Parole

[iagodelgado]

I have been trying for ages to get a simple description of when an offender sentenced to a long term in US jail is eligible for parole.

Here´s a bit from a story today.

"Some long sentences, like his, are an alternative to the death penalty. Dudley Wayne Kyzer is serving two life terms plus 10,000 years for a triple murder he committed in the 1970s. After four years on death row, he was given a second trial because the death penalty in Alabama was at the time deemed unconstitutional.
Tommy Smith was Tuscaloosa County Assistant District Attorney when he persuaded the trial judge to impose the long sentence as an alternative. "The jury sent a message. They don't want him released," he said. Kyzer has been denied parole nine times."

Two life terms plus 10,000 years. Up in front of a parole board 9 times?

One of the Manson murderers has been denied parole on something like 7 times.

Can anyone explain US parole in simple, plain English? 45 years to life. When, if ever, do you become eligible to ask for parole?

[maxpower]

It's more complicated than that. A person's eligibility for parole could be dependent on many things, such as the crime comitted, whether it's a federal or state crime, if a state crime - which state, mitigating factors, etc. There are many different statutes. Sometimes parole eligibility is bargained for before sentencing is carried out. Sometimes there is no possibility of parole. When eligible for parole, the convicted is still subject to a review, and may not necessarily receive it. There's no one simple cut an dried formula. There are probably guidelines that the judges follow, however.

[JenniferParisHusband]

As far as eligibility for parole, I'm an attorney and can't figure out a way to tell you how it's applied. It isn't applied evenly, that's for sure. A lot of times what you see as an original conviction sentence is overturned and reduced based on Constitutional factors, other times it can be earned through bargaining, good behaviour, overcrowding in the prisons, or other factors. And sometimes it's just some law that somehow made it on the books.

The particular case which you mention, Dudley Wayne Kyzer, has less to do with the sentence he was given than an Alabama law that requires a parole hearing for someone who has completed 1) one third of their sentence, or 2) a minimum of ten years in prison; whichever is less. In this case, it was 10 years, and the parole hearings start. He's never going to be parolled though, it's more of a formality for guys like him and Manson. The troubling thing is that they gave him death, but it was later deemed unconstitutional, and he recieved the alternative sentence. But if he had recieved the death penalty, then had his sentence commutted to life in prison by the Governor, Alabama law would prohibit the possibility of parole. But instead, he gets a hearing every ten years. Until something changes though, he's not going anywhere.

Why this law is in place? Well, you can look to a US case like Miller v. Alabama where the US Supreme Court states that the 8th Amendment to the US Constitution prohibits "excessive sanctions." (And lets be honest, two lifetimes plus 100 centuries seems a bit much). (I would also note that while Miller applies to Juvenile cases, this law is the guiding force behind a lot of parole laws.)

That's pretty much it for that particular case. But if you are looking for logic and consistency as to how it's applied in a single state, let alone across all 50, good luck. I can't help you out there.

[iagodelgado]

JPH, thanks for that. At the minimum, it explains why the f**k I can't work out what is going on.

The case I'm actually interested is in 45 years to life in California. The problem I've got is I can find a person with the right name and the right age, who is out and about in LA, after just 10 years. Is that possible or is it just a fluke coincidence?

[JenniferParisHusband]

JPH, thanks for that. At the minimum, it explains why the f**k I can't work out what is going on.

The case I'm actually interested is in 45 years to life in California. The problem I've got is I can find a person with the right name and the right age, who is out and about in LA, after just 10 years. Is that possible or is it just a fluke coincidence?


It's entirely possible. And there could be a lot of things behind it. I'd hate to speculate on why until I know specifically who we are talking about. It could be as simple as prison overcrowding, to something more random as no one representing the victims at a parole hearing. So, let me know what you find, and I'll see what I can do.

[iagodelgado]

Sylvia Boots.

2nd degree murder = 20 to life.

Additional firearms charge. For some reason, a further 25 to life.

Consecutive, therefore 45 to life.

Vacaville, which definitely is way overcrowded.

Person of the right age/name now living in Hollywood, which is what I would expect as parole conditions.

And I very much doubt anyone represented the victim at a parole hearing as, according to the sources, they had her buried in male clothing.

Is there a way of finding out?

[JenniferParisHusband]

Sylvia Boots.

2nd degree murder = 20 to life.

Additional firearms charge. For some reason, a further 25 to life.

Consecutive, therefore 45 to life.

Vacaville, which definitely is way overcrowded.

Person of the right age/name now living in Hollywood, which is what I would expect as parole conditions.

And I very much doubt anyone represented the victim at a parole hearing as, according to the sources, they had her buried in male clothing.

Is there a way of finding out?


Ah, this one is a little personal to me. I knew the victim. I was also a fan of Sylvia's. There's a long story behind that case, and you can read it elsewhere on here. There's a lot of things that went wrong from the start, like the fact that Sylvia went to her car to get a gun and came back, etc. etc. Not going to open that whole can of worms up. Needless to say, it's a tragedy that it happened, and the victim, Laura, was someone special who I miss tremendously to this day.

That said, Sylvia got hosed by the system. I don't think her attorney was that good. If you look at the link I'm posting below, you'll see that California requires a Minimum Eligible Parole Date. I honestly don't know what hers is. But if I had to guess, based on the sentence, I'd say her MEPD is probably up around 15 to 20 years from the start of incarceration, if she meets the eligibility requirements.

http://www.cdcr.ca.gov/Victim_Services/parole_process.html

[christianxxx]

i thought this thread would be about that girl Brittney that i fucked for Buddy while she was wearing her electronic monitoring bracelet lol

[Johnny.Blaze]

i thought this thread would be about that girl Brittney that i fucked for Buddy while she was wearing her electronic monitoring bracelet lol

OMFG - That is too funny :dead:

[iagodelgado]

If you look at the link I'm posting below, you'll see that California requires a Minimum Eligible Parole Date. I honestly don't know what hers is. But if I had to guess, based on the sentence, I'd say her MEPD is probably up around 15 to 20 years from the start of incarceration, if she meets the eligibility requirements.

http://www.cdcr.ca.gov/Victim_Services/parole_process.html

I had worked out there was an MEPD, but the way an MEPD is calculated is not explained, so MEPD to someone outside the system is as clear as mud.

10 years sounds too little for 45 to life, but the way the sentences were stacked up might have an influence. If the authorities set an MEPD based on the 20 years to life for murder, then 10 years sounds more feasible.

I am still finding precisely one person in the US with the correct name, of the right age, living in LA, and with what appears to be two siblings (i.e. ages to close together to be a parent/child unit).

I guess it's wait and see. Thanks.

[nysprod]

As far as eligibility for parole, I'm an attorney and can't figure out a way to tell you how it's applied.

Why am I not surprised to see this...in any event, if you're you're a federal convict there is no parole in the federal criminal justice system. You will serve
most of your sentence, minus Good Time Credit.

[JenniferParisHusband]

Why am I not surprised to see this...in any event, if you're you're a federal convict there is no parole in the federal criminal justice system. You will serve
most of your sentence, minus Good Time Credit.


You really want to start this up again asshole, be my guest.

[Dima73]

In NY a indeterminate semtence such as the one you described, requires he minimum before eligiblity for a parole hearing.