Test 4 day 1 - Advanced Principles—CCJ 3024 Week 11...

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Advanced Principles—CCJ 3024 Week 11 Prisoner Rights & Living in Prison Dr. Jodi Lane Fall 2016 November 1
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PRISONER RIGHTS
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Freedom of _________ is Guaranteed by the ______ Amendment ____________ were instrumental in the 1960s and 70s in fighting for: access to __________ group worship special _________ for religious reasons ability to receive religious materials Very long and wishy-washy process Rights still not guaranteed in all situations especially if threat to ____________
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“_____________” Cases _______________, 1964 Wanted rooms & meeting times, correspondence with local Muslim ministers, meetings conducted by authorized Muslim ministers, ordering of pubs related to their religion Ruling : Defiance & antipathy not enough to suppress Black Muslim religion
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“Black Muslim” Cases _________________ , 1970—”Black Muslim Decision” Ruling : Prison officials do not have to provide Black Muslim publications that encourage defiance of prison authorities unless properly interpreted by a trained Muslim minister
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More on Religion ____________________ (1972) He was a Buddhist, was not allowed to use chapel and was placed in solitary for sharing his materials Ruling : access to a minister is a right Ruling : unconventional faiths have same rights as conventional ones ____________________ (1987) Muslims were not allowed to attend weekly religious service (some based on level of custody) Ruling : Can deny inmates access to certain religious practices if “legitimate penological %”
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More on Religion Holt v. Hobbs (2015) Supreme court ruled that Muslims cannot be forced to shave their beards if due to religious belief (_________________) Violated the Religious Land Use and Institutionalized Persons Act
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Freedom Of Speech is also Guaranteed by First Amendment There are some times when censorship of magazines & outgoing mail justified Procunier v. Martinez (1974) prison mail censorship constitutional only when furthers security & rehab & when restrictions are no > than necessary Wolf v. McDonnell (1974) can open mail from attorney in front of inmate, but cannot read it
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Freedom of Speech (cont’d) Thornburgh v. Abbott (1989) ruled that prison regs restricting receipt of pubs from outside prison ok only if “reasonably related” to legitimate penological %
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Freedom from unreasonable search and seizure is protected by 4 th Amendment Bell v. Wolfish (1979) 4 th Amendment Issues: strip searches, restrictions on hardcover books, Ruling : Strip search & body cavities ok when order and security needs outweigh personal rights contact visits yes, behind glass no Privacy needs
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