2. Foundations of Correctional Law
Four foundations supporting the legal rights of
inmates under correctional supervision:
Constitutions
Statutes
Case law
Regulations
3. 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
4. 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
5. The Foundations of Correctional Law
Restrictions on the Rights of Prisoners
Maintenance of institutional order
Maintenance of institutional security
Rehabilitation of inmates
6. The Foundations of Correctional Law
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
7. The Foundations of Correctional Law
Case Law
Court decisions
Precedent
Regulations
Rules made by federal, state, and local
administrative agencies
9. 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?
10. 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
11. 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
12. Constitutional Rights of Prisoners
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
13. Constitutional Rights of Prisoners
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
15. Constitutional Rights of 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
17. 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?
18. Constitutional Rights of Prisoners
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
19. Constitutional Rights of Prisoners
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)
21. 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?
22. Constitutional Rights of Prisoners
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
23. 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
24. 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
25. 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
27. The Death Penalty
Continuing Legal Issues
Execution of the mentally ill
Effectiveness of counsel
Death-qualified juries
Execution for child rape
Appeals
APImages/AmberHunt
Sources: Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics, 1977 (Washington, DC: U.S. Government Printing Office, 1978), Table 5.28; Ann L. Pastore and Kathleen Maguire, eds., Sourcebook of Criminal Justice Statistics, Table 5.65.2007, www.albany.edu /sourcebook/pdf/t5652007.pdf, June 15, 2009.
Sources: Death Penalty Information Centre; NAACP Legal Defense and Education Fund.
Source: Bureau of Justice Statistics, Tracy L. Snell, July 2013, Capital Punishment, 2011—Statistical Tables.