The Great Recession Has Forced a New Exploration of Rehabilitation Instead of Retribution in Sentencing

An interesting debate as been growing in the media about whether refocusing the criminal justice system back towards rehabilitation is a smart budget cutting move. Michigan Department of Corrections Director Patricia Caruso has channeled significant resources into rechanneling corrections towards community based supervision and away from incarceration. Despite significant evidence that this works, vast improvements criminogenic predictive tests, and technology for enhanced supervision, prosecutors continue to argue that the only cure is long prison sentences. Earlier this month, the New York Times had a fascinating story about this. Meanwhile a report from Texas (of all states) notes a significant cost savings and reduction in reoffenses in cases utilizing a similar approach. To read the story, click here. Similarly, a report from the National Conference of State Legislatures notes similar trends in many states. For more information on these sentencing/parole predictors from an academic perspective, explore this article (pay access) by Professors Davis, Severy, Kraus, and Whitaker;

Idaho Supreme Court Overturns Ban on Sex Offender Father Contacting His Own Children

A frequent condition of sex offender paroles is that an individual cannot have any contact with any minor children. The Idaho Supreme Court recently reversed such a condition to the extent that it barred a parent from associating with his own children. Relying on the Washington Court of Appeals ruling in State v. Letourneau, 997 P.2d 436, 441 (Wash. Ct. App. 2000), the Court found that such a ruling infringed on the defendant’s constitutional right to family integrity and otherwise constituted an abuse of discretion. State v Cobbler, Idaho Supreme Court No. 34308.

Detroit Free Press Studies Michigan Parole Reforms

The Detroit Free Press has started a series of comprehensive articles examining the changes in Michigan’s parole system. The Free Press cites a 90% success rate with the new intensive parole program, but asks whether a 10% error rate is acceptable.

California Supreme Court Frees Lifer Where They Was No Valid Reason for Governor to Veto Parole

The Post-Conviction Justice Project at USC Law recently prevailed in a defining case for the California parole system for long-time client Sandra Davis-Lawrence The students argued and the California Supreme Court agreed -- that a life-term prisoner is entitled to be granted parole once the prisoner no longer poses a danger to the community. The court rejected the governor’s reversal of the parole commission’s grant of parole based solely on the circumstances of Sandra Davis-Lawrence’s 1971 commitment offense (first-degree murder), holding that the reversal violated her due process rights. The 4 to 3 ruling provides meaningful judicial review of parole decisions by the Board of Parole Hearings and the governor, and could affect nearly 1,000 parole cases now on appeal. Lawyers on both sides said it was the first time in recent history that the state’s highest court has ruled in favor of a prisoner in a parole case.