The attrition of rights under parole

Tonja Jacobi*, Song Richardson, Gregory Barr

*Corresponding author for this work

Research output: Contribution to journalArticle

8 Scopus citations

Abstract

We conduct a detailed doctrinal and empirical study of the adverse effects of parole on the constitutional rights of both individual parolees and the communities in which they live. We show that parolees' Fourth, Fifth and Sixth Amendment rights have been eroded by a multitude of punitive conditions endorsed by the courts. Punitive parole conditions actually increase parolees' vulnerability to criminal elements, and thus likely worsen recidivism. Simultaneously, the parole system broadly undermines the rights of nonparolees, including family members, cotenants, and communities. We show that police target parolee-dense neighborhoods for additional Terry stops, even when income, race, population, and single-family status are accounted for. Furthermore, police take advantage of the permissive parole search jurisprudence, conducting more searches and arrests of both parolees and their nonparolee neighbors. Combined, this analysis shows that parole institutionalizes individuals and marginalizes communities.

Original languageEnglish (US)
Pages (from-to)887-976
Number of pages90
JournalSouthern California Law Review
Volume87
Issue number4
StatePublished - Jul 1 2014

ASJC Scopus subject areas

  • Law

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    Jacobi, T., Richardson, S., & Barr, G. (2014). The attrition of rights under parole. Southern California Law Review, 87(4), 887-976.