what are the four foundations that support the legal rights of indv.
constitutions
statutes
case law
regulations
constitutions
fundamental law contained in a state or federal document that provides a design of gov and lists basic right for indv.
what 3 specific interests in justifying restrictions on the constitutional rights of prisoners
institutional order
institutional security
rehabilitation of inmates
statue
law created by the peoples elected representatives in legislatures
case law
legal rules produced by judges decision
precedent
legal rules created in judges decisions that serve to guide the decisions of other judges in subsequent similar cases
regulations
legal rules usually set by an agency of the executive branch designed to implement in detail the policies of that agency
hands off policy
a judicial policy of noninterference concerning the internal administration of prisons
two specific details about Ruffin vs Commonwealth 1871
1. prisoners do not have rights
2. the sep of powers among the three branches of gov. prevented them from interfering in the operations of any executive agency.
cooper vs plate
signal the end of the hands-off policy
through_________the court stated that state prisoners were persons whose rights are protected by the constitution.
civil rights act of 1871 section 1983
what was the most commonly used legal action to challenge prison and jail conditions
sections 1983
habeas corpus
a writ (judicial order) asking a person to produce the prisoner and to give reasons to justify continued confinement
the rights applicable to inmates are essentially summarized in a handful of phrases in four of the amendments to the US Constitution.. What are they?
1st ,4th,8th,14th
1st amendment
freedom of speech, press, to assemble, and to petition
4th amendment
the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause.
8th amendment
excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted.
14th amendment
all persons born or naturalized in the US and subjects to jurisdiction are citizens of the US and of the state wherein they reside. no state shall make or enforce any law which law which shall abridge the privileges or immunities of citizens of US; nor sh
minimum procedures for serious prisoner disciplinary action
24 hr notice written charges
right to present witnesses and doc evidence
right to hearing
right to receive a written statement
wolf vs mcdonnell
extended certain due process rights to prisoners in disciplinary hearings, including procedures to guarantee due process.
civil liability
responsibility for the provision of monetary or other compensation awareded to a plantiff in a cruel action
least restrictive methaod
means ensuring a legitimate state interest (such as security)that impose fewer limits to prisoners rights than do alternatives means of security that end
rational basis test
reguires that a regulation provide a reasonable rational method of advancing or legitmate institutional goal.
the inmate grievance procedures can help defuse tensions in correctional facility. it also serves as an___________
management tool.
prisoners face 3 problems concerning litigation
no representation, constitutional standards are diff to meet, changes in policies and financial compensations make take a long time
what are the four alternatives to litigation
grievance procedures, ombudsman, mediation, legal assistance
ombudsman
public official who investigates complaints against gov officials and recommends corrective measures
mediation
invention in a dispute by a third party to whom the parties in conflict submit their difference for resolution and whose decision (in the correctional setting) is binding on both parties
legal assistance
prisoners must have access to legal resources so that they can seek postconviction relief.
morrisey vs brewer
parollees facing revocation must be given due process through a prompt informal inquiry before an impartial hearing officer
to step revocation hearing process
hearing officer determines whether there is probable cause that a violation has occurred.
parolee must receive a notice of charges and the disclosed evidence of the violation
how should correctional workers protect themselves from civil rights suites?
follow policy, obtain good training, familiar with the law, good mentor, keep good records.
procedural due process
the constitutional guarantee that no agent or instrumentally of government will use any procedures other than those procedures prescribed by law to arrest, prosecute, try, or punish any person.
legitmate
Being in compliance with the law; lawful
due process
is the legal requirement that the state must respect all of the legal rights that are owed to a person