University News Last updated 15 March 2022
A research article from BCU’s School of Law has been quoted in a New Jersey Superior Court, Appellate Division case, providing clarity around important terms used to dictate the compassionate release of prisoners.
Compassionate release procedures typically allow prisoners to seek early release because of serious health issues.
The article, co-authored by Dr Sarah Cooper and practicing US lawyer Cory Bernard, examines medical parole-related petitions in US Courts, mapping petitions to areas of concern about compassionate release practices.
One area of concern is that compassionate release applications are subject to overly burdensome eligibility requirements, which can limit consideration of the effects ill health can have on a person’s ability to reoffend.
Dr Cooper and Mr Bernard argued that eligibility criteria should not be unduly strict, cruel, or vague, and that the assessment of a prisoner's risk to public safety should be nuanced and evidence-informed, reflecting that ill health likely lessens that risk.
Impacting real cases in the US
In 2021, Cooper and Bernard’s article was quoted by the Superior Court of New Jersey when considering the compassionate release application of a 72 year-old inmate with heart disease. The inmate was serving two life sentences and the court referenced the article as part of its judgement, reflecting on the inmate’s physical condition and how this would reduce the threat to public safety if they were to be released.
The article was inspired by Dr Cooper's nationwide study of compassionate release procedures in the United States, which was funded by the Leverhulme Trust and British Academy.
Dr Cooper said:
Mr Bernard said: