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Category: Parole

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 …

Continue Reading…

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 …

Continue Reading…

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 By Eric Marcy, Esq. 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 …

Continue Reading…

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

By Eric Marcy, Esq. 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” …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

The Millon™ Clinical Multiaxial Inventory Testing the Use and Validity of the MCMI-III™ In Court Cases

By Eric Marcy, Esq. 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 …

Continue Reading…

Getting Parole: Factors That Matter – A Person’s Age at the Time of the Crime

By Eric Marcy, Esq. The passage of time and the maturity of an individual are significant factors in determining parole. Many juveniles who were sentenced as adults or those who commit crimes at the age of 18 or 19 are not likely to have developed impulse control or do not comprehend the full consequences of …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 By Eric Marcy, Esq. 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 …

Continue Reading…

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

By Eric Marcy, Esq. 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” …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

The Millon™ Clinical Multiaxial Inventory Testing the Use and Validity of the MCMI-III™ In Court Cases

By Eric Marcy, Esq. 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 …

Continue Reading…

Getting Parole: Factors That Matter – A Person’s Age at the Time of the Crime

By Eric Marcy, Esq. The passage of time and the maturity of an individual are significant factors in determining parole. Many juveniles who were sentenced as adults or those who commit crimes at the age of 18 or 19 are not likely to have developed impulse control or do not comprehend the full consequences of …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…