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Unformatted text preview: 11-03-10CJ 471First AmendmentJones v. North Carolina’s Prisoner’s Labor Union (1977)•Could be part of a union but unable to actually “do” anything•Member, but activities did not occur •Prison wins •Pre-Turner Case•Dissenter’s complaint:oThere should be a higher level of justification oIn order to retain rights, you need a higher level of justificationoPredates Turner Test, but beginning the debate oBeginning of philosophical debateoPAPER TWOTurner v. Safely (1987)•Two issuesoPrisoner correspondence with each otheroMarriage between two prisoners •Court deeply dividedoO’Conner in the middleCame up with Turner Test•Turner TestoSomewhat malleable Eyes of the beholderWhich judge is looking at it?•MarriageoDue Process, Privacy, or Liberty as a substitute Hudson v. Palmer ((1984)•Fourth Amend – searches of cells and property•Prison officials won•Random jail searches are supposed to be both deterring and discovery•Prisoners have virtually no 4th...
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- Fall '10
- Fourteenth Amendment to the United States Constitution, Turner Test