Compassionate Release: Exploring Humanity in Criminal Justice

Although the criminal justice system is present to provide law and order within society by discouraging criminal and harmful behavior, tough on crime policies can lead to serious harm of those convicted. When it comes to strict sentencing laws, there are moments that require judges and other authority figures to exercise mercy under certain circumstances. Compassionate release is one such legal mechanism.

By understanding what compassionate release is, the involved criteria, and subsequent challenges regarding the issue, individuals facing harsh sentencing and their loved ones can weigh their legal options.

Defining Compassionate Release

Compassionate release is a legal method that gives incarcerated individuals the ability to leave prison early based on the premise of extreme conditions or circumstances. Examples of eligible circumstances for compassionate release include severe health conditions or illnesses or very old age. This legal mechanism acknowledges that it is physically impossible for some individuals to serve as a threat to society based on health or age limitations, making their captivity only punitive.

Although many incarcerated individuals have historically had the potential to qualify for compassionate release, this legal option has been largely underutilized. However, recent conditions in the prison system have sparked debate among the public and in legal circles. Their concerns include the growing number of incarcerated individuals in society, especially the aging population of our prisons, and the morality of punishing the sick and dying.

As a result, there has been a greater call for extended use of compassionate release and introduction of similar legal options to improve the situation. Compassionate release recognizes that individuals who have been incarcerated have the capacity to change and contribute to society, as well as sees the humanity of a situation, especially if an inmate is suffering.

The U.S. Sentencing Commission’s 2023 Amendments: New Criteria

On April 5, 2023, a bipartisan group introduced key guidelines to update the existing federal sentencing guidelines, which introduces new “extraordinary and compelling reasons” that could lead to an individual getting their sentence reduced. This included the following:

• Physical or sexual abuse. If an incarcerated individual survives physical or sexual abuse by prison personnel, this can serve as grounds for compassionate release. However, the case must be established through an official criminal or civil case or administrative proceeding.
• Serious medical conditions. Incarcerated people who are suffering from a long-term, severe medical condition but are not receiving adequate care for their condition, and it is leading to an overall degradation of their health or risk of death can qualify.
• Pandemic conditions. This criterion was introduced as a result of the prisoners who were harmed during the COVID-19 pandemic. Individuals who are housed at a prison facility that has an imminent threat of a public health outbreak who have an existing condition that could pose a serious risk could be eligible for compassionate release.
• Family dynamics. In some cases, such as if the individual in captivity has a young child and they are the child’s only caregiver, they could be released to provide critical care for the child. Older individuals who have a severe mental or physical disability and cannot take care of themselves could be applicable in this situation as well.
• Long sentences. If an individual has served at least ten years of an unusually long sentence that would likely have been much shorter under reformed sentencing guidelines today, they could have grounds for compassionate release.

Considerations, Challenges, and Controversies of Compassionate Release

Compassionate release reforms are a strong stride forward for reforming the prison system that disproportionately disfranchises certain marginalized groups. Through these reforms, society can recognize the moral limits of carceral punishment, helping those who are too old or too sick to finish their sentence before it is officially scheduled to be over. It also allows for peace and serenity for these people who have already served long sentences in their final days.

An ongoing challenge with compassionate relief is the slow bureaucratic process that an individual must go through to get their release secured. To have an application for compassionate release approved, this requires interaction and approval from various stakeholders, including medical staff, courts, and prison authorities. If the inmate is suffering from a life-threatening illness, for example, these wait times can be devastating.

Unfortunately, as some states and prisons may have more lenient standards for compassionate release, the application of this legal tool is not consistent across the country, raising important questions of fairness. Furthermore, a lack of awareness of this tool has led to a historical underuse of the program, necessitating experienced legal assistance. However, with the introduction of the new amendment in 2023, the use of this tool is on the rise.

While some individuals may argue that compassionate release is a threat to justice and accountability, the majority see it as a necessary inhumane mechanism to show mercy and understanding in difficult circumstances.

How National Legal Professional Associates (NLPA) Can Help

Organizations like the National Legal Professional Associates (NLPA) assist families and legal professionals through the complex process of applying for compassionate release. NLPA helps identify whether an individual could be eligible for compassionate release and can support with filing an application and submitting required evidence and paperwork.

The team of compassionate legal professionals at NLPA understands the importance of a reformed criminal justice system that focuses on redemption and rehabilitation, as opposed to punishment and suffering. Therefore, we work to support and assist individuals who have found themselves or their loved ones behind bars by leveraging legal tools like compassionate release to navigate the situation to their advantage.

Find Out Whether You Qualify for Compassionate Release

If you believe you or a loved one could qualify for compassionate release, it is important to explore this possibility. Whether your loved one is behind bars with a terminal illness or has served ten years of an unusually long punishment, they could reap the benefits of compassionate release policies. Contact the team at NLPA today to understand what your options are and to take action.