NCJ Number
96489
Journal
Journal of Law Reform Volume: 17 Issue: 1 Dated: (Fall 1983) Pages: 99-120
Date Published
1983
Length
22 pages
Annotation
Citizens who are injured by a prisoner who has been compulsorily released to relieve prison overcrowding should have a tort remedy, which would be based on existing tort theory permitting suits against third parties whose negligence causes or facilitates a criminal act.
Abstract
The victim would bring suit against both the State and third parties who aided in the release decision. To support this claim, the victim would allege that State officials negligently chose the offending inmate for early release and that the State negligently maintained the unconstitutional prison conditions which precipitated the release. Compulsory release has resulted from both court decisions and legislative action requiring the release of a portion of the inmate population when prison overcrowding becomes intolerable. Although crime victims now have several recourses, none of these alternatives provide adequate compensation to a victim for injuries caused by a compulsorily released prisoner. States should avoid compulsory prisoner releases whenever possible, but should permit victims to pursue actions for injuries caused by these prisoners. The law of immunity is the main obstacle to creating such a cause of action. Until victim compensation laws provide more relief for more victims, courts and legislatures should continue to limit the doctrine of immunity and encourage the development of suits for injured victims. A total of 103 footnotes are supplied.