Abstract

http://ssrn.com/abstract=2312072
 


 



The Attrition of Rights Under Parole


Tonja Jacobi


Northwestern University - School of Law

L. Song Richardson


University of California, Irvine School of Law

Gregory Barr


Northwestern University - School of Law

August 18, 2013

Southern California Law Review, Forthcoming 2013
U Iowa Legal Studies Research Paper No. 13-34

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 mitigates the rights of non-parolees: family, co-tenants, and communities more broadly. 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 non-parolee neighbors. Combined, this analysis shows that parole institutionalizes individuals and marginalizes communities.

Number of Pages in PDF File: 68

Keywords: parole, criminal law, search & seizure, constitutional rights, Fourth Amendment, Fifth Amendment, Sixth Amendment, stops, frisk, search, arrest, empirical

JEL Classification: K00, K14

Accepted Paper Series


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Date posted: August 19, 2013 ; Last revised: October 7, 2013

Suggested Citation

Jacobi, Tonja and Richardson, L. Song and Barr, Gregory, The Attrition of Rights Under Parole (August 18, 2013). Southern California Law Review, Forthcoming 2013; U Iowa Legal Studies Research Paper No. 13-34. Available at SSRN: http://ssrn.com/abstract=2312072 or http://dx.doi.org/10.2139/ssrn.2312072

Contact Information

Tonja Jacobi (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
L. Song Richardson
University of California, Irvine School of Law ( email )
401 E. Peltason
Irvine, CA 92612
United States
Gregory Barr
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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