Author ORCID Identifier
Tonja Jacobi 0000-0002-5200-5765
Document Type
Article
Publication Date
2014
Keywords
Constitutional rights, Parolees, Reincarceration, Marginalized communities, Supervised release, New York City police
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.
First Page
887
Publication Title
Southern California Law Review
Recommended Citation
Tonja Jacobi, Song Richardson & Gregory Barr, The Attrition of Rights under Parole, 87 S. Cal. L. Rev. 887 (2014).
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, Law Enforcement and Corrections Commons, Quantitative, Qualitative, Comparative, and Historical Methodologies Commons