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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