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Parole in the state of georgia was recently denied due to o.c.g.a 42-9-42(c). Can someone explain?

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Zigner

Senior Member, Non-Attorney
Lol if that was financially possible I wouldn't be here explaining or trying to understand for myself. Thank you kindly though.
Then settle in to wait a little longer. The killer will be released in due time.
 

adjusterjack

Senior Member
GA Code 16-5-2 (a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

Who did he kill and what were the circumstances?

Did he have a prior criminal record?

Was his conviction based on a plea bargain down from murder or was it the jury's findings?

Details might help us formulate an opinion (guess) as to why parole was denied.
 

Just Blue

Senior Member
If you answer Jack's questions in post #19 we may be able to offer a guess as to why parole was denied.
 

quincy

Senior Member
And inmate was reviewed for parole ...Parole sent notification saying that they reviewed the case and chose to rescind original parole due to ocga 42-9-42c. They decided original parole date wasn't compatible with the welfare of society. Inmate has e a earned a year off sentence due to good behavior, good work history and completion of education programs and case plan ...but in the same breath parole is denied? Inmate is incarcerated for voluntary manslaughter. Completed 14 yrs of 20 yr sentence. Just trying to understand deny so that I can assist with appeal
Here is a link to “The Parole Process in Georgia,” published by the Georgia State Board of Pardons and Paroles:

https://pap.georgia.gov/parole-process-georgia-0

FreeAdvice has a member who is a probation officer (albeit not in Georgia) and perhaps “Indiana Filer” will stop by to offer some insight.
 

quincy

Senior Member
Rehabilitated? Well, now, let me see. You know, I don't have any idea what that means
It seems to me that it would be hard to be “rehabilitated” when convicted of voluntary manslaughter. Voluntary manslaughter essentially is murder with provocation. What prevents someone from being provoked again? I don’t know.

Here is a link to the National Institute of Corrections (NIC) on recidivism, and studies of what can be effective in reducing the risk of a parolee committing another crime:

https://nicic.gov/tags/recidivism
 

Zigner

Senior Member, Non-Attorney
It seems to me that it would be hard to be “rehabilitated” when convicted of voluntary manslaughter. Voluntary manslaughter essentially is murder with provocation. What prevents someone from being provoked again? I don’t know.
With provocation and without premeditation.

In essence, it's when one's kneejerk reaction to an event is to kill someone, as opposed to taking some time to think "ya know...I should kill that person".

Such knee-jerk reactions don't bode well for the safety of citizens in a society.
 

quincy

Senior Member
... In essence, it's when one's kneejerk reaction to an event is to kill someone, as opposed to taking some time to think "ya know...I should kill that person".

Such knee-jerk reactions don't bode well for the safety of citizens in a society.
I agree.

Perhaps anger management classes can help someone convicted of voluntary manslaughter learn to control violent reactions to provocations. Apparently the Parole Board is not (yet) willing to risk the public’s safety to see.
 

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