Parole allows individuals to finish their prison sentence in the community under a parole officer’s supervision. It is crucial for the individual on parole to follow the rules set by the parole board and to regularly report to their parole officer. If a person on parole breaks any parole rules, they may be required to return to prison.
Innocence and Parole
In California, claiming innocence at a parole hearing presents unique challenges. This is because when the parole board decides whether an individual is suitable for parole, they consider factors such as remorse and whether the individual takes responsibility for the crime. This is often referred to as having “insight” into why the person committed the crime. Lack of insight may be seen as a risk to the community, leading to denial of parole if the person denies guilt. However, admitting guilt to enhance parole chances may be used against them later. Innocent parole candidates face a dilemma – they can’t admit to a crime they didn’t commit, but being granted parole may be at risk if they don’t.
Innocent parole candidates face an added difficulty as the parole board is not the right place to challenge their conviction’s validity. The Board may view innocence claims skeptically, prioritizing public safety concerns over potential wrongful convictions. The only way to get around this dilemma is to prove to the board that the person’s claim of innocence is “plausible.” Meaning, it is reasonable and likely they are innocent. If deemed plausible, the board cannot deny parole based on lacking insight into the crime.
Despite the obstacles, with the assistance of understanding attorneys, some clients of The Innocence Center have been released on parole while still asserting their innocence. Although not officially cleared, they are free from prison and can concentrate on reintegrating into society.
