NCJ Number
53712
Date Published
1976
Length
9 pages
Annotation
THE UNITED STATES BOARD OF PAROLE RESEARCH UNIT EXAMINED THE EFFECT OF REPRESENTATION AT PAROLE HEARINGS ON DECISION OUTCOMES USING DATA FROM 1,100 CASES.
Abstract
AS PART OF A PILOT PROJECT, THE IDEA OF INMATE REPRESENTATION AT PAROLE BOARD HEARINGS WAS EXAMINED. SPECIFICALLY, TWO QUESTIONS WERE POSED: (1) DOES THE PRESENCE OF A REPRESENTATIVE AFFECT THE DECISION OUTCOME? AND (2) IF SO, DOES THIS EFFECT VARY WITH THE TYPE OF REPRESENTATIVE? TO CONTROL FOR A POSSIBLE INTERACTION EFFECT OF REPRESENTATION BY THE TYPE OF INMATE, THE CONCEPT 'EXPECTED TIME TO BE SERVED' WAS INTRODUCED. THIS CONCEPT CONSISTED OF TWO DIMENSIONS: (1) SEVERITY OF THE COMMITMENT OFFENSE AND (2) THE SALIENT FACTOR SCORE WHICH CONCERNS PROBABLE RISK TO THE COMMUNITY IF RELEASED. DATA WERE COLLECTED ON ALL INITIAL HEARINGS IN THE PILOT PROJECT FOR A 10-MONTH PERIOD. THE USE OF EXPECTED TIME TO BE SERVED AS A CONCEPT NECESSITATED THE EXCLUSION OF CASES FOR WHICH GUIDELINES WERE NOT AVAILABLE. CASE EXCLUSIONS REDUCED THE SAMPLE SIZE FOR INITIAL HEARING FROM 1,739 TO 1,100 CASES. IT WAS FOUND THAT REPRESENTATION DOES AFFECT PAROLE DECISIONS. ADULTS WITH REPRESENTATIVES SERVED AN AVERAGE OF A MONTH AND A HALF LESS TIME THAN THOSE WITHOUT REPRESENTATIVES. YOUTHS WITH REPRESENTATIVES SERVED SLIGHTLY LESS THAN THE MEAN TIME WHILE THOSE WITHOUT REPRESENTATIVES SERVED OVER A MONTH LONGER THAN THE MEAN. THE OVERALL DIFFERENCE WAS STATISTICALLY SIGNIFICANT AT THE 0.01 LEVEL. ALL TYPES OF REPRESENTATIVES, EXCLUDING INMATE REPRESENTATIVES, INCREASED THE CHANCES OF PAROLE. ONLY ONE TYPE, HOWEVER, INSTITUTIONAL STAFF, PROVED TO BE STATISTICALLY SIGNIFICANT. IT IS SUGGESTED THAT THE DECIDING FACTOR IN ALLOWING REPRESENTATION OUGHT TO BE ETHICAL RATHER THAN SCIENTIFIC; DEMANDS FOR FAIRNESS AND PROPRIETY MAY REQUIRE REPRESENTATION IRREGARDLESS OF THE EFFECT THAT IT MAY HAVE ON DECISION OUTCOME. ONE TABLE IS PROVIDED. (AUTHOR ABSTRACT MODIFIED--MLC)