Not exact matches
In California, with the nation's largest prison system, a federal district court found in 2005 that the
parole board «operated
under a sub rosa policy that all murderers [typically serving life terms] be found unsuitable
for parole.»
«The charge was a kilo of cocaine,» he says, «automatic life
under the Rockefeller Laws, but, luckily
for me, it came with
parole.
Grantees
under DACA can not apply
for advanced
parole and those with deportation orders should seek legal advice from a lawyer or representative with proper credentials as soon as possible.
Under her previous sentence, she would not have been eligible
for parole until she was 106.
It would keep children
under the age of 18 out of adult prisons, ensure the presence of a parent or guardian during questioning and sentencing and ensure a juvenile will not be imprisoned
for breaking
parole — given they are not a danger to others — as well as require family support centers and special care
for children with significant behavioral health issues.
It is a hell of a plight, after all, as originally sketched in Victor Hugo's 1,400 - page historical novel: Sentenced to 19 years in jail
for stealing a loaf of bread to feed his sister's family, the stolid, pious Valjean breaks
parole upon his release and goes on to become a respectable small - town mayor
under an assumed name.
Thus in Secretary of State
for the Home Department, e x parte Doody [1994] 1 AC 531, [1993] 3 All ER 92, where the issue was whether the home secretary was
under a duty to give reasons
for a decision relating to the prescribed period which a mandatory life sentence prisoner must serve before being eligible
for parole, the House of Lords held that the decision in question was sufficiently important
for it to be accompanied by reasons.
Under CJA 1991, long - term prisoners are eligible to apply
for parole after half of the sentence has been served, and automatic release at the 2/3 point.
Criminal Law: Pre-Sentence Credit R. v. Carvery (N.S.C.A., Oct. 3, 2012)(35115) Ineligibility
for early release /
parole may justify pre-sentence credit
under the Truth in Sentencing Act.
Under the original second - degree murder convictions, Jordan and Magoon had been sentenced to life in prison without
parole for a minimum of 17 years.
The state of Alaska refused to permit the testing
under its general post-conviction statute because DNA testing had been available, Osborne had admitted guilt to some of the crimes in an application
for parole, and no constitutional right to obtain DNA post-conviction testing existed.
Under this statutory instrument, the only circumstances where legal aid was available were as follows:
parole board hearings where there is the potential
for immediate release, external adjudications where additional days of imprisonment can be added to the individual's sentence; and sentence calculations where internal procedures
for settling disputes have been exhausted.
R. v. Carvery, 2012 NSCA 107 (35115) Ineligibility
for early release /
parole may justify pre-sentence credit
under the Truth in Sentencing Act.
The Court of Appeal found that a change of the terms
under which an already - sentenced prisoner would be eligible
for parole requiring him or her to spend more time in prison was, indeed, a form of punishment, and thus a violation of the Charter, which in its view the government failed to justify
under s. 1.
The existence of measures to allow and encourage a person servicing a sentence of imprisonment
for public protection imposed
under the Criminal Justice Act 2003 (CJA 2003), s 225 to progress is as inherent in the justification
for his continued detention as the
Parole Board reviews themselves; without them detention falls to be condemned as unlawful as if there were no such reviews at all.
Under that regime, prisoners were required to serve a minimum term — known as the tariff — before becoming eligible
for parole.
Additional difficulties are also involved in prisoners being cut off waiting lists
for public housing, through being incarcerated and hence
under «state care» already and the fact that prisoners currently inside incarceration are often not aware of the exact time they may be released (pending
parole etc) and so are unable to apply
for public housing while within prison.
It makes
for a terrible pathway to prison: according to Victoria's Youth
Parole Board, 62 per cent of its clients are or have been
under Child Protection.