The Parole “Merry-Go-Round” – The Prejudicial Procedural Delay in Parole Appeals
“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 …
The New Jersey Department of Correction’s Misuse of the E-1 Override in Classification Decisions and the Impact on Prison Designation, Programming, and 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 Minnesota Multiphasic Personality Inventory Product Line (“MMPI-2, MMPI-2-RF, MMPI-3 ©)
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 …
Watch Out for the “Psychopaths” The Psychopathy Checklist-Revised (PCL-R) ©
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 …
The Millon™ Clinical Multiaxial Inventory Testing the Use and Validity of the MCMI-III™ In Court Cases
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 …
The Parole Board’s Difficult Decision – Whether to Release Someone Who Has Been Convicted of a Serious or Violent Crime
By Eric Marcy, Esq While the Parole Board consists of Members who act in good faith, who try to do the right thing, there is a natural human reluctance to parole an individual who has been convicted of a serious and/or violent crime. It is up to the individual and his attorney to present a Parole …
Is it Illegal to Snoop on my Spouse’s Cell Phone and Read the Text Messages?
By Eric Marcy, Esq. When one thinks their spouse may be having an affair or is engaging in economic infidelity, there is the tendency to consider accessing the cell phone to see who they are communicating with and what is being discussed. In the context of a potential divorce, such snooping may violate State and/or …
The Erroneous Use of and Reliance on the LSI-R
The Use And Abuse Of The LSI-R In Parole Evaluations Challenging So-Called “Objective” Testing By Eric Marcy, Esq. The Level of Service Inventory-Revised “LSI-R” is frequently misused in the context of parole evaluations. Providing an air of scientific reliability, its application in the forensic setting is actually unreliable, subjective, and highly dependent on factors that …
How to Succeed at the Time of Parole Consideration – Managing the Record Before the Parole Board
Without proper guidance an individual who should be paroled may end up serving a longer sentence. Too often individuals expect that their initial eligibility date is the date they will be released and to the grave disappointment of the individual and his/her family they unexpectedly learn that they have received a “hit” and face a …
The Time for Establishing a Parole Plan is NOW
By Eric Marcy The issue of parole is an area that few consider or plan for after having been sentenced to a prison term. Parole is not guaranteed. Any individual sentenced to a prison term should be considering parole issues, if not a sentencing, then shortly thereafter and planning for that day that he or …
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