The imposition of and length of parole supervision is crime and fact specific. The conditions of supervision imposed are driven by the crime and the facts of the individual parolee. There may come a time when parolees believe that they have done everything asked of them, they are not a danger to anyone, they will […]
Being granted parole on the first parole eligibility date is not automatic. As a practical matter, the burden is on the inmate to demonstrate insight, remorse, that he/she will not reoffend, will comply with parole conditions, and will succeed on parole. Do not assume that the records the Parole Board Members have access will be complete, accurate, […]
Having handled parole planning, administrative parole appeals, parole appeals to the Appellate Division, and parole revocation hearings over many years, I have been asked: What factors do Members of the Parole Board consider? There are factors that Board Members are required to consider and factors that weigh heavily on the responsibility imposed upon them to […]
By Eric Marcy, Esq. Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and for considerations as to whether a person is suitable for release on parole. Such testing may add an […]
By Eric Marcy, Esq. At times, a specific parole condition may become unnecessary, burdensome, or interfere with the parolee’s employment prospects and/or rehabilitation. The New Jersey Administrative Code sets forth the application process to the New Jersey State Parole Board through which a parolee may challenge the necessity and/or fairness of a specific condition of parole. […]
“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court reviewed the reversal of a denial of parole that was ordered by the Appellate Division. A Three Member Panel of the Parole […]
Once committed to the State Prison system, the Department of Corrections (“DOC”) performs a classification assessment which has implications for an inmate’s prison designation, housing, rehabilitative programming, and ultimately, on parole. A recurring issue involves the application of an E-1 override which results in a minimum classification of “medium” or “maximum” custodial classification status despite the […]
Misuse of Psychological Tests in Courts By Eric Marcy, Esq. The Purpose and Source of Data for the Various MMPI Products The MMPI-2 was a personality assessment tool for mental health diagnosis. It was used for decades in a variety of litigation contexts. To the extent that examiners continue to use this process in the forensic […]
By Eric Marcy, Esq. Challenging So-Called “Objective” Testing – The Use and Abuse of Psychological Testing in Litigation Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination, briefing and/or […]
The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and books.[1] The theoretical basis derives from Millon’s theory of personality development, personality types, and personality disorders. The instrument relies on 175 […]
