ch 5 the law of corrections

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