Extraordinary and compelling: The use of compassionate release laws in the United States.

As the United States’ prison population has increased in size and aged, the number of older inmates in deteriorating health has grown markedly. In 1984, federal compassionate release laws were established, allowing for the release of inmates given “extraordinary and compelling circumstances” not present at sentencing. Many states established similar laws. Despite possible financial and ethical benefits of compassionate release, few inmates have been released under these laws. This research explored why. In Study 1, to assess the scope of this legislation, we provided a compendium of relevant laws, including information on jurisdictions with such laws, criteria for release outlined in each law, and exceptions that may preclude release. Results demonstrated that as of 2016, 46 jurisdictions had a compassionate release law in place. The most frequently cited criterion for release was having a chronic illness. In Study 2, to assess the possibility that public sentiment presents obstacles to using these statutes, we probed members of the public and prison wardens on perceptions of the laws, including factors (i.e., criminal history and offense type) associated with willingness to recommend release of a chronically ill inmate. Both community members and wardens were generally supportive of compassionate release, especially for nonviolent inmates and those with no criminal history. To explain why these statutes are underutilized, we comment on the complexity and diversity of m...
Source: Psychology, Public Policy, and Law - Category: Medical Law Source Type: research