Summary

Portrait of Hugo Black Hugo Black Zerbst v. Kidwell — Opinion of the Court

The District Court, believing the first sentences 'began to run again the moment * * * (respondents were) received at the Penitentiary,' discharged respondents from custody on habeas corpus proceedings. [2] The Court of Appeals affirmed. [3] Due to the importance of the question involved, we granted certiorari. [4]
When respondent committed a federal crime while on parole, for which he was arrested, convicted, sentenced, and imprisoned, not only was his parole violated, but service of his original sentence was interrupted and suspended.
Source: Wikisource

Portrait of Hugo Black Hugo Black Zerbst v. Kidwell — Opinion of the Court

It is not reasonable to assume that Congress intended that a parolee whose conduct measures up to parole standards should remain under control of the board until expiration of the term of his sentence, but that misconduct of a parole violator could result in reducing the time during which the board has control over him to a period less than his original sentence.
Parole is intended to be a means of restoring offenders who are good social risks to society
Source: Wikisource

Portrait of Hugo Black Hugo Black Zerbst v. Kidwell — Opinion of the Court

Unless a parole violator can be required to serve some time in prison in addition to that imposed for an offence committed while on parole, he not only escapes punishment for the unexpired portion of his original sentence, but the disciplinary power of the Board will be practically nullified. If the parole laws should be construed as respondent contends, parole might be more reluctantly granted, contrary to the broad humane purpose of Congress to grant relief from imprisonment to deserving prisoners.
Source: Wikisource

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