NCJ Number
34442
Journal
Minnesota Law Review Volume: 60 Issue: 2 Dated: (JANUARY 1976) Pages: 341-378
Date Published
1976
Length
38 pages
Annotation
THIS NOTE EXPLORES ISSUES RAISED IN CIRCUIT COURTS OF APPEALS DECISIONS REGARDING THE NECESSIRY OF REQUIRING DUE PROCESS IN THIS CONTEXT AND THE AMOUNT OF PROCESS THAT IS DUE.
Abstract
THE POTENTIAL PAROLEE'S INTERESTS IN BEING DEPRIVED OF LIBERTY AND PROPERTY IN PAROLE RELEASE PROCEEDINGS ARE SHOWN TO BE SIGNIFICANT AND CONSTITUTIONALLY PROTECTED. EACH PROCEDURAL SAFEGUARD THAT MIGHT BE EXTENDED TO INMATES SEEKING PAROLE IS THEN ASSESSED BY DETERMINING WHETHER IT IS SUPPORTED BY CASE LAW AND WHETHER, IN VIEW OF THE PERTINENT PRISONER AND GOVERNMENT INTERESTS, IT OTHERWISE MERITS CONSTITUTIONAL STATUS. THE PROCEDURAL PROTECTIONS CONSIDERED ARE THE OPPORTUNITY TO BE HEARD AND TO PRESENT WITNESSES AND DOCUMENTARY EVIDENCE, NOTICE OF HEARING AND ACCESS TO THE EVIDENCE TO BE CONSIDERED BY THE BOARD, CONFRONTATION AND CROSS-EXAMINATION OF ADVERSE WITNESSES, A WRITTEN STATEMENT OF THE EVIDENCE RELIED ON AND THE REASONS FOR DENYING PAROLE, AND THE RIGHT TO COUNSEL. THIS NOTE ALSO OUTLINES THE SALIENT FEATURES OF THE UNITED STATES PAROLE BOARD'S NEW 1975 RULES GOVERNING FEDERAL PAROLE PROCEEDINGS AND COMMENTS ON THE EXTENT TO WHICH THEY ARE DESIRABLE AND IN CONFORMITY WITH THE CONSTITUTION. IT CONCLUDES THAT ALTHOUGH THESE FEDERAL RULES TAKE A DESIRABLE STEP TOWARD SECURING THE RIGHTS OF PRISONERS, THEIR PROVISIONS WITH RESPECT TO THE CALLING OF WITNESSES, CONFRONTATION, AND CROSS-EXAMINATION MAY BE UNCONSTITUTIONAL, AND THEIR NONDISCLOSURE PROVISIONS MAY BE UNCONSTITUTIONALLY APPLIED.