CHAPTER ELEVEN: Legal Issues and the Death PenaltyLearning Objectives1. Discuss the foundations that support legal rights of prisoners.2. Describe the role of the U.S. Supreme Court in interpreting correctional law.3. Understand the constitutional rights of prisoners.4. List and describe alternatives to litigation.5. Discuss the case law concerning the application of the death penalty.Brief Chapter OutlineI. The Foundations of Correctional Law a. Constitutions b. Statutes c. Case Law d. RegulationsII. Correctional Law and the U.S. Supreme Court a. The End of the Hands-Off Policy b. Access to the Courts c. The Prisoners’ Rights MovementIII. Constitutional Rights of Prisoners a. The First Amendment b. The Fourth Amendment c. The Eighth Amendment d. The Fourteenth Amendment e. A Change in Judicial DirectionIV. Alternatives to Litigation a. Inmate-Grievance Procedure b. The Ombudsman c. Mediation d. Legal AssistanceV. The Death Penalty a. Key U.S. Supreme Court Decisions b. Continuing Legal Issues c. Who is on Death Row? d. Public Opinion and the Death Penalty
Media Toolshttp://www.deathpenaltyinfo.org/This website provides students with access to information concerning with death penalty.Students are linked to information, resources, facts, and reports about the past and currentpractices of the death penalty in the United States.http://www.prodeathpenalty.com/articles.htmThis website links students to many articles that maintain that the death penalty is an acceptablepunishment that should continue to exist in the United States.http://www.deathpenalty.org/This website links students to a nonprofit organization whose mission is to abolish the deathpenalty. The organization aims to spread their message through public education and a grassroots effort of political organization.http://bjs.ojp.usdoj.gov/content/pub/pdf/cp05.pdfThis publication provides students to access about statistical information and publications aboutthe death penalty in the United States. It includes information on state laws concerning the deathpenalty, methods of execution and the statistical information on the demographics of individualssentenced to death.http://abclocal.go.com/wabc/story?section=news/local&id=7574012The link above is an article that discusses how there has been an increase in the number oflawsuits filed by correctional inmates. It introduces the concept of frivolous lawsuits.The Life of David GaleThis film is a drama about the controversial death penalty. A philosophy professor is sentencedto death for the murder of his research coworker, both of whom work for a nonprofit agency thatwants to abolish the death penalty. The film addressed the common arguments for and againstthe death penalty.BrubakerAfter watching this film students should be able to discuss the concept of inhuman prisonconditions and the response of Warden Brubaker to remedy these conditions.