Corrections chapter 11 ppt

Legal Issues &
the Death
Penalty
Chapter 11

Foundations of Correctional Law
 Four foundations supporting the legal rights of
inmates under correctional supervision:
 Constitutions
 Statutes
 Case law
 Regulations

The Foundations of Correctional Law
 Constitutions
 Basic principles and procedural safeguards
 Describe the institutions of government
 Legislature, judiciary, executive
 Describe powers of government
 Describe the rights of individuals

Foundations of Correctional Law
 Bill of Rights provide protection against
government:
 Freedom of religion, association, and speech
 Limit unreasonable search and seizure
 Due process requirement
 Prohibit cruel and unusual punishment

 Restrictions on the Rights of Prisoners
 Maintenance of institutional order
 Maintenance of institutional security
 Rehabilitation of inmates

 Statutes
 Laws passed by the legislatures at all levels of
government
 US Congress responsible for problems
concerning the entire country
 Federal and state
 More specific than constitutions

 Case Law
 Court decisions
 Precedent
 Regulations
 Rules made by federal, state, and local
administrative agencies

Correctional Law and the U.S.
Supreme Court
 The End of the Hands-off Policy
 Cooper v. Pate (1964)
 Civil Rights Act of 1871
 Habeas corpus
 Prison Litigation Reform
Act
 Anti-Terrorism Act
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Discussion Question
Do you believe prisoners should have equal
protection under the law? How far is too far
when limiting the rights of inmates for their
protection and the protection of others?

Correctional Law and the U.S.
Supreme Court
 Access to the Courts
 Jailhouse lawyers- Johnson v. Avery (1969)
 Law libraries- Bounds v. Smith (1977)
 The Prisoners’ Rights Movement
 NAACP’s legal defense and education fund
 American Civil Liberties Union

Constitutional Rights of Prisoners
 The First Amendment
 Least restrictive method
 Compelling state interest
 Clear and present danger
 Rational basis test
 Rational connection
 Alternative means
 Minimal impact
 No less-restrictive alternative

 The First Amendment
 Speech
 Censorship of mail only allowed in cases of
compelling government interest in maintaining
security
 Religion
 Black Muslims
 Native Americans
 Orthodox Jews

 The Fourth Amendment
 Selected Interpretations of the Fourth Amendment as
applied to Prisoners
 Only protects against “unreasonable” search and seizure
 Hudson v. Palmer (1984)
 Varying levels of intrusiveness:
 Metal detectors
 Pat-down searches of clothed inmates
 Strip search
 Body cavity search

 The Eighth Amendment
 Tests to determine constitutionality
 Whether the punishment shocks the general
conscience of a civilized society
 Whether the punishment is unnecessarily cruel,
and
 Whether the punishment goes beyond legitimate
penal aims
 Totality of conditions
 Extreme conditions

Discussion Question
Imagine you are an inmate and have been
brutality attacked 4 times in your first 7
months in prison by 4 different cellmates. You
have made the claim that the prison continues
to put violent criminals in your cell in an
attempt to harm or kill you because you
committed a violent crime against a teenager
and they feel you should suffer. What legal
argument do you have?

 The Fourteenth Amendment
 Procedural due process in prison discipline
 Solitary confinement, parole release, transfers to
other prisons, segregation transfers, disciplinary
hearings
 Equal protection
 Racial, gender and religious discrimination not
tolerated

 A Change in Judicial Direction
 Wolff v. McDonnell (1974)
 Less supportive of prisoner’s rights over the
last 30 years
 Deliberate-indifference
 Prison Litigation Reform Act (1996)

 Section 1983 Lawsuits

Discussion Question
Although the 14th amendment applies to both
male and female prisons, what are some
obvious differences in the manner in which
the prisons are run and the programs that are
available? Does this constitute a 14th
amendment violation?

 Litigation is neither effective or satisfying from
the perspective of an inmate.
 Prisoners face 3 problems:
 Lack legal representation
 Constitutional standards are difficult to meet
 Changes in policy or financial compensation can
take a long time

Alternatives to Litigation
 Inmate-Grievance Procedures
 Most correctional systems use a three-step
inmate-grievance process
 Receipt of complaint
 Investigation of complaint
 Decision
 Some grievances easier to resolve than others

Alternatives to Litigation
 The Ombudsman
 Investigates complaints and recommends action
 Mediation
 Consensual and voluntary process
 Intervention by a neutral third party
 Legal Assistance
 “jailhouse” lawyers
 Law school clinics

The Death Penalty
 Key U.S. Supreme Court Decisions
 Furman v. Georgia (1972)
 Gregg v. Georgia (1976)
 Atkins v. Virginia (2002)
 Ring v. Arizona (2002)
 Roper v. Simmons (2005)
EricNathan/Alamy

The Death Penalty
 Executions by State, 1976-2009

The Death Penalty
 Continuing Legal Issues
 Execution of the mentally ill
 Effectiveness of counsel
 Death-qualified juries
 Execution for child rape
 Appeals
APImages/AmberHunt

Corrections chapter 11 ppt

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Corrections chapter 11 ppt

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