Discuss the 1970 U.S. Court of Appeals for the Second District ruling in Menechino v. Oswald and the implications that it had for inmates seeking parole
What will be an ideal response?
• A parole proceeding is nonadversarial in nature because both parties, the board and the inmate, have the same concern—rehabilitation
• Parole release hearings are not fact-finding determinations because the board makes a determination based on numerous tangible and intangible factors
• The inmate has "no present private interest" to be protected (he has no liberty interest) because he is already imprisoned—has nothing to lose—and this "interest" is required before due process is applicable.
You might also like to view...
All states and all courts recognize that behavior that is likely to result in ________ harm is dangerous
Fill in the blank(s) with correct word
Norms or social mores are always subject to interpretation.
Answer the following statement true (T) or false (F)
The U.S. Supreme Court has defined an __________ as a questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way
Fill in the blank(s) with the correct word.
At his trial, Ted Kaczynski was found to be _____
a. paranoid schizophrenic b. insane c. suffering from a personality disorder d. suffering from Asperger's disorder