Chapter 5. The Law of Corrections. Foundations of Correctional Law. Constitution fundamental law for federal government & for each state, containing a design for government & basic rights of individuals Statute laws passed by legislative authority e.g., California corrections: Title 15
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The Law of Corrections
legal rules created by judicial decisions, which serve to guide decisions of other judges in subsequent similar cases
a judicial order (called a “writ”) requesting that a person holding another person produce the prisoner and give reasons to justify continued confinement
“least restrictive method”
a principle which requires officials to select that administrative remedy for any problem so that the remedy constitutes the least possible threat to personal rights and represents the least invasive means of solving the problem
“compelling state interest”
a principle which requires the government to have a significant, legitimate, and persuasive (i.e., compelling”) reason for wanting to impose a regulation before it may create or impose a condition, rule, or procedure
“clear and present danger”
a principle which allows officials to infringe on rights arguably protected by the 1st Amendment, in cases when the threat to security or the safety of individuals is so obvious that it constitutes a “clear and present danger” that cannot be ignored
“rational basis test”
a principle which requires that a regulation constitute a reasonable and rational method of advancing a legitimate penological interest or institutional goal.
Procunier v. Martinez, 1974
mail censorship permitted only for prison security
Turner v. Safley, 1987
inmate-inmate mail can be prohibited; restriction must be related to legit. interests.
Thornburgh v. Abbott, 1989
warden may reject incoming publications, based on security concerns
protection against unreasonable searches and seizures
protection against excessive bail & fines, andcruel & unusual punishment
no agent or instrumentality of government will use any procedures to arrest, prosecute, try, or punish any person, other than those proceduresprescribed by law
the law will be applied equallyto all persons, without regard to individual characteristics as gender, race, and religion
guarantee of due process & equal protection of the laws