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Flashcards in Quiz 5 Deck (43)
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1

Hands-Off Policy

•Shaped most of our correctional history.
•Prisons/prisoners isolated from society.
•Prison wardens ran prisons as they saw fit.

2

End of Hands-Off

1960s - Civil Rights
Courts intervening and protecting prisoner's rights
•Cooper v. Pate – 1st Amendment issue
•Civil Rights Act of 1871 (42 U.S.C. 1983)

3

Cooper v. Pate

Freedom of religion
Freedom of religion other than mainstream christianity. Cooper extended the civil rights act of 1871 to prisoners and allowed for prisoners to have protections under the act

4

Foundation of Prisoner's Rights

• Legal basis of rights
Constitution (fed)
Statutes (state)
Case law (courts)
Regulations

5

Prison administrators can restrict rights of prisoners in order to maintain, rights may be abridged:

•Administrator must show need in best interests of:
Order
Security
Rehabilitation

6

Constitutional Rights: Limitations on the rights of prisoners were justified by:

•Least restrictive methods
•Compelling state interests
•Clear and present danger

7

Turner v. Safley (1987)

Rational Basis Test
In order for prison administrators to restrict prison behavior:
•Rational connection between regulation and legitimate interest put forward to justify it.
•Must be alternative means of exercising rights.
•Must be minimal impact of regulation on staff and other prisoners.
•No less restrictive alternative is available.

Restricts letters between institution based on rational basis test.

8

Thornburn v. Abott

Freedom of Speech
Prison wanted to restrict some materials coming in, some publications could be detrimental.

Supreme court agreed, saying restricting some publications was covered under the rational basis test

9

O’Lone v. Estate of Shabazz (1987)

Freedom of Religion
Restriction of freedom of religious experiences for prisoners - concerns safety and control of prisoners. Influenced by rational basis test

10

Rational Basis Test

In order for prison administrators to restrict prison behavior:
•Rational connection between regulation and legitimate interest put forward to justify it.
•Must be alternative means of exercising rights.
•Must be minimal impact of regulation on staff and other prisoners.
•No less restrictive alternative is available

11

Bell v. Wolfish (1979)

Fourth Amendment
Pretrail detainees
Not yet convicted but treated like prisoners
People's rights to privacy in terms of strip searches
In the interest of the institution, if it is reasonable for the institution to suspect contraband was passed, then it is reasonable for a strip search. Courts upheld the right of jails to strip search detainees.

12

Lee v. Downs (1981)

Fourth Amendment
Expectations of privacy in prison
Staff off opposite sex
Correctional officers of opposite sex, in areas where prisoners can be fully or partially disrobed, prisoners are only to be in contact with those of the same sex.

13

US v. Hitchcock (1972)

Fourth Amendment

14

Estelle v. Gamble (1976)

Eighth Amendment
If prison administrators act with deliberate indifference, meaning they do not treat or respond to an inmate’s medical injury or emergency, then health care is an issue. Without deliberate indifference, there is no problem.
Only basic health care is covered.

15

Holt v. Sarver (1970) (Arkansas)

8th amendment
Person came in to prison undercover as a prisoner, living and taking note of the horrible conditions. Entire institution was substandard that the totality of conditions were unconstitutional
Court took over prison to remedy conditions

16

Pugh v. Locke (1976) (Alabama)

8th Amendment
Prison was considered to be unhealthy. Deprivation, substandard of food.
Court took over prison to remedy

17

Wolff v. McDonnell 1974

Established due process to those who have been accused of crimes which occurred in prison. Prisoners have the write to written notifications to any charges against them. Must be a hearing to which the prisoner can hear the accusations and can issue a rebuttal.

18

Current Legal Issues

• Restrained hands and diminished access
• Issue of frivolous lawsuits
• Reduced prisoner access to the courts


We dont want to hear about frivolous cases, we want to hear about the real issues.

19

Prison Litigation Reform Act of 1996

a court “shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right.

20

Alternatives to incarceration - Community based corrections

•Wide variety:
Diversionary programs
Probation
Intermediate sanctions
Reentry programs
Parole

21

Pretrial Diversion Programs

(1) uniform eligibility criteria;
(first contact, non violent)
(2) structured delivery of services and supervision;
(3) dismissal—or its equivalent—of pending criminal charges upon successful completion of the required term and conditions of diversion.

22

Jail Diversion

•Individuals may be “diverted” either at arrest or at various points during criminal justice processing.
•Identifies and moves defendants to alternative programming throughout the arrest, adjudication, and judgment processes

23

Post-plea diversion

Courts hold guilty pleas or convictions in abeyance pending a defendant’s completion of community-based supervision and/or treatment or service programs.

Pleas and convictions are vacated following successful program completion.

24

Probation

A form of punishment that permits a convicted offender to remain in the community, under supervision of a probation officer and subject to certain conditions set by the court.

25

People on probation

78% men. 54% white, 31% black

26

Violent offenses on probation

18-19%

27

Rate of community supervision and probation rate over last 12 years has ____

Declined

28

Over_____ of people on probation from 2008-2012 had completed their probation

2/3rds

29

Kalamazoo Community Corrections

•Drug testing
•Electronic monitoring
•Intensive supervision
•Jail screening
•Life skill training classes
•Mental health assessments
•Pretrial supervision
•Probation residential services
•Substance abuse assessments

30

Intermediate Sanctions

• Punishments involving sanctions existing somewhere between incarceration and probation on a continuum of criminal penalties. Greater surveillance and control compared to probation.
• Tether
• House arrest
• Day reporting centers
• Halfway house