Legal Issues In Corrections

Front 1

There is no mention of what in the Constitution?

Back 1

access to the courts

Front 2

Access to the courts is not mentioned in where?

Back 2

the bill of rights

Front 3

Originally, it was believed that prisoners did not have what?

Back 3

The right to access to the courts

Front 4

What happened in the case of Ex Parte Hull (1941)?

Back 4

Michigan had a policy that required all inmates to send their legal mail through administration. Administration would review and sent out. Hull failed twice to send out and had his father send it out for him. The S.C. UNANIMOUSLY STATED THAT OFFICIALS MAY NOT SCREEN, CENSOR, OR INTERFERE WITH INMATE'S MAIL GOING TO COURT.

Front 5

What happened in Johnson vs. Avery?

Back 5

May the state can validly enforce a regulation that prohibits prisoners from assisting other prisoners in preparing writs? NO, but with some exception. Must provide a "reasonable alternative". THE S.C. UPHELD THEIR ORIGINAL DECISION. WHY? SOME INMATES ARE ILLITERATE.

Front 6

What are some alternatives to assisting an inmate when preparing a writ?

Back 6

Providing attorneys, employing senior law students, volunteer attorneys.

Front 7

What if they have provided one of the 3 alternatives?

Back 7

Then they can make a rule that disallows inmates helping other inmates.

Front 8

In the case of Avery, what is a jail house lawyer?

Back 8

The right of an inmate to practice law was not the issue.
A jail house lawyer is one who helps other inmates with appeals.

Front 9

What happened in Shaw vs. Murphy?

Back 9

Murphy sued seeking relief under sect. 1983. Claimed the right to provide legal counsel was being violated. The S.C. said NO-STATING THAT INMATES DO NOT HAVE A CONSTITUTIONAL RIGHT TO A "JAIL HOUSE" LAWYER & COULD STOP AN INMATE FROM ASSISTING ANOTHER INMATE. S.C. stated under legitimate penological objectives an inmate's rights can be restricted.

Front 10

What happened in Bounds vs. Smith (1977)?

Back 10

Does access to the courts mean that the state must provide inmates law libraries to research their cases? S.C. STATED THAT IF A LAW LIBRARY WAS NOT AVAILABLE THEN THEY HAD TO OFFER THE INMATES WHAT WAS OFFERED IN THE AVERY CASE OR:trained inmates to work as paralegals under lawyers, hiring part time attorneys. What if in providing them with the law library, the state doesnt offer them a copy machine, is it violating their access to the court?YES. What about not providing pen&paper to write with?YES. What about stamps?YES.

Front 11

What happened in Lewis vs. Casey (1996)?

Back 11

Judge ordered the prison to provide more training to library staff, to update its legal mattersm to provide better photocopying services, to provide better sccess for lockdown prisoners, to keep libraries.
S.C. stated:prisoners must show how he/she was harmed.
Restricts fed. Judges from mandating changes. Gives prisons more authority to handle situations as they saw fit.

Front 12

What happened in Murray vs. Giarratano (1989)?

Back 12

Does the 8th or 14th require states to appoint counsel for indigent death row inmates seeking post-conviction relief? NO

Front 13

What happened in Cox vs. Crouse?

Back 13

-Open it and read it as long as Prosecutor does not get the contents.
-Warden was giving information to the Attorney General.

Front 14

What happened in Sostre vs. McGinnis?

Back 14

-Officials can open and read letters from attorneys, but cannot delete anything from it unless the inmate was abusing his privileges. Such as:
-Mailing or receiving contraband
-Mailing plans for an illegal activity

Front 15

What happened in Smith vs. Robbins?

Back 15

-Open it but only in the presence of the inmate
-Only check for contraband
-Tried to give more privacy to inmates

Front 16

What happened in Palmigiano vs. Travisono?

Back 16

Prisons can and cannot open/inspect any mail to:
The president, US Attorney General, Director of Federal Bureau of Prisons, Member of Congress, Governor, Lieutenant-Governor, Attorney General, and Secretary of State

Front 17

What happened in Turner vs. Safely?

Back 17

Justice Sandra O'Connor stated that prisons can deprive inmates of certain rights of a "legitimate penological interest" is at stake.
A practical search:search contents of incoming mail for contraband, and identify those inmates who are of most concern as security threats (gangs, escape, etc.)

Front 18

Recidivism is a big problem. How many are re-arrested within 3 years of release?

Back 18

Over 2/3

Front 19

A (majority or minority?) of offenders have a home to return to

Back 19

Minority

Front 20

Collateral consequences cause inelligibility to enlist in what?

Back 20

Military or to collect veterans benefits

Front 21

What happened in DeVeau vs. Braisted (1960)?

Back 21

upheld a state law that prohibited a felon from serving as an officer of a waterfront labor union. NY statute barred the collection of union dues from waterfront workers for any union that had an officer or agent who had been convicted of a felony

Front 22

What happened in Richardson vs. Ramirez?

Back 22

USSC upheld the law that 3 felons claimed violated thei equal protection of laws that they were entitled to under the 14th Amendment, by denying them the right to vote

Front 23

What happened in Hunter vs. Underwood?

Back 23

USSC struck down an Alabama provision that barred persons who had been convicted of a crime "involving moral turpentine" from voting, because it was found to be a violation of the Equal Protection Clause of the 14th Amendment

Front 24

What does the Pardon Attorney do?

Back 24

Makes recommendations to the president about which pardons should be granted

Front 25

What is "Restoration of Rights"?

Back 25

statutes automatically restore rights of convicted persons after they have satisfactorily completed their sentences, or after a certain period of time elapses after they are released from their sentences

Front 26

What happened in Schware vs. Board of Bar Examiners?

Back 26

Government employment for an ex-offender should not be denied unless there is a reasonable connection between the requirements of the job, and the concerns over particular criminal record

Front 27

There has been some movement to provide what?

Back 27

The sealing or expunging of adult criminal records. (some states have such provisions)

Front 28

Restoration of civil disabilities is likely to receive what?

Back 28

More attention in the future, especially with the increased prosecution of "white-collar" crimes

Front 29

What are some issues with the Fourth Amendment?

Back 29

-Inmates do not enjoy the same REASONABLE EXPECTATION OF PRIVACY as citizens
-prisons are not a place for privacy

Front 30

Fourth Amendment issue: Why can inmates' cells be searched?

Back 30

"Legitimate penological interest" in reducing the flow of contraband
-Searches cannot be used as harassment and officials cannot intentionally damage property

Front 31

What are the two types of search and seizure?

Back 31

-Search of facility(interior=recreation areas,cafeteria,hallways;perimeter=outside secure area;living quarters=cells,rooms,dorms)
-search of person(pat down/frisk,strip search,body cavity search,digital examination)

Front 32

When can pat-down searches not be done?

Back 32

Cannot be done in a manner INTENDED to harass of injure the prisoner

Front 33

When can strip searches be done?

Back 33

Can be done for VIRTUALLY ANY REASON but cannot be done to intentionally harass

Front 34

What is a Ionscan 400?

Back 34

Used in strip search. handheld device that can detect any traces of drugs (Maryland)

Front 35

Which examinations do not have to be performed medically?

Back 35

Digital Examinations

Front 36

What happened in Hudson vs. Palmer?

Back 36

Charged with destroying state property (torn pillowcase). Filed 1983 lawsuit for unreasonable search and seizure. Is there a violation of unreasonable searches and seizures?No, no privacy in prison. What about broken property? No, to loss of due process protections on broken items, Palmer could have filed to seek compensation for his lost property.

Front 37

What happened in Bell vs. Wolfish?

Back 37

Issues:being present during room search and strip searches. USSC said prisoner does not have to be present during a search of their room. Searches in prison are not unreasonable.

Front 38

What happened in Lanza vs. New York?

Back 38

Lanza's brother visited and their conversation was recorded. He argued the jail shouldnt be able to record his convo and shouldnt be punished for not talking about possible prison corruption. There is NO PRIVACY in prison. Prosecuftion for not talking was upheld

Front 39

What happened in US vs. Hearst?

Back 39

Can we listen in on phone conversations? Portions of her convo w/a friend were used aginst her during cross-examination. Is this ok? Court said YES, Lanza has no expectation of privacy.

Front 40

What happened in Procunier vs. Martinez?

Back 40

Allows prison officials to intercept written correspondence for safety and security; why not phone communications for the same purpose?

Front 41

Can we search visitors?

Back 41

Yes

Front 42

Can we search visitor's bags and purses?

Back 42

Yes

Front 43

Can we conduct pat downs on visitors?

Back 43

Yes

Front 44

Can we conduct strip searches on visitors?

Back 44

Yes; must have reasonable suspicion and might be best to get law enforcement there in case you do find something. Best to get a search warrant for strip searches or pat downs

Front 45

Can we search employees?

Back 45

Yes, due to contraband. Still best to get that search warrant, esp. for locked items such as lockers