a conditional release of inmates by a parole board prior to the expiration of their sentence.
credits against a sentence that allowed inmates to be released once they earned the required level of marks through work and good behavior
first stage of the mark system which emphasized punishment and included solitary confinement and a diet of bread and water
second stage of the mark system which allowed inmates to associate and begin to earn marks through work, program participation, and good behavior. Poor behavior resulted in an increase in the number of marks required for release.
third stage of the mark system which inmates were grouped and held jointly responsible for the conduct of each other, as a way to begin the process of living responsibly in society.
Ticket of leave
fourth stage of the mark system which prisoners earning the required level of marks received a conditional pardon and were released to the community
This is when the idea of rewarding good behavior with reductions in the time served was initiated.
David Fogel 1975
liberal former correctional official; argued that treatment in prison was a myth, and parole board discretion was unpredictable and unfair to inmates.
proposed by Fogel, this suggested:
- A return to flat, determinate sentences, with procedural rules to limit sentencing discretion
- The elimination of parole boards and parole agencies
- Making all treatment programs strictly voluntary
in 1977, the use of parole reached its peak as more than ___ of prisoners were released on discretionary parole
Use of discretionary parole
or release from prison to community supervision by the decision of a parole board, after completing the minimum portion of an indeterminate sentence. Parolees are required to meet certain conditions as a stipulation of their release and are subject to being returned to prison if they violate the conditions or commit another offense
Supervised mandatory release
(mandatory parole): a type of release in which inmates serve a determinate sentence and then are released, but with a period of supervision to follow.
Unconditional mandatory release
(expiration of sentence): a form of release in which inmates serve the full portion of their sentence and have no supervision after release from prison
Three major steps in the sentencing and release process for discretionary parole
1) An indeterminate sentence with a minimum time to serve before parole eligibility and a maximum term to be served if not paroled
2) Consideration of release by a parole board authorized to conditionally release offenders
3)Supervision in the community under specific conditions
Greenholz v. Inmates of the Nebraska Penal and Correctional Complex
the U.S. Supreme Court determined that parole was legally considered a privilege and not a right, and full due-process rights need not be afforded.
Presumptive parole date
a date the inmate can expect to be released on parole, even if it is several years later than the hearing
"The Corrections Yearbook" reports a total of ______ parolees successfully terminated from supervision during 2001.
failure to follow conditions of parole supervision. If the offender has committed a new crime, the officer usually receives a notice of arrest and charges from the local police and prosecutor
Morrissey v. Brewer
U.S. Supreme Court decision that once parole is granted, a liberty interest is created, and offenders must have certain due process to revoke that liberty
The limited due process that must be followed in the revocation process includes:
-The parolee is provided advance written notice of the alleged violation and the evidence of the violation
- The parolee must have the opportunity to attend the hearing and present witnesses and documentary evidence
-The parolee has the right to confront and cross-examine adverse witnesses.
- A neutral and detached body must hold the hearing
- The parolee must receive a written decision of the hearing body, as well as the evidence relied upon to revoke the parole.
this is when New York became the first state to stop hanging offenders and introducing a new method of execution-the electric chair.
In re Kemmler (1890)
decided that the electric chair was not cruel and unusual punishment since it produced an instantaneous and painless death
Powell v. Alabama (1932)
the Supreme Court overturned the death sentence of seven black boys accused of raping two white women b/c the defendants weren't given reasonable time and opportunity to secure counsel in their defense
Francis v. Resweber (1947)
the Supreme Court addressed the issue of the constitutionality of being executed twice. They found that a mechanical failure did not make a subsequent second attempt a violation of the Eighth Amendment
Trop v. Dulles (1958)
the Supreme Court stated that a particular method of execution must meet the evolving standards of decency test in order to avoid being considered cruel and unusual punishment
Furman v. Georgia (1972)
the Supreme Courtconsidered whether the death penalty violated Eighth Amendment prohibition on cruel and unusual punishment. There was a period of 4 years where there was no death penalty. (1972-76)
Gregg v. Georgia (1976)
the Supreme Court upheld the constitutionality of the death penalty, as applied under the new statutes.
Roper v. Simmons (2005)
the Supreme Court ruled that the imposition of the death penalty on juvenile offenders is unconstitutional
Thompson v. Oklahoma (1988)
the Supreme Court held that executions of offenders age 15 and younger at the time of their crimes are prohibited by the Eighth Amendment to the U.S. Constitution
Stanford v. Kentucky (1989)
the Supreme Court held that the Eighth Amendment to the U.S. Constitution does not prohibit the death penalty for crimes committed at ages 16 or 17.
Atkins v. Virginia (2002)
the Supreme Courtheld that the U.S constitution prohibits the death penalty for mentally retarded offenders, based upon reasoning closely analogous to juvenile offenders
In re Stanford (2002)
the Supreme Court decided not to take the case, over a strong dissent by Justice Stevens, they not only wanted to revisit the juvenile death penalty issue, but were ready to declare it unconstitutional and to "put an end to this shameful practice."
Simmons v. Roper (2003)
simmons was convicted of first-degree murder and sentenced to death by a state court. He appealed his sentence on the grounds that he was seventeen at the time he committed the murder, and that a death sentence constituted cruel and unusual punishment in violation of the Eighth Amendment.