The ‘Catch 22’ of Parole for the Wrongfully Convicted

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Parole.  Parole is the release from prison, prior to completion of full sentence, under supervised conditions.  The parolee is still considered to be serving his/her prison term.  The granting of parole is determined by a parole board, whose members are typically appointed by the governor of the state.  Currently, sixteen states have abolished parole completely, and four more have abolished it for violent felons.  This leaves 30 – 34 states where parole is still a potential path to early release for inmates.  The preconditions for parole are generally:  good behavior in prison, having achieved sufficient rehabilitation, believed not to be a danger to society, and means of support and a place to live after release.

Parole systems tend to operate in the “shadows” of the justice system.  Parole system activities rarely attract media coverage, unless it involves a very high profile case, like Charles Manson, and even then, the only coverage is “was parole granted or not?”  Parole boards cannot, and do not, determine innocence or guilt.  They absolutely presume guilt, and based upon that, can only determine whether a prisoner is suitable for early release.  I expect that the general public is largely clueless about how parole systems operate.  And as far as I can tell, parole boards are subject to no oversight, and have no accountability.

One of the less recognized aspects of the conditions required for grant of parole has to do with “having achieved sufficient rehabilitation.”  Parole boards commonly require that a prisoner “admit guilt and express remorse” before they will grant parole.  The parole officials in some states will insist that admission of guilt is not a precondition.  California law prohibits “admission of guilt” as a precondition for parole, and New Jersey parole board officials insist that “admission of guilt” is not a precondition for parole to be granted.  But it seems that this is an area where “theory” and “practice” do not necessarily agree.  And as I mentioned above, as far as I can tell, parole boards have no accountability or oversight to ensure that “admission of guilt” is, in fact, not a precondition.

Now, here’s the Catch 22.  An actually innocent, wrongfully convicted person serving a long prison term will, more likely than not, have to admit guilt and express remorse to be granted parole.  Not only does this mean that the innocent person would have to compromise his or her principles, and admit to a crime they did not commit, but in admitting guilt he or she also closes out any options they may have for eventual exoneration.

Here is a highly enlightening video clip done by the NY Times, appropriately titled “The Innocent Prisoner’s Dilemma” :  See clip here.  This poor guy got caught in what I’d have to call a Catch 44 (that’s a double Catch 22).  For decades he refused to admit guilt, and was always denied parole, so after 23 years he decides he will compromise his principles and admit guilt so he can get paroled.  When he finally admits guilt to the parole board, what do they come back with?  “So, you’ve been lying to us all this time.  Parole denied.”

Professor Daniel Medwed of the University of Utah, writing for the Iowa Law Review in an article titled “The Innocent Prisoner’s Dilemma:  Consequences of Failing to Admit Guilt at Parole Hearings” makes this statement in the executive summary of the article:  “To put it bluntly, innocent inmates currently face a true “prisoner’s dilemma” when encountering parole boards. Choice A consists of proclaiming innocence and consequently hindering the possibility of parole; Choice B involves taking responsibility for a crime the prospective parolee did not commit and bolstering the chance for release, albeit with dire effects for any post-conviction litigation involving the underlying innocence claim. This type of choice is one that no actually innocent prisoner should be forced to make. Ultimately, parole boards should be mindful of the possible legitimacy of some innocence claims and, at the very least, not reflexively hold those assertions against the prisoner in the release decision.”  You can read Prof. Medwed’s article here:  medwed – parole.

Some inmates have brought suit in the courts, claiming that parole has been unduly withheld, and won.  See the Ohio Court of Appeals, Fifth District decision in the case of Seymour & Sheely vs. the Ohio Parole Authority, which remanded the case back to the trial court.  You can read that decision here:  Ohio Appellate Decision – Parole.  However, if you are a wrongfully convicted sex offender, you’re really stuck.  The US Appellate Court Third Circuit, in a 2010 decision that has been classified as “precedential,” ruled that it is legitimate to require admission of guilt from sex offenders before being placed in rehabilitation programs, which is a requirement of their parole.  You can read that decision here:  Third Circuit

If you’re interested in learning more about the operations of the parole system in the US, here is a report from the Urban Institute Justice Policy Center titled “Beyond the Prison Gates: The State of Parole in America” —  Beyond_prison_gates

15 responses to “The ‘Catch 22’ of Parole for the Wrongfully Convicted

  1. Very informative article. Thanks, Phil.

  2. Pingback: The Wrongfully Convicted Sex Offender | Wrongful Convictions Blog

  3. In addition, don’t forget that even if someone is innocent, and serves the entire sentence, he can THEN be put in civil confinement, in which case if he doesn’t admit guilt, will be locked up for his entire life. Minnesota and California comes to mind.

  4. Pingback: Parole of the Wrongfully Convicted Requires Admission of Guilt | Wrongful Convictions Blog

  5. Theresa Ann Comstock

    My son was accused and they placed him in a mental hospital in Georgia. Thing is he was in a mental hospital when they arrested him. They couldn’t find the child that accused him to be in court so his PD talked him into pleading not guilty by mental defect. He has been in the hospital now for 3 years and was in jail for one year. Is there anything I can do to get him out .they keep telling him he must admit to it in the hospital.

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  7. Pingback: Different kinds of things for Parole – Site Title

  8. Pingback: Confusion about Parole – Site Title

  9. The parole board of pa have been denying the MOVE 9 freedom because the prosecuting attorney recommended against it, yet the prosecutor has been dead for 31 years?!?!

  10. Dorothy Christian

    To whom it may concern,                                                             

    Matthew Bryant Christian dob 01/03/1990 was walking in the street on 10/04/2017 from Wal-Mart on Sheridan to 6th and Bell in Lawton Oklahoma where the incident occurred.  This couple Lottie Tatum and a tall black man, possibly her husband Esau Tatum were driving their car saw Matthew and they said he was yelling at them. The tall black man gets out of his car and tackled Matthew. That is when Matthew was able to find a brick on the ground.  Matthew trying to get away from them feeling threatened threw a brick that struck Lottie and now Matthew is charged with assault and battery with a dangerous weapon locked up since 10/04/2017 to stand trial for hate crimes committed against him.  Matthew ran to the police station for help and was charged at that time and locked up.  Case CFF-2017-681 Even if Matthew was yelling at them does that give them the right to attack and tackle Matthew?  Matthew’s only defense was what was on the ground, they had their car and could have gotten away but that was not their intent.  Yes, Matthew is schizophrenic and he was dressed like a girl but does that give people the right to attack, tackle, beat up or whatever else they may want to do?  Yes, Matthew is guilty of self-defense and schizophrenia and cross dressing and he has been in the county jail since 10/04/2017 and this was the second time he’d been in trouble with the law.  First case CF-2016-670.  His first offense 11/10/2016 was indecent exposer. This incident occurred in his own home in his own bed!  An aggressive homeless woman recently released from jail on meth charges, Bethany Mammedaty invited herself to his home thinking he was gay because he dresses like a girl.  Then she climbed in his bed and he was found guilty and sentenced to 10 years and will be a sex offender for life.  She should be the predator and sex offender not Matthew.  

    Dorothy Christian  
    ‪511 NW Arlington Ave‬
    ‪Lawton, Ok 73507‬
    ‪580-583-5143‬

  11. Richard McIntyre

    I have spent the last 23 years in prison wrongly convicted for a crime I never did, I was accused of a murder that wasn’t a murder but. A suicide I was taken down to the round house in Philadelphia and beat in an interrogation room & charged with murder, even after the fact that the medical examiner changed his decision from a suicide to a homicide based on being told by the detective that he thought I did it the medical examiner admitted on the stand that he was told by the homicide detective to change his opinion to a homicide that he had no evidence to prove that it was a homicide. Even after this admission I was still convicted of a crime I didn’t do.
    Over the years I’ve filed various appeals to prove my innocence, getting my appeal rights back and in 2011 having my conviction overturned & vacated & given a new trail, I thought I would be exhonerated and free of the living hell I endured but a year later they upheld my conviction, without even hearing the case again, saying that the judge shouldn’t have overturned my conviction or vacated my sentence.
    I was left with the hurt of being in prison but being innocent, I lost my mother father and both my sisters while in prison the detective told me when he was beating me you’re going to die in prison I’ll make sure of that echoed in my soul for 23 years and sometimes I believed it
    The negativity of the prison caused me depression & anxiety everyday which were painful I thank the few which helped me in prison to live another day.. I soon came up for parole and because I told them the truth the first time I was denied parole.

    The next year I was up for parole I was told by a lot of lifers who believed in my innocence even my good friend who I talked with from time to time mumia “ Richard do not spend the rest of your life in prison for something you didn’t do” I was set free from prison on parole after 23 years in prison for a crime I never did, I will never stop fighting for my innocence to be proven
    I am Innocent but I have met a lot more still in prison for crimes that they never committed I’m today telling my story in part wether I’m believed by the reader or not the same thing that happened to me could one day happen to you, your son or daughter, or someone you know I thank God I’m free everyday but I’ll never stop fighting for my wrongful conviction to be overturned even if I’m still on parole
    I would also like to speak on others who are wrongly convicted in pa

    Richard McIntyre

  12. My son is doing time and he was wrongfully conviction, he had a clean record before his ex set him up for a rape charge he in a KS. Prison judge gave him 14 years can he get out sooner? This is killing me as I am old, my son did have a drinking problem, they waited till he was drunk then took advantage of him, he was an easy mark.

  13. I feel blessed to finally come across a blog I can tell my son’s current wrongful conviction of Sexual Assault of a child (15 year old).
    I refer to her as a young lady.
    I do not refer to her as a victim.
    She is not a victim. It has not been proven she is a victim.

    What she’s a victim of is her 38 year old uncle who I’ve always felt was into very young girls. I never allowed my daughter around him. He is the one who set my son up. The case never had charges filed until 17 months later when my ex husband said that my son confessed to him. My ex husband avoided 2 years state jail in the same county my son has been charged.
    I am too emotional at this time to tell his story, however I am when I’m not so emotional.

    Thank you for your blog and information.

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