PAROLE - AN INTEREST IN DUE PROCESS

• NCJ Number: 39274
• Journal: Capital University Law Review Volume: 6 Issue: 2 Dated: (1976) Pages: 205-233
• Author(s): L A JACOBS
• Date Published: 1976
• Length: 29 pages
• Corporate Author: Capital University Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN MORRISSEY V. BREWER (1972), THE SUPREME COURT EXTENDED DUE PROCESS PROTECTION TO A PAROLEE'S INTEREST IN THE CONDITIONAL FREEDOM OF POST-RELEASE PAROLE.

Abstract

THE COURT NOW MUST DECIDE, HOWEVER, WHETHER THAT PROTECTION ADHERES WHEN A PAROLE BOARD RENDERS THE INITIAL PAROLE DETERMINATION OR RESCINDS A FAVORABLE DETERMINATION PRIOR TO RELEASE OF THE PRISONER ON PAROLE. THIS ARTICLE FOCUSES ON TWO CONSTITUTIONAL STANDARDS GOVERNING APPLICATION OF THE DUE PROCESS CLAUSE - THE GRIEVOUS LOSS TEST AND THE ANCHOR TEST. THE GRIEVOUS LOSS TEST INVOKES DUE PROCESS PROTECTION WHEN DEPRIVATION OF AN INTEREST IS CONSIDERED SUFFICIENTLY SIGNIFICANT TO WARRANT SUCH PROTECTION. THE ANCHOR TEST (A PRODUCT OF THE AUTHOR'S INTERPRETATION OF EVOLVING CONSTITUTIONAL LAW) PRODUCES SUCH PROTECTION WHEN THE SOURCE CREATING THE DEPRIVED INTEREST CONDITIONS THE INTEREST ON A DETERMINATION FOR WHICH SOME PROCESS IS DUE. THE STANDARDS ARE ANALYZED AGAINST A JUDICIAL BACKGROUND OF PRERELASE PAROLE DECISIONS AND THE DUE PROCESS CASES FROM WHICH THEY HAVE EVOLVED. FINALLY, THE STANDARDS ARE APPLIED TO THE PAROLE GRANT AND RECISION ISSUES WHICH THE SUPREME COURT WILL ULTIMATELY RESOLVE. (AUTHOR ABSTRACT)...ELW