How Much Punishment is Enough? Designing Participatory Research on Parole Policies for Persons Convicted of Violent Crimes

Abstract

In New York State, the parole process has been brought to the forefront of social justice discourse as policy makers, researchers, and formerly incarcerated persons grapple with ways to improve the criminal justice system. Since 1995, there has been an "unofficial" practice of denying parole to people convicted of violent felonies, based primarily on the nature of the original crime, without consideration for transformation behind prison walls. By analyzing quantitative data from the New York Department of Corrections, and qualitative data from interviews with 34 participants, this study examines return rates for people convicted of violent crimes. The study also investigates whether multiple parole denials and extremely long sentences affect postrelease commitments (and thereby public safety) as well as the ways participants begin, narrate, and sustain (postrelease) personal AskariAt the age of 16, Askari was charged with murder. At the time of his crime he was well aware that a robbery was about to be committed. He was, however, unaware that a life was about to be taken. Although he did not pull the trigger, in New York State, under the felony murder doctrine, he was deemed culpable. He never saw high school graduation. Sentenced 20 years to life for felony murder, he was released at age 39 after serving 23 years in prison. On the other hand, the young man who had pulled the trigger was tried as a juvenile, sentenced to 18 months in a juvenile facility, and was out of prison before Askari had served the first two years of his sentence.Prior to his incarceration, he had few life experiences and even fewer reasons to be hopeful. With a prison sentence longer than his life to date, he nevertheless determined to stay on a positive course, survive prison, and to do his time without incident. While in prison, Askari earned a Master's degree and became a published writer. Deeply involved in programs in prison that promoted positive change, he volunteered in the law library and tutored other inmates throughout his incarceration.Askari stayed out of trouble and was a model inmate yet, he appeared before the parole board three times, and a clemency board once, before parole was finally granted. Repeatedly denied parole due to the "nature of the original crime," his accomplishments in prison seemed almost irrelevant to the parole decision. He could not explain why parole was not granted at the first two parole board appearances. To him, nothing changed from the first to the third appearance, when he was granted parole; he simply served four more years in prison.Askari was released from prison 9 years ago, is married, and was discharged from parole supervision in 2008. He has had no incidents with law enforcement and for the past 7 years, he has worked at a New York City nonprofit organization that provides services to people who have been in prison and their families. He continues to give back to the community through his work with formerly incarcerated persons, his research, and his dedication to social justice issues. H...

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