CHAPTER 15 and 16
PRISONS: THEIR GOALS AND MANAGEMENT
INTRODUCTION TO CRIMINAL JUSTICE
I. GOALS OF INCARCERATION:
Custodial Model:
Purpose of prison:
Goals:
Status:
Rehabilitation Model:
Purpose:
Goals:
Status:
Reintegration Model:
Purpose:
Goals:
Status:
II. PRISON ORGANIZATION:
Management issues in prison
III.GOVERNING A SOCIETY OF CAPTIVES
IV.CORRECTIONAL OFFICERS
VI. PRISONERS RIGHTS
Pre-1965: Hands off doctrine
Ruffin v. Commonwealth (1871) Virginia case.
Post 1965
Types of Suits
Habeas Corpus
Civil Rights
Cooper v. Pate (1964)
Constitutional Amendments effecting prisoner rights.
Balancing Test:
Prison inmates retain those Constitutional Rights that are not inconsistent with their status as a prisoner or with the legitimate penological objectives of the corrections system.
Penological Objectives
Reasonable Penological Objectives means:
Is there a valid, rational connection between the restriction and legitimate interests of the institution
Does the inmate have other ways in which to exercise their rights
If the right is accommodated, what impact will it have on staff, the institution and other inmates.
Reasonable means that there are no ready available alternatives
First Amendment:
Speech
Religion:
Fourth Amendment:
Eighth Amendment:
Basic rule: Prisons must maintain decent living conditions and minimum standards of health.
Prison Conditions
1982: Ruiz v. Estelle:
Fourteenth Amendment
Wolf v. McDonnell (1974):
Notice of the complaint
fair hearing
confront witnesses
assistance in preparation for the hearing (no right to counsel)
written statement of the decision
Sandin v. Conner (1996):
Recent Trends:
Prison Reform Litigation Act (1996):
Limits the number of civil rights lawsuits an inmate can file
Elderly
Mentally Ill