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MODULE 24 Legal Aspects of Corrections. LEGAL ASPECTS OF CORRECTIONS. A. Objective

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legal aspects of corrections
LEGAL ASPECTS OF CORRECTIONS

A. Objective

1. 058: Identify the current trend & role of the correctional employee regarding enforcement of rules, regulations, and/or law in the correctional facility about constitutional rights of employees.

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LEGAL ASPECTS OF CORRECTIONS

2. 059: Describe the circumstances in which a correctional employee can be held civilly or criminally liable for actions which deprive others of their rights and what action to take if charges are filed.

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LEGAL ASPECTS OF CORRECTIONS

3. 132: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing access to courts & counsel.

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LEGAL ASPECTS OF CORRECTIONS

4. 133: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing exercise of religion.

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LEGAL ASPECTS OF CORRECTIONS

5. 134: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing correspondence & visitation.

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LEGAL ASPECTS OF CORRECTIONS

6. 135: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing access to the media.

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LEGAL ASPECTS OF CORRECTIONS

7. 136: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing grievances.

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LEGAL ASPECTS OF CORRECTIONS

8. 137: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing grooming & attire.

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LEGAL ASPECTS OF CORRECTIONS

9. 138: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing disciplinary methods.

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LEGAL ASPECTS OF CORRECTIONS

10. 139: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing punitive isolation & administrative segregation.

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LEGAL ASPECTS OF CORRECTIONS

11. 140: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing investigation & interrogations.

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LEGAL ASPECTS OF CORRECTIONS

12. 141: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing inmate safety.

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LEGAL ASPECTS OF CORRECTIONS

13. 142: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing medical treatment.

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LEGAL ASPECTS OF CORRECTIONS

14. 143: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing use of force.

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LEGAL ASPECTS OF CORRECTIONS

15. 144: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about constitutional rights of inmates addressing searches (persons, places & vehicles).

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LEGAL ASPECTS OF CORRECTIONS

16. 145: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about federal & state court structure.

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LEGAL ASPECTS OF CORRECTIONS

17. 146: Identify the current trend & role of the correctional employees regarding enforcement of rules, regulations &/or law in the correctional facility about the court’s role in correctional administration & procedures.

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LEGAL ASPECTS OF CORRECTIONS

B. Source Of Law

1. Expression of the public will

2. Our history

3. Common law

4. Statutory law

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LEGAL ASPECTS OF CORRECTIONS

C. Rule of Law

1. Division (Separation) of Power

2. System of checks & balances

3. The government of states

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LEGAL ASPECTS OF CORRECTIONS

4. The United States are divided into 3 departments or branches:

a. Legislative-makes law

b. Executive-carries out the law

c. Judicial-interprets law & adjudicates disputes under law

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LEGAL ASPECTS OF CORRECTIONS

5. Federal power is supreme

6. Maryland Law

a. COMAR (Code of Maryland Regulations)

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LEGAL ASPECTS OF CORRECTIONS

D. Corrections & the Law

1. Constitutional rights of correctional employees

2. Enjoy same constitutional rights as other U. S. citizens

3. Agree to certain job-related limitations on rights as a condition of employment

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LEGAL ASPECTS OF CORRECTIONS

E. Constitutional Right of Inmates

1. Enjoys the same constitutional rights as other U. S. citizens

2. Rights can be limited based upon the legitimate safety and security needs of institution

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LEGAL ASPECTS OF CORRECTIONS

F. Inmate Rights Guaranteed Under the

U. S. Constitution

1. First Amendment

a. Access to courts & counsel

b. Freedom of religion

c. Correspondence & visitation

d. Access to the media

e. Grooming & attire

f. Filing of grievances

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LEGAL ASPECTS OF CORRECTIONS

2. Fourth Amendment

(Protection against unlawful search

& seizure)

a. Searches

(person, places, vehicles)

b. Purpose of Searches

1. Control/stop contraband

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LEGAL ASPECTS OF CORRECTIONS

3. Fifth Amendment

(Protection against self incrimination & double jeopardy; guaranteed due process of law)

a. Investigation & interrogation

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LEGAL ASPECTS OF CORRECTIONS

4. Eighth Amendment

a. Inmate safety

b. Punitive isolation & administrative segregation

c. Medical treatment

d. Use of force

e. Disciplinary methods

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LEGAL ASPECTS OF CORRECTIONS

5. U. S. 42 C Section 1983

a. Most civil suits brought by inmates against correctional employees have been brought under section 1983

b. Inmate grievances

c. Color of law

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LEGAL ASPECTS OF CORRECTIONS

G. Court Structure

1. Federal Courts

a. U.S. Supreme Court

b. U.S. Circuit Court of Appeals

c. U.S. District Court

(only Federal trial court)

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LEGAL ASPECTS OF CORRECTIONS

G. Court Structure

2. Maryland Courts

a. Court of Appeals

b. Court of Special Appeals

c. Circuit Court

d. District Court

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LEGAL ASPECTS OF CORRECTIONS

H. Negligence & Liability

1. Elements of negligence

a. Duty

b. Breach

c. Proximate cause

d. Damages

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LEGAL ASPECTS OF CORRECTIONS

I. Three Levels of Negligence

1. Negligence: failure to do something which a reasonable man would do or doing something which a reasonable & prudent man would not do.

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LEGAL ASPECTS OF CORRECTIONS

a. Gross negligence: intentional failure to perform a duty in reckless disregard of the consequences as affecting the life or property of another.

1. Gross negligence consists of conscious & voluntary acts or commissions which are likely to result in grave injury

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LEGAL ASPECTS OF CORRECTIONS

b. Willful negligence: intentionally does an act of an unreasonable character in disregard of risk known to him/her or so obvious that he/she must be taken to have been aware of it, and so great as to make it highly probable that harm would follow.

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LEGAL ASPECTS OF CORRECTIONS

1. Willful negligence: is usually accompanied by a conscious indifference to the consequences, amounting almost to willingness that they should follow.

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LEGAL ASPECTS OF CORRECTIONS

  • Liability

1. Definition: failure to carry out a duty for which one is held legally accountable

2. Types of Liability

a. Direct Liability

b. Vicarious Liability

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LEGAL ASPECTS OF CORRECTIONS

K. Legal Duties of Correctional Officers

1. Follow policies & procedures

a. Avoid liability

b. Use of Force

c. Conditions for the use of force

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LEGAL ASPECTS OF CORRECTIONS

2. Conditions for the use of force

a. Self-defense

b. Defense of others

c. Prevent crimes

d. Enforce rules & regulations

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LEGAL ASPECTS OF CORRECTIONS

3. Types of force

a. Non-deadly

b. Deadly

4. Documentation

  • What to do if you are sued
  • Court involvement in Correctional Administration