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28 Cards in this Set
- Front
- Back
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Prisoners’ rights cases
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Based on constitutional safeguards of
due process, cruel and unusual punishment, censorship, free communication, access to the courts, religious and racial discrimination |
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The Writ of Habeas Corpus
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Most fundamental relief to those confined in fed or state correctional institutions
Allows individuals to seek relief by challenging the lawfulness of their confinement, contest the legality of it. 1944 Coffin v Reichard, could also challenge the conditions of their confinement and extended to physical abuse |
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Inmate Litigation and Jailhouse Lawyers
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Many state required that prisoners first submit legal documents to the prison administrators before they could file them in court.
Ex parte Hull (1941) The right to apply to a federal court for a writ of habeas corpus may not be impaired by the state or its officers |
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Jailhouse lawyers
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Some facilities forbid knowledgeable inmates from helping others.
Johnson v Avery (1969) Supreme Court ruled inmates may rely on the assistance of other inmates unless the institution offered a better alternative for legal assistance |
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Heavy volume but large dismissal rate
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Prisoner lawsuits escalated but have the worst success rate of any type of civil action
False perception that inmates abuse their rights of access to the courts False perception that type of suits filed are frivolous, these types of suits while annoying are atypical and usually dismissed |
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jail
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Two largest jail jurisdictions: LA AND NY CITY
50 largest jj house 1/3 of all inmates Females increasing on average 6.3% since 1990 each year Males 3.7% and were >8 times likely to be held than women Majority of jail inmates are black or Hispanic |
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Social sanitation
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Keep undesirables off the streets
But meant to protect society from dangerous persons |
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right to punish
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critics of privatization assert that the right and power of the state to punish is exclusively limited to the state.
The lowest bidder goes against fundamental principles of the administration of justice Defenders of privatization argue that law and tradition that privatization is an acceptable alternative |
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Richardson v. McKnight 1997
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The U.S. Supreme Court ruled that employees of private correctional firms under contract with a state or local government are not entitled to the immunity from prisoner lawsuits that protect prison guards who are on the public payroll.
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camp and gaes 2002
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conclude that private prisons appear to have systemic problems in maintaining secure facilities, particularly in light of problems associated with escapes and drug misconduct
institutional violence is strongly associated with staff inexperience, poor training, and questionable hiring practices |
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prison lobby
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Given the influence of capital over politics, critics also fear the emergence of a private prison lobby in which a full-fledged corporate public relations campaign sets out to whip up crime hysteria in order to generate profits.
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enviromental conditions model
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enviroment, such as bad food, brutality, no treatment programs
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spontaneity model
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riots are unplanned, precondidtions wiht a detonator. some incident sets off a chain of events
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conflict model
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offcial repression. limits need to resolved conlficts, resort to combat
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collective behavior/social control model
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combination of formal and informal control . failure can lead to a rito
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power vacuum
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lacks compitent management/leadership
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rising expectations model
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riots are more likely to occur following a process of improvement
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attica
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racism, injusitce, oppression, 43 died. 39 killed and 80 others wounded in first 15 mins it took cops to regain control. overcrowded, warehoused, few meaningful programs,
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New Mexico riot
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sheer brutatlity. "killing ground." inmates drunk of prison hooch beat up a CO, started riot b/c they stole the keys and gained control. revenge on snithces and sex offenders
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direct supervision
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you can see everyone. triangle around you
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linear imtermittenet sruvelinace
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MGM GRAND X w/ security in middle
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Jeffery Reiman
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Stresses that racism and economic should not be examined independently, arguing that racism is one form of economic bias. A large majority of minorities are poor
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probation
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Intensive supervision
Community service Fines Treatment Reduce costs and alleviate overcrowding |
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Presentences investigation
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aids court to decide who is eligible for and receives probation
Complete history: priors, substance abuse, employment, education, may include a victim impact statement Probation agency prepares the PSI via interviews, records, psych evals |
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conditions of probation
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3 categories:
Punitive: Pay restitution, fines, fees, community service Risk: Do not use drugs/alcohol or consort with convicted felons, treatment Management: Do not break the law, maintain employment, and report change in address |
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Mission of probation
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Lack of a clear mission undermined effectiveness
Most agencies fall under 3 categories 1. service orientation 2. differential supervision 3. intensive supervision |
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stategies to reduce violence
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Relieve Overcrowding
Address Other sources of stress: Food, health care, meaningful programs • Prison industry with decent wages • Positive reinforcement for pro-social behavior • Rehabilitative ideologies plus meaningful programs |
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Ruffin v. commonwealth
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Convicted felons forfeited their liberty and were slaves of the state for the duration of their confinement
Civiliter mortuus (civil death) 90 years until this changed The Supreme Court kept a hands off approach and corrections officials had carte blanche to do as they pleased |
