Do Prisoners have a Right to Fairness before the Parole Board?

被引:0
作者
Naylor, Bronwyn [1 ]
Schmidt, Johannes [2 ]
机构
[1] Monash Univ, Fac Law, Clayton, Vic, Australia
[2] Monash Univ, Clayton, Vic, Australia
来源
SYDNEY LAW REVIEW | 2010年 / 32卷 / 03期
关键词
D O I
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Many people sentenced to imprisonment receive a 'head' sentence together with a minimum term - a period that should be served as punishment after which the offender may be released on parole, to serve the remainder of the sentence in the community. The parole authority deciding whether, in fact, to release the prisoner has an extremely important role in balancing the risk of release against the benefit of reintegrating the prisoner as early as possible. We argue that the procedures of this body should be fair and accountable. They should ensure that a prisoner be able to participate fully in the decision-making process, have access to information and be able to introduce information, and have avenues for appeal. These procedures apply in comparable international jurisdictions, but in most Australian jurisdictions the procedures are closed and unaccountable. We argue that all prisoners are entitled to fair decision-making processes.
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页码:437 / 469
页数:33
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