The Los Angeles Daily Journal ran a front-page story highlighting the impact that Governor Brown has had on the volatile issue of prisoner rights. Since Gov. Brown assumed office earlier this year, he has approved the release of 141 of the 171 prisoners recommended for parole by the California Board of Parole—an astounding 82% approval rate. Prior to Gov. Brown’s appointment to office, the overwhelming majority of prisoners in California who were even lucky enough to win a release date at the Board of Parole hearings would frequently have their release dates cancelled or pushed further back by Gov. Arnold Schwarzenegger and, before him, Gov. Gray Davis. Unlike his predecessors, however, Gov. Brown has taken a much more deferential approach to the decisions of the Board of Parole. According to some commentators, the reasons surrounding Gov. Brown’s departure from precedent and change in policy have been manifold; varying from concerns with prison overcrowding to the financial costs involved in housing prisoners, which may sometimes exceed $100,000 a year to care for prisoners with medical needs. However, others, including those within Gov. Brown’s political camp have argued that Gov. Brown has instead deferred to the rule of law in making his decisions as opposed to caving in to political pressures from various factions. To that end, Gov. Brown has publicly acknowledged that he trusts the judgment of the parole board members since many of them have extensive backgrounds and distinguished service in law enforcement and public safety.
What this means for prisoners is that they now have a better chance of getting released on parole as a result of the Board of Parole’s evolving practice coupled with Governor Brown’s deference to the board’s decisions. In addition, the recent California Supreme Court case of In re Lawrence, 2008 DJDAR 13171 has further enhanced prisoner rights. Prior to Lawrence, the governor was able to solely rely on the details of the crime the prisoner committed in determining whether the prisoner still posed a threat to society, and thus, was not fit for parole. However, after Lawrence, the governor may no longer solely rely on the details of the crime committed when determining whether a prisoner may be released on parole. All of this is great news for criminal defense attorneys who have argued for decades that their clients were subjected to the injustices of the criminal system and that the parole system required systemic reform. With the changing political and legal attitudes toward prisoner rights, it’s imperative that parole-eligible prisoners contact an experienced criminal defense attorney to help regain their freedom.
To ensure that you have the best possible chance of prevailing at your parole hearing, you need the legal expertise of an aggressive and skilled criminal defense law firm. At Wallin & Klarich, our attorneys have zealously represented our clients on all types of criminal defense matters for over 30 years and can help you achieve the best possible outcome in your matter. Call us today at 1-888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.
