Getting Off Parole in New Jersey
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 …
How to Prepare for a Parole Hearing in New Jersey
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 …
Factors That Influence Parole Decisions in New Jersey
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 …
Challenging So-Called “Objective” Psychological Tests: The Use and Abuse Of Psychological Testing In Trials, Sentencing, Parole Consideration, And Custody Disputes
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 …
Parole Modification – Frequently Asked Questions (FAQ): Understanding Options for Modifying Parole Conditions
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 …
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 …
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