NCJ Number
53595
Journal
Fordham Law Review Volume: 47 Issue: 2 Dated: (NOVEMBER 1978) Pages: 260-275
Date Published
1978
Length
16 pages
Annotation
THE QUESTION OF WHETHER INMATES SHOULD BE PERMITTED ACCESS TO THEIR FILES PRIOR TO PAROLE RELEASE HEARINGS IS ADDRESSED.
Abstract
AN ANALYSIS OF THE ROLE OF THE INMATE'S FILE IN THE RELEASE HEARING CONCLUDES THAT, IN LIGHT OF THE SIGNIFICANCE OF THAT ROLE IN THE PAROLE DECISIONMAKING PROCESS, THE INMATE HAS A VITAL INTEREST IN INSPECTING THE INFORMATION IN HIS OR HER FILE IN ORDER TO EXPOSE OR REBUT INACCURATE OR MISLEADING INFORMATION. IN CONSIDERING WHETHER THE PRISONER HAS AN INTEREST IN THE PAROLE RELEASE HEARING THAT WOULD WARRANT DUE PROCESS PROTECTION, TWO THEORIES ARE EXPLORED: ONE BASED ON THE 'CONDITIONAL LIBERTY' OFFERED BY PAROLE AND THE OTHER ORIGINATING FROM STATE STATUTES MANDATING THAT INMATES BE CONSIDERED FOR PAROLE AFTER THEY COMPLETE SPECIFIED PORTIONS OF THEIR SENTENCES. THE CONDITIONAL LIBERTY THEORY OFFERS A BROADER APPROACH IN THAT IT EMPHASIZES THE INMATE'S RIGHT TO A FAIR HEARING AND APPLIES REGARDLESS OF WHETHER THE INMATE'S CONSIDERATION FOR PAROLE IS MANDATED BY STATUTE. THE BENEFITS AND BURDENS ASSOCIATED WITH PERMITTING INMATES ACCESS TO FILES PRIOR TO PAROLE HEARINGS ARE ANALYZED. IT IS CONCLUDED THAT PERMITTING INMATES TO INSPECT THEIR PAROLE FILES WILL RESULT IN FAIR AND NONARBITRARY PAROLE HEARINGS AND WILL ENGENDER INFORMED RELEASE DECISIONS THAT WILL BRING REDUCTIONS IN RECIDIVISM. SOCIETY'S INTERESTS IN THE EFFICIENT ADMINISTRATION OF PAROLE AND IN THE RETURN OF INMATES TO THE COMMUNITY WILL BE SERVED. (LKM)