Magazine article Corrections Forum

Extending the Period for Parole Reconsideration Does Not Violate the Ex Post Facto Clause

Magazine article Corrections Forum

Extending the Period for Parole Reconsideration Does Not Violate the Ex Post Facto Clause

Article excerpt

In the case of Garner v. Jones, the respondent escaped while serving a life sentence for murder, committed another murder and was sentenced to a second life term. Georgia law required the state's Board of Pardons and Paroles to consider inmates serving life sentences for parole after seven years. At the time the respondent committed his second offense, a Board rule required that reconsiderations for parole take place every three years. Acting pursuant to statutory authority, the Board subsequently extended the reconsideration period to at least every eight years. The Board had the discretion to shorten that interval, but declined to do so when it applied the amended rule in the respondent's case, citing his multiple offenses and the circumstances and nature of his second offense. The respondent sued the Board, claiming that retroactive application of the amended rule violated the Ex Post Facto Clause of the U.S. Constitution. The District Court denied the respondent's motion for discovery and awarded petitioners summary judgment. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.