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Corrections (Jail and Prisoner Rights (8th Amendment (Is beyond legitimate…

- - - - Body searches permissible when needed, but not to degrade
    - - May search cells and confiscate with or without suspicion of wrongdoing and justification
    - - May strip search those entering jail under minor offenses
  - - - Mail censorship with demonstration of compelling government interest
    - - Restrict mail between inmates at different institutions
  - - - Primarily country control
      - BOP operates 12
  - - - Lee v. Washington (1968)
        
        Discrimination cannot be official policy
    - - Conditions of Supervision may supersede rights
      - Samson v. California (2006)
        
        Same for parole
        
        Revocation of Due Process
      - Griffen v. Wisconsin (1987)
        
        Search without warrant for the safety of the community
    - - Wolff v. McDonnell (1974)
        
        Basic procedural right in disciplinary hearings, sanctions
- - - - Used by most prisons
    - - Supervision/ Security
  - - - Daily operation
      - Compliance
- - - - Goods/ Services
  - - - Jailing
      - Gleaning
      - Disorganized
      - Doing time
    - - Imported?
      - Created within prison
  - - - Prisoner --> Officer
      - Officer --> Prisoner
      - Prisoner --> Prisoner
    - - Reducing availability of weapons
      - Proper use of classification
      - Architectural design
      - Avoid overcrowding
      - Adequate supervision
    - - Race
      - Mental Illness
      - Age
  - - - Inmates with HIV or AIDS
        
        Increased medical costs
        
        Decline in AIDS related deaths due to treatment improvements
        
        Programming/ education
        
        1.6% of state prison inmates
        
        May be low due to lack of testing
      - Elderly Inmates
        
        Average cost is $69,000 per year (3x the cost of younger inmate)
        
        Increased cost due to medical needs, and security needs
        
        Programming and environmental needs
        
        Approximately 152,000 inmates over the age of 55
      - Mentally Ill Inmates
        
        Influx of mentally ill into CJS
        
        Revolving door
        
        Issues of:
        
        Security
        
        Psychiatric units
        
        Cost
        
        Deinstitutionalization of mental health care
        
        Out patient with medications less expensive
        
        Increase in use of prescription medication
      - Special Populations
        
        Prisoners with mental illness
        
        Prisoners with HIV or AIDS
        
        Long- Term inmates
        
        Elderly Prison
      - Long- Term Inmates
        
        Transition into elderly inmates
        
        Issues of:
        
        Programming
        
        Connection to community
        
        Mental Health
        
        20+ years; natural life
      - Based upon:
        
        Ability to work
        
        Education
        
        Readiness/ time to release
        
        Risk to security
- - - - Flexibility to apply punishment to:
        
        Characteristics of the offense
        
        Needs of the community
        
        Severity
      - Between prison and traditional probation in severity and cost
      - Examples
        
        Probation
        
        House arrest
    - - Must adhere to conditions of probation
      - Shock probation
      - Suspended surrender
      - Approximately 60% of adults under correctional supervision
    - - Time served is guided by sentencing type
      - Standard for "serious" offenses
  - - - Determinate
        
        Incorporates "good time" or "credit time"
        
        Release is mandatory
        
        Specific period
        
        Discretion of parole board if returned
        
        Indiana's System
      - Mandatory
        
        Limits judicial discretion of sentencing, truth in sentencing
        
        Requires minimum period of incarceration
      - Indeterminate (indefinite)
        
        Parole board discretion for release
        
        Tied to rehabilitation
        
        Creates minimum and maximum range of years to serve
- - - - Defense of the Accused
      - Adjudication
      - Preservation of rights
      - Prosecution of the Accused
    - - Institutional Corrections
      - Community Corrections
    - - Apprehension of Law Violators
      - Crime Prevention
      - Peacekeeping
      - Social Services
- - - - McClesky v. Kemp (1987)
        
        Racial discrimination issue of legislature
      - Atkins v. Virginia (2002)
        
        No execution of developmentally disabled
      - Gregg v. Georgia (1976)
        
        Use of aggregating and mitigating circumstances (bifurcated process)
      - Roper v. Simmons (2005)
        
        No execution of offenders under 18
      - Furman v. Georgia (1972)
        
        8th Amendment Issue
    - - Gas Chamber
      - Firing Squad
      - Electrocution
      - Hanging
      - Lethal Injection