Are limiting enactments effective? An experimental test of decision makingin a presumptive parole state

The 1979 New Jersey Parole Act attempted to limit parole discretion through the policy of presumptive parole, mandating release upon first eligibility unless the paroling authority found preponderant evidence of future recidi vism. The goal of this study was to determine if decision making complied w ith the 1979 law, and whether factors such as plea bargaining, aggravation, or type of dime affected these decisions. An experimental design of simula ted parole cases was utilized. Four types of cases were randomly assigned t o ten parole hearing officers: celltype 1 cases included neither plea nor a ggravating factors; celltype 2 included plea bargaining, but no aggravating factors; celltype 3 included both plea bargaining and aggravating factors; while celltype 4 cases included aggravating factors bus no plea bargaining . Comparisons across celltypes were made using chi-square and legit techniq ues. Results indicate that decision behavior has not been modified or "rest ricted" despite the changed parole law. Type of crime was the most influent ial factor; with aggravation being significant among the celltype traits. T he presence or absence of plea bargaining had no effect. The implications f or limiting enactments are discussed. (C) 1999 Elsevier Science Ltd. All ri ghts reserved.