NCJ Number
5336
Journal
Albany Law Review Volume: 36 Issue: 2 Dated: (WINTER 1972) Pages: 257-304
Date Published
1972
Length
48 pages
Annotation
THE MAJOR LEGAL CHALLENGE TO PAROLE TODAY IS NOT DIRECTED TO THE PROPRIETY OF THE CONCEPT ITSELF, BUT TO ITS ADMINISTRATION.
Abstract
THE PAROLE PROCESS IS NOT TREATED AS A UNITARY WHOLE BY THE COURTS. RATHER, EACH OF ITS MAJOR DECISION STAGES, RELEASE, CONDITIONS OF SUPERVISION, AND REVOCATION, HAVE ELICITED SEPARATE APPELLATE LITIGATION. THE DIFFERING RESULTS FOR EACH STAGE ARE DISCUSSED IN A REVIEW OF RECENT CASES. CHANGE IN THE PAROLE PROCESS. WHETHER BECAUSE OF COURT INTERVENTION OR IN SPITE OF IT, WILL CONTINUE. IF PAROLE ADMINISTRATORS ARE TO EFFECT THE DIRECTION OF THAT CHANGE, THERE ARE STEPS WHICH THEY MIGHT TAKE IN POLICY FORMATION AND ADMINISTRATIVE ORGANIZATION TO AVOID THE IMPOSITION OF STRINGENT JUDICIAL DECREES. SOME OF THESE POSSIBLE STEPS ARE INCLUDED AND DISCUSSED. AUTHOR MODIFIED