59 Am Jur 2d, American Jurisprudence
| 59 Am Jur 2d |
PARDON AND PAROLE |
90 |
A parole board may deny a prisoner parole release because of the
severity of the criminal act and sentence, but it must explain in more
than boiler plate generalities why the severity of the particular offense
and sentence requires the deferral of parole. Although a parole board may,
insofar as the Constitution requires, adopt a practice of automatically
denying parole to inmates convicted of certain offenses, such as murder,
without regard to their specific conduct, if, in fact, the board has not
adopted such a practice, then its denial of parole for the sole reason
that an inmate was convicted of a certain offense is tantamount to denying
parole for no reason at all and due process requires that it gives some
reason other than the fact that the inmate was so convicted.
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