An Update on Lawrence Hayes
A few weeks after speaking at The Sundance Film Festival with the filmmakers in January, Lawrence was a passenger in an automobile accident, in which he sustained serious injuries. Due to the resulting injuries and scheduled doctor appointments, he missed an appointment with his parole officer. Lawrence has stated that he notified his officer prior to the missed appointment. However, he was incarcerated for more than three months before he received a parole hearing. Three weeks after his hearing on July 21, an administrative law judge sentenced Lawrence to 2 years to life behind bars.
Campaign to End the Death Penalty (CEDP) has been working extensively on his case and on his behalf. Lee Wengraf, a representative from the organization, gives us her take on the background of Lawrence’s case:
Lawrence spent over 2 years on New York's death row, before his sentence was changed to life when the Supreme Court abolished the death penalty in 1972. A former Black Panther, Lawrence was arrested when he was 19 on a trumped-up charge of killing a cop in Queens, and convicted by an all-white jury. After his release on parole in 1991, Lawrence became a community activist and helped found the CEDP in 1995. Because of Lawrence's political background and his record as an outspoken opponent of the death penalty and criminal injustice, he has been the target of NY's Dept. of Parole on several occasions. In 1997, just days after appearing at a Brooklyn rally against New York's new death penalty law, he was charged with a parole violation and returned to jail for over two years, when a grassroots campaign launched by the CEDP forced the Attorney General to order his release. Most recently, Lawrence had been publicizing the case of Herman Bell, another former Black Panther behind bars in New York, who was up for parole in February. A longstanding opponent of capital punishment should not be silenced for speaking out against injustice.
The CEDP is working to bring attention to Lawrence's situation and help raise funds for his legal defense. He currently needs medical attention not being given to him in jail. Donations are very much needed. If you can help or want to write to Lawrence, please contact the Campaign to End the Death Penalty at nyc@nodeathpenalty.org or 917-519-3819.
We will keep you posted on the details of Lawrence's case.
Parole, what it means and what one exactly does to break parole is a confusing thing. You can read a summarized version below but you can also look at Free Advice for more information.
(Thanks go to Valentina Canavesio and Kieran Krug-Meadows for all of their hard work on this entry.)
WHAT IS THE DIFFERENCE BETWEEN PROBATION, PAROLE, AND PARDON?
Probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. It allows the convicted person to live in the community for a specified period of time, sometimes under the supervision of a probation officer, depending on the circumstances and the seriousness of the crime.
Parole is the conditional release of a prison inmate after serving part (if not all) of his or her sentence, allowing the inmate to live in the community under supervision of the parole period. The decision to grant parole is the responsibility, in a majority of states, of a board of parole or commission. Violation of the conditions of parole result in revocation and re-imprisonment.
Pardon means that the individual is fully forgiven from all the legal consequences of his crime and his conviction.
WHO IS ELIGIBLE FOR PAROLE?
Parole is NOT a right, but a privilege, and as such the question of whether to grant a prisoner parole or withhold it is up to the discretion of the parole board. Typically the parole eligibility dates are determined by statute, although in some states they can be modified at the discretion of the sentencing judge.
Although the laws vary from state to state, their basic approach is the same. Once a person is convicted of a crime, he is sentenced to a prison term. There are two types of prison terms: indeterminate and determinate. An indeterminate sentence fixes wide-ranging minimum and maximum lengths of time; determinate terms are fixed terms of imprisonment (e.g., 5 years for armed robbery).
If an offender receives a minimum and maximum sentence, once the offender serves the minimum sentence (or serves a specified percentage under some state’s statutes), they may become eligible for a parole consideration hearing. If an offender serves the fixed period of imprisonment imposed by the court, they may be released without further supervision or automatically placed on parole, again depending on the nature and severity of their offense and their potential for re-imprisonment.
COMMONLY YOU READ ABOUT THE RELEASE OF AN INMATE SERVING A LIFE SENTENCE. I THOUGHT "LIFE" WAS "LIFE". WHAT HAPPENED?
State laws establish sentencing laws and it may well have happened that in the sentencing phase, the judge sentenced the convicted offender to a life prison term, with the possibility for parole. So, a convict serving a life sentence for first or second degree murder, for example, with the possibility of parole, would receive the same parole eligibility considerations as an inmate who receives a shorter sentence. The obvious difference, of course, is that the murderer would serve a longer period of incarceration prior to being considered for parole.
While an inmate can be serving a "life" jail term, or a sentence of 15 years to life, the entire original sentence imposed by the judge can be reduced for good behavior (figuratively called "good time" credit in some states), time spent waiting for trial or sentencing, planned activities post-release, stability, and training or education programs conducted in prison.
WHAT ARE TYPICAL EXAMPLES OF PAROLE CONDITIONS?
Each state has its own laws regarding the supervision of someone who is on parole. The parolee may be restricted to a particular community, job, or home. He may also be restricted in his general lifestyle, such as friendships or associations or where he can travel. He may also be placed in a community-based reentry or work furlough facility prior to release. The parolee may be required to obtain psychiatric treatment and be required to attend outpatient therapy. Those who abuse drugs or alcohol must abstain and may have to periodically go through an in-office drug test.
WHAT ARE TYPICAL EXAMPLES OF PROBATION CONDITIONS?
There are an array of sanctions as alternatives to jail sentences that are typically given to someone who receives a probationary sentence. Sometimes a judge will order only one sanction (e.g., pay money to the victim(s) of the crime) or combine it in conjunction with other sanctions. For example, restitution is often coupled with community service restitution where the probationer pays back the community with work. Other sanctions can include:
*fines and penalties: used in misdemeanors and lesser crimes. Fines based on the offender’s ability to pay (called "day fine") can be imposed;
*restitution to the victim of the crime;
*community service: labor done in the community for a public agency or nonprofit (e.g., nursing home, schools, hospitals) for the harm caused. Typically used for minor offenses;
*a suspended jail sentence;
*attendance at a drug treatment program;
*consenting to be searched at random.
WHAT DOES SOMEONE HAVE TO DO ON PAROLE OR PROBATION?
Ordinarily, you are under the supervision of a parole or probation officer and are required to report to them on a pre-determined schedule. How often is usually based on the type of crime committed, prior criminal record, your risk to the community, and other factors. Offenders who are at the highest level of risk (e.g., likely to break supervision) may be required to report weekly while those at a lower risk may report monthly or quarterly. It is also possible that, sometime after the initial supervision period, the parole officer may change the level of contact with the offender to reflect the particular circumstances of the individual case.
The parole or probation officer will usually inquire of the offender that they are complying with the restrictions, terms, and conditions set by the paroling authority. The offender may have to show proof that they are working and doing assigned community service. They may also be required to submit to periodic blood tests.
WHAT VIOLATIONS WOULD CAUSE THE REVOCATION OF MY PAROLE?
You violate any conditions of your parole, you lose your freedom. Also, if you are considered a risk to public safety, your parole can be revoked. The bottom line: if you are good, you won’t go to prison.
Generally, the state will revoke your parole status for the following:
weapons in your possession,
illegal substances in your possession,
concealment of your whereabouts,
failure to report to the parole authority,
association with persons having criminal records,
arrest and conviction of another offense.
(This information is from Free Advice, an extremely helpful site that give free legal advice to consumers. It is a helpful resource when trying to sort out confusing issues such as this.)
Posted by Angela at 04:47 PM
