The Law of Corrections

The Law of Corrections - Chapter 13 The Law of Corrections...

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Unformatted text preview: Chapter 13 The Law of Corrections: Summary The Four Sources of Correctional Law Constitution Statute Case Law Amendments 1, 4, 8, 14 Administrative Regulations Precedent FBOP, KDOC The Four Primary Amendments 1st Amendment 4th Amendment Speech, religion, press, assembly Unreasonable search and seizure Cruel and unusual punishment Due process, equal protection Courts have used this to applied some provisions of the Bill of Rights to the states (doctrine of selective incorporation)most after 1962 were incorporated 8th Amendment 14th Amendment (1868) The Fifth Amendment Right to avoid selfincrimination McKune v. Lile (2002) Forced participation in sex offender treatment program as a condition of parole is not a violation of an inmate's 5th amendment rights "Hands off" and beyond Ruffin v. Commonwealth (1871) Cooper v. Pate (1964) "hands off" and "slave of the state" Civil Rights Act of 1871, 42 USC 1983 Habeas corpus: "you have the body" Imposes civil liability so that individuals can sue state actors in federal court Known as the "Ku Klux Klan" Act Court order demanding justification for continued confinement 4 Legal Doctrines: "Standards" "Least restrictive" "Compelling state interest" "Clear and present danger" "Rational basis test" Can infringe on 1st Amendment rights Advances a legitimate penological interest or institutional goal Other legal "catch phrases" "Totality of conditions" "Deliberate indifference" "Customs and usages" Turner v. Safley (1987) Standard for Judicial Review 1. 2. 3. 4. Is the challenged prison regulation reasonably related to a legitimate penological interest? Are alternative means open to inmates to exercise the asserted right? What impact will an accommodation of the right have on guards and inmates and prison resources? Are there 'ready alternatives' to the regulation? Can a facility...? (Name the amendment!) Censor inmate mail to or from outside? Censor inmate to inmate communications? Chain an inmate to a hitching post as a disciplinary process? Conduct a strip search? Prohibit an inmate's children from visiting? Can a facility...? (Name the amendment!) Search an inmate's cell and seize materials? Refuse to provide an inmate an attorney during a disciplinary hearing? Make an inmate work on his/her "sabbath"? Refuse to accommodate a particular diet? Transfer an inmate to disciplinary segregation without due process? New(er) 1 Amendment Case st Cutter v. Wilkinson (2005) Religious practice accommodated in absence of compelling state interest (Satanism, Wicca, Asatru, Church of Jesus Christ Christian) Prison Litigation Reform Act, 1995 restricted number of 1983 lawsuits gives greater deference to prison administrators in operation of facilities "exhaustion" of administration remedies prohibits filing of a lawsuits if inmate has filed 3 prior "frivolous" suits # has dropped by nearly 50% since enactment, despite increase in prison population Hot Off the Press!! Jones v. Bock (2007) Important Cases and Legislation Ruffin v. Commonwealth (1871) Cooper v. Pate (1964) Wolff v. McDonnell (1974) Estelle v. Gamble (1976) Bell v. Wolfish (1979) Ruiz v. Estelle (1980) Hudson v. Palmer (1984) Turner v. Safley (1987) Wilson v. Seiter (1991) Newer Cases/Legislation Religious Freedom Restoration Act (1993) Prison Litigation Reform Act (1995) Religious Land Use and Institutionalized Persons Act (2000) Hope v. Pelzer (2002) Overton v. Bezzetta (2003) Cutter v. Wilkinson (2005) Jones v. Bock (2007) Related Cases Morrisey v. Brewer (1972) Gagnon v. Scarpelli (1973) Parole revocation must have due process Probation revocation must have due process BUT no right to parole, conditional release Greenholtz v. Inmates (1979) Monell v. NY Dept. of Social Svcs (1979) Booth v. Churner (2001) Individuals AND agencies can be sued due to "customs and usages" Suit seeking $ must go through prison hoops QUESTIONS? ? ...
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This note was uploaded on 04/07/2008 for the course CJ 102 taught by Professor Crews during the Spring '07 term at Washburn.

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