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0495808652 282843

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0495808652 282843 0495808652 282843 Presentation Transcript

  • CorrectionalIssues
  • Legal Issues and the Death Penalty
  •  Constitutions  Basic principles  Procedural safeguards  Institutions of government ▪ Legislature, judiciary, executive  Powers of government  Rights of individuals  Bill of Rights
  •  Restrictions on the Rights of Prisoners  Maintenance of institutional order  Maintenance of institutional security  Rehabilitation of inmates
  •  Statutes  Laws passed by the legislatures  Federal and state  More specific than constitutions
  •  Case Law  Court decisions  Precedent Regulations  Rules made by federal, state, and local administrative agencies
  •  The End of the Hands-off Policy  Cooper v. Pate (1964)  Habeas corpus  Anti-Terrorism Act  Prisoner Litigation Reform Act
  •  Access to the Courts  Jailhouse lawyers  Law libraries The Prisoners’ Rights Movement  NAACP’s legal defense and education fund  American Civil Liberties Union
  •  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
  •  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
  •  The Fourteenth Amendment  Due process in prison discipline ▪ Solitary confinement ▪ Good-time credit  Equal protection ▪ Racial discrimination ▪ Female offenders
  •  A Change in Judicial Direction  Less supportive of prisoners rights over the last 30 years  Deliberate-indifference
  •  Section 1983 Lawsuits
  •  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
  •  The Ombudsman  Investigates complaints and recommends action Mediation  Voluntary process  Intervention by a neutral third party Legal Assistance  “jailhouse” lawyers  Law school clinics
  •  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)
  •  Executions by State, 1976-2009
  •  Continuing Legal Issues  Execution of the mentally ill  Effectiveness of counsel  Death-qualified juries  Execution for child rape  Appeals
  •  Who Is on Death Row?