This chapter discusses the legal and extralegal factors that affect a parole board member’s decision regarding whether or not to release a prisoner on parole. While some states have mandatory parole, others have discretionary parole, which is the most widely cited process for parole release in the US currently. Discretionary parole allows a board to decide if the prisoner should be released based on statutory factors, which are examined in this chapter. However, they might also be influenced by emotions, biases, public/political pressure, and other extralegal factors. The chapter provides an overview of what these extralegal factors are and how they might affect decisions. The chapter also provides an examination of both parole board member and inmate characteristics that influence release decisions, with a focus on if and how they affect risk assessments. The chapter synthesizes this body of research and offers future directions and implications for the legal field. Future research and/or policy implications are discussed.

As should be clear from the preceding 50 chapters in this book, the type and number of decisions made in the legal system are virtually endless. In the criminal context, the offenders decide to commit, the victims decide whether to report, and bystanders decide whether to report or cooperate. The police decide if and how they will interrogate. Suspects decide whether to cooperate with police and whether to accept a plea bargain. Attorneys decide whether to prosecute and encourage their clients to settle or negotiate a plea bargain. Psychologists decide if a defendant is competent, insane, and/or amenable to treatment. Jurors decide a verdict (and occasionally, as in death penalty trials, a sentence), and judges decide whether to admit evidence and what sentence a defendant should receive. In the civil context, people harmed decide whether to sue, and attorneys decide whether to take the case and what evidence to rely on. Judges make decisions throughout the civil litigation process, and both jurors and judges can make ultimate decisions (e.g., verdict, damages). Other decisions include legislators’ decisions on defining crime, social workers’ decisions on whether to take action against a parent who is under their supervision, parole board members’ decisions on whether a person in prison should be released, and so on.

Decisions made within the legal and criminal justice systems are often consequential, shaping the lives of individual people and providing a foundation by which people perceive, interpret, and understand justice. These decisions are made by individual people (e.g., judges, case workers, and attorneys) and collectives (e.g., juries, legislatures, and parole boards), and often have far-reaching implications. Together, they create a historical backdrop to how society views and comprehends current legal decision-making. This book provides a comprehensive understanding and detailed synthesis of legal decision-making research, examining theories and decision models and discussing applications to law, policy, and practice from a psychological perspective.