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28 Cards in this Set

  • Front
  • Back
Prisoners’ rights cases
Based on constitutional safeguards of
due process,
cruel and unusual punishment,
free communication,
access to the courts,
religious and racial discrimination
The Writ of Habeas Corpus
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
Inmate Litigation and Jailhouse Lawyers
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
Jailhouse lawyers
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
Heavy volume but large dismissal rate
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
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
Social sanitation
Keep undesirables off the streets
But meant to protect society from dangerous persons
right to punish
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
Richardson v. McKnight 1997
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.
camp and gaes 2002
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
prison lobby
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.
enviromental conditions model
enviroment, such as bad food, brutality, no treatment programs
spontaneity model
riots are unplanned, precondidtions wiht a detonator. some incident sets off a chain of events
conflict model
offcial repression. limits need to resolved conlficts, resort to combat
collective behavior/social control model
combination of formal and informal control . failure can lead to a rito
power vacuum
lacks compitent management/leadership
rising expectations model
riots are more likely to occur following a process of improvement
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,
New Mexico riot
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
direct supervision
you can see everyone. triangle around you
linear imtermittenet sruvelinace
MGM GRAND X w/ security in middle
Jeffery Reiman
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
 Intensive supervision
 Community service
 Fines
 Treatment
 Reduce costs and alleviate overcrowding
Presentences investigation
 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
conditions of probation
 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
Mission of probation
 Lack of a clear mission undermined effectiveness
 Most agencies fall under 3 categories
 1. service orientation
 2. differential supervision
 3. intensive supervision
stategies to reduce violence
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
Ruffin v. commonwealth
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