER 1972) Pages: 1518-1556
Date Published
1972
Length
39 pages
Annotation
INQUIRY INTO THE NATURE AND PURPOSE OF PAROLE, THE DETERMINANTS OF PAROLE GRANTING DECISIONS AND THE METHOD BY WHICH THEY ARE MADE, AND DUE PROCESS STANDARDS.
Abstract
THE PAROLE-GRANTING PROCESS MUST CONFORM TO APPROPRIATE DUE PROCESS SAFEGUARDS BECAUSE IT CANNOT BE DISTINGUISHED IN PRINCIPLE FROM SEVERAL OTHER POST-CONVICTION PROCEEDINGS IN WHICH DUE PROCESS REQUIREMENTS APPLY. SEVERAL INCIDENTS OF DUE PROCESS ARE SUGGESTED AS APPROPRIATE AND USEFUL AT PAROLE-GRANTING PROCEEDINGS, IN LIGHT OF THE INTERESTS OF THE OFFENDER AND THE LEGITIMATE NEEDS OF THE STATE. THESE INCLUDE THE RIGHT TO A NOTICE OF THE PROCEEDINGS, THE RIGHT TO BE HEARD BEFORE THE PAROLE BOARD, THE RIGHT TO COUNSEL, AND JUDICIAL REVIEW OF PAROLE DECISIONS. (AUTHOR MODIFIED)