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Parole Boards Not Equipped for Actual Innocence

Law Prof Mark Godsey of CrimProfBlog writes about the difficulties the innocent imprisoned face when going before a parole board. Parole boards want you to 'fess up. It's a sign to them that the rehabilitation process has begun. Many won't grant parole to those who continue to deny the crime. But what if you really didn't do it? Tough.

Just as tough to take is Monday's California Supreme Court decision holding that parole boards can deny parole based solely on the seriousness of the crime. In other words, the court has decided it's okay to withhold the carrot and just give prisoners the stick. This renders the concept of rehabilitation a complete nullity. The board can deny even the model prisoner.

While that may be a good thing when we're talking about Charles Manson, it's another story for someone like Leslie Van Houten. Talk about shooting yourself in the foot. California's prison system is in a horrible state of crisis and the state just took away one of the only incentives prisoners have for abiding by the rules-- a hope of early release for good behavior.

And if you don't agree with me about Van Houten, then what if it's an innocent person convicted of a horrible murder or brutal rape? The parole board now has the court's blessing to decide that nothing that inmate does while incarcerated will get him out early.

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    Re: Parole Boards Not Equipped for Actual Innocenc (none / 0) (#1)
    by scarshapedstar on Tue Jan 25, 2005 at 10:01:41 PM EST
    Hey, you know, it keeps criminals off the streets, empirical reality be d*mned.

    Re: Parole Boards Not Equipped for Actual Innocenc (none / 0) (#2)
    by wishful on Tue Jan 25, 2005 at 10:29:05 PM EST
    I don't know, but I'm betting that the guards don't like having prisons full of inmates with nothing to lose for uncooperative (at best) behavior. Our leaders are idiots.

    Our justice system seems to be regressing back to a time before there was real "justice". Great. Keep the lumpenproletariat (I love that word!) so busy fighting about us vs. them (black/white, gay/straight, religious/secular, barely haves/can't quite make its, south/north, victims/abusers)that they can't see the drain of their money and liberty. We're getting conned out of our country. WAKE UP!!! LOOK AROUND YOU!!! AND DO SOMETHING!!!

    The guards like the prisons full, nay over capacity. They and other members of the prison industry depend on criminals and incarceration. It's called job security. So the powerful cop and guard lobbies back anything likely to result in lengthy sentences for lots of people.