Parole Board Decision Making and Constitutional Rights

Abstract

Parole board decision making has changed dramatically over the last century, mirroring broader trends in criminal punishment. Even though parole decisions affect the length of prison sentences and the US Supreme Court has safeguarded defendants’ rights during the sentencing phase of criminal proceedings, the court has largely declined to interfere in parole. After briefly surveying the historical evolution of parole in the United States, this article proceeds in two parts. First, the article analyzes Supreme Court cases involving sentencing and parole and discusses questions raised by those decisions. Second, the article examines modern studies of parole board decisions and highlights ethical and legal questions raised by the research. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.