Degradation or Redemption? A Parole Board Polices a Moral Boundary

Parole boards possess the notable power to grant release from prison, oftentimes well short of an incarcerated person’s legally allowable length of sentence. Although the exercise of that power is, at least in part, governed by law, extralegal considerations likely play an influential part in decisi...

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Bibliographic Details
Published in:Law & social inquiry 2024-02, Vol.49 (1), p.308-328
Main Author: Herbert, Steve
Format: Article
Language:English
Subjects:
Convictions
Crime prevention
Criminal sentences
Criminality
Degradation
Ex-convicts
Federal court decisions
Grants
Imprisonment
Offenses
Parole
Parole boards
Power
Prisoners
Redemption
Release
State laws
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Summary:Parole boards possess the notable power to grant release from prison, oftentimes well short of an incarcerated person’s legally allowable length of sentence. Although the exercise of that power is, at least in part, governed by law, extralegal considerations likely play an influential part in decisions to grant release. Indeed, the analysis offered here of parole board hearings in Washington State reveals, in particular, the work that board members perform to reinforce the moral significance of past criminality. In parole hearings, board members find ample opportunities to morally condemn the index offenses that petitioners have perpetrated and to express skepticism about narratives of petitioner change. Instead of helping petitioners ease the burden of being profaned for their past acts, board members often act to reinforce the mark of a criminal record. These realities underscore the significant work necessary to shift attitudes toward those convicted of crimes, and expose the cultural challenges that attempts to reduce incarceration more generally are likely to face, especially in the United States.
ISSN:0897-6546
1747-4469
1545-696X
DOI:10.1017/lsi.2022.27