Representing juvenile lifers: do attorneys in parole hearings matter?

Kokkalera, Stuti S.

doi:10.1080/0735648x.2021.1918210

Cited by 8 publications

(7 citation statements)

References 35 publications

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“…Assessments of a juvenile lifer’s record in written decision statements are linked to their reoffending risk, but these assessments are highly subjective and depend on how well the candidate can talk a good game (Martel, 2010). To that end, assistance of legal counsel could benefit in enabling an effective presentation at the hearing and securing reentry services (see Kokkalera, 2021). The Supreme Court in Morrissey v. Brewer (1972) has recognized the need for limited due process protections, including the right to an attorney in all parole revocation hearings, although access may vary across states.…”

Section: Discussionmentioning

confidence: 99%

Parole Revoked: Justifying Rerelease for Juvenile Lifers

Kokkalera

Marques

2022

Criminal Justice and Behavior

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A juvenile lifer’s parole can be revoked and justified for technical or new crime violations of supervision conditions. We analyze narratives contained in revocation decisions issued to juvenile lifer candidates by one state parole board. Our qualitative content analysis reveals that most parole revocations stem from technical violations rather than any new criminal activity. In addition, decision statements qualify aspects of a juvenile lifer candidate’s case in opposite ways, where identified themes are presented as accomplishments to grant parole, but as claims made by the candidate to deny rerelease. In categorizing candidates as deserving or undeserving of parole, suitability for rerelease is represented in the parole board’s interpretation of risk in terms of a candidate’s moral responsibility. By doing so, parole revocation review decisions avoid acknowledging the obstacles in juvenile lifer reentry.

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Section: Discussionmentioning

confidence: 99%

Parole Revoked: Justifying Rerelease for Juvenile Lifers

Kokkalera

Marques

2022

Criminal Justice and Behavior

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“…Lifers’ parole hearings in the U.S. have been viewed as containing “some adversarial elements, but the overall process does not resemble a commitment offense retrial” (Young, 2016: 444; Kokkalera, 2022: 189). Most U.S. parole systems allow prosecutors to give written or oral input at parole hearings (Cassidy, 2019; Demleitner, 2021).…”

Section: Literature Reviewmentioning

confidence: 99%

Parole as a boxing match: Lifers, prosecution, and the adversarial making of parole hearings

Dagan

2023

Punishment & Society

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Despite being depicted as powerful actors, the work of the State's representatives in parole hearings has to date remained largely invisible. In this study, we aimed to fill this gap through a qualitative analysis of the oral arguments of prosecutors in 130 lifers’ parole board hearings in Israel. The findings suggest that prosecutors construct lifers’ parole hearings as an adversarial, yet asymmetrical, “boxing match.” Three themes were unveiled: Prosecutors construct the lifers as worthy of re-censure; view the lifers as solely responsible for their parole release; and construct the lifers as inherently suspicious individuals. In conclusion, prosecutors’ parole work seems to be more a defense of their shared professional identity as crime fighters than a promotion of an individualized, inclusive, and future-oriented parole decision-making process.

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“…Those with a lengthier history of disciplinary infractions are less likely to be granted parole (Young et al, 2015). Engagement in a variety of prison programs such as vocational certifications, education, and counseling is also a significant positive predictor of parole release (Bell, 2019; Bernhardt et al, 2010; Kokkalera, 2022).…”

Section: Review Of Parole Decision-makingmentioning

confidence: 99%

“…Relatedly, prosecutorial objections emphasizing blameworthiness based on the sentencing offense may mirror what has been noted in resentencing motions in one state with post- Miller reforms (see Ouellet & Wareham, 2023). Additionally, research has also indicated that legal representation can influence parole outcomes (Bell, 2019; Kokkalera, 2022).…”

Section: Review Of Parole Decision-makingmentioning

confidence: 99%

Analyzing the Release of Juvenile Lifers: Is There a Miller Effect?

Kokkalera,

Smith,

Wronski

2023

Youth Violence and Juvenile Justice

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In the 2012 decision in Miller v. Alabama, the U.S. Supreme Court directed states to provide a “meaningful opportunity to obtain release” to juvenile lifers—one that acknowledges their lesser culpability and rehabilitative potential. In the state examined, the parole board revised its decision-making guidelines in 2014 by incorporating the Miller ruling. Logistic regression and survival analyses were employed to examine parole outcomes. Hearings that took place in the post- Miller period and the candidate’s rehabilitative status were associated with a higher likelihood of release. A candidate’s rehabilitative efforts were also associated with the amount of time taken to decide grant or denial of release, as were factors related to the candidate’s sentencing offense such as time served and opposition at the parole hearing. Overall, the guidelines representing the Miller ruling seem to have influenced the outcome as well as the speed at which decisions are reached by the parole board.

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Representing juvenile lifers: do attorneys in parole hearings matter?

Cited by 8 publications

References 35 publications

Parole Revoked: Justifying Rerelease for Juvenile Lifers

Parole Revoked: Justifying Rerelease for Juvenile Lifers

Parole as a boxing match: Lifers, prosecution, and the adversarial making of parole hearings

Analyzing the Release of Juvenile Lifers: Is There a Miller Effect?

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