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44 Ohio N.U. L. Rev. 263 (2018)
No Indeterminate Sentencing without Parole

handle is hein.journals/onulr44 and id is 283 raw text is: 




  NO   INDETERMINATE SENTENCING WITHOUT PAROLE


               KATHERINE   PUZAUSKASO & KEVIN MORROWO


                                ABSTRACT
    This article looks critically at the indeterminate sentencing system that
survived  after the elimination of parole in Arizona in 1993.  It begins by
exploring  the purpose and  history of indeterminate sentencing and  parole
as well as its earliest constitutional challenges and eventual decline. Next it
compares   two commonly  confused forms  of release: parole and executive
clemency.   The article then examines the three types of defendants affected
by  indeterminate sentences  without parole: death  row  defendants  denied
parole  eligibility instructions at trial, defendants sentenced with parole at
trial, and defendants whose  plea agreement   includes parole. Finally, the
article argues that without parole, indeterminate sentencing systems like the
one  used in Arizona should be ruled unconstitutional.


 Professor of Practice, Sandra Day O'Conner College of Law; former executive director of the Arizona
Justice Project; J.D. Howard University.
J.D. Candidate, Sandra Day O'Conner College of Law, 2018.
This article does not address Arizona Senate Bill 1211 (2018) which may permit parole eligibility for
pleading inmates sentenced to life with the possibility of parole after a minimum number of years.


263

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