Parole Commission Statement on Use of 'Offense Behavior' (From Sentencing Defense Manual, App.3B-1 to App.3B-3, 1988, by Marcia G Shein -- See NCJ-115227)

• NCJ Number: 115233
• Author(s): M G Shein
• Date Published: 1988
• Length: 3 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: Reprinted from US Department of Justice, US Parole Commission Rules and Procedures Manual, April 1987, at 28 C.F.R. 2.20.

Annotation

This appendix reproduces the text of the Parole Commission statement on the use of unadjudicated offense information in parole decisionmaking.

Abstract

This issue arises because convictions often are not obtained on the most serious charges, primarily because of plea bargaining or because State charges are often dropped when Federal prosecution on a less serious charge is commenced. It is the Commission's view that a wide scope of information about the criminal transaction underlying a conviction must be considered if parole decisions are to be responsible. Without such information, parole decisions would not reflect a realistic understanding of either the seriousness of the offense or the relative danger that an offender's release may pose to the public safety. In addition, consideration of such information can prevent disparities in prosecutorial practices from being transferred when the offender is released from prison. If the terms of the plea agreement would to a large extent predetermine the sentence, this would place an unacceptable degree of discretionary authority in the hands of prosecutors.