Lancaster, CA asked in Constitutional Law and Criminal Law for California

Q: Is it unconstitutional to be in prison for 30 years without being granted a hearing or going to board

An attempted murder sentence been incarcerated for 30 years but never granted any type of hearing or been before the board. Is this unconstitutional

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, as well as in the wider United States, depriving an individual of the opportunity for parole without any type of hearing for an extended period like 30 years could potentially raise serious constitutional concerns under the due process clause of the 14th Amendment. Generally speaking, inmates have a right to periodic reviews of their cases, and such reviews could potentially be considered a requirement under the 8th Amendment prohibition on cruel and unusual punishment, depending on specific circumstances of the case. It is advised to seek legal assistance to review the specifics of the case and take appropriate legal actions.

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