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PAROLE - A CRITIQUE OF ITS LEGAL FOUNDATIONS (FROM PROBATION AND PAROLE - SELECTED READINGS, 1970, JOHN WILEY & SONS - SEE NCJ-03284)

NCJ Number
3434
Journal
New York University Law Review Volume: 38 Issue: 2 Dated: (JUNE 1963) Pages: 702-739
Author(s)
M GOTTESMAN; L L HECKER
Date Published
1963
Length
19 pages
Annotation
IN PAROLE, THE COURTS HAVE AVOIDED THE DICHOTOMOUS ISSUE BETWEEN THE PUBLIC SAFETY AND CONSTITUTIONAL GUARANTEES BY RESORTING TO THREE PAROLE THEORIES.
Abstract
THESE THEORIES INCLUDE GRACE, CONTRACT-CONSENT, AND CUSTODY, AND ONCE THE APPROPRIATE THEORY IS APPLIED THE CONSTITUTIONAL ISSUE IS AVOIDED, TO THE DETRIMENT OF THE PAROLEE AND HIS LIBERTY. THIS ARTICLE COMPREHENSIVELY EXAMINES THE JUDICIAL RESPONSES TO PAROLE BY APPLICATIONS OF THE THEORIES.

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