Robert Dennison, the state's chairman
of parole under Gov. George Pataki, said it is critical that the public understands that clemency doesn't release a person from prison but makes them eligible to be heard before the parole board sooner.
Not exact matches
Nearly one in three African American males aged 20 — 29 are
under some form
of criminal justice supervision whether imprisoned, jailed, on
parole or probation.
But before we examine the shifting tides
of correctional philosophy, let us spend a few moments to consider the old - fashioned, much - maligned, now vanishing
parole system
under which Liam began his sentence.
Now, the Virginia Department
of Criminal Justice Services reports, «a large number
of violent offenders are serving two, three or four times longer
under truth - in - sentencing than criminals who committed similar offenses
under the
parole system.»
«The charge was a kilo
of cocaine,» he says, «automatic life
under the Rockefeller Laws, but, luckily for me, it came with
parole.
Martinez is also an opely gay LGBTQ advocate and a former assistant to the chairman
of the
parole board
under the Mario Cuomo administration.
«Meanwhile, the state Senate
under my leadership will reject any
Parole Board nominees put forward by Governor Cuomo who share his vision
of putting the rights
of violent convicted criminals ahead
of the rights
of law - abiding citizens,» Flanagan said in the statement on Tuesday.
«The state Senate
under my leadership will reject any
Parole Board nominees put forward by Governor Cuomo who share his vision
of putting the rights
of violent convicted criminals ahead
of the rights
of law - abiding citizens,» Flanagan said in a statement.
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.
The legal odyssey
of rapper Meek Mill has been a long and tortured one, built out
of parole violations, judges
under federal investigation, and the occasional hopeful highlight, as when Mill was released on bail just a few weeks ago.
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.
As Michelle Alexander noted in The New Jim Crow: Mass Incarceration in the Age
of Colorblindness, «More African Americans are
under correctional control today — in prison or jail, on probation or
parole — than were enslved in 1850.»
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.
Ultimately, the court upheld Jamie Gladue's sentence
of three - years imprisonment and noted that she had received
parole after six months
under controlled - release provisions.
Criminal Law:
Parole Canada (Attorney General) v. Whaling (B.C.C.A., Nov. 2, 2012)(35024) Mar. 20, 2014 The retrospective application of delayed day parole eligibility violates the s. 11 (h) right not to be «punished... again», and is not justified under
Parole Canada (Attorney General) v. Whaling (B.C.C.A., Nov. 2, 2012)(35024) Mar. 20, 2014 The retrospective application
of delayed day
parole eligibility violates the s. 11 (h) right not to be «punished... again», and is not justified under
parole eligibility violates the s. 11 (h) right not to be «punished... again», and is not justified
under s. 1.
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.
While on statutory release, an offender is still serving a «jail sentence» but in the community
under direct supervision
of their
parole officer.
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.
The appellants sought early release and had been denied an oral hearing by the
Parole Board
under the operation
of the statutory regime (detailed in paras 3 - 17).
Significantly, Whaling was a Section 11 (h) case in which the Supreme Court
of Canada was asked to consider whether automatically lengthening the incarceration period
under Section 10 (1)
of the Abolition
of Early
Parole Act constituted additional punishment.
Extended incarceration is an «objectively ascertainable effect»
of changes to the
parole system under the Abolition of Early Parole Act — crucially, the British Columbia Court of Appeal found that the change occurred between the time of the offences and the time of sente
parole system
under the Abolition
of Early
Parole Act — crucially, the British Columbia Court of Appeal found that the change occurred between the time of the offences and the time of sente
Parole Act — crucially, the British Columbia Court
of Appeal found that the change occurred between the time
of the offences and the time
of sentencing.
Since the abolition
of «accelerated
parole review» constituted «punishment» (substantially increased the risk
of additional incarceration), the offenders were entitled to the «lesser» punishment
under Section 11 (i).
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.
Under s. 2.1
of the Criminal Records Act, R.S.C., 1985, c. C - 47, the
Parole Board
of Canada «has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.»
Under s. 2.1
of the Criminal Records Act, R.S.C., 1985, c. C - 47, the
Parole Board
of Canada «has exclusive jurisdiction and absolute discretion to order, refuse... [more]
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.
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.
Over half the male Koori prisoners received
under sentence in 2013 - 14 came into prison as a result
of their
parole being cancelled.
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.
Nearly seven million Americans are
under some form
of correctional supervision (incarceration,
parole, probation).