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corrections (jail and prisoner rights (what is jail? holds those awaiting…
corrections
jail and prisoner rights
what is jail? holds those awaiting trial, executes sentences of misdemeanants, holding facility for state, federal inmates, primarlly county control,
common issues: conditions, lack of programming; services, training of staff, suicide, mental illness
inmate rights: a brief history: hands off period "slave of the state and had no civil rights. "prisoners rights era- cooper v Pate, access to federal courts when rights were violated
Rights: 1st amendment- mail censorship only with demonstration of compelling gov interest (procunier v Martinez. restrict flow of mail between inmates at diff institutions (turner v safley)
4th amendment- hudson v palmer- may search cells and confiscate without suspicion of wrongdoing or justification. (bell v wolfish) body searches permissible to fit institutional need and when not used to degrade. florence v board of chosen freeholders- may strip search those entering jail under minor offenses
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14th amendment: due process- wolff v mcdonald- basic procedural right in disciplinary hearings, sanctions. equal protection- lee v washington, discrim cannot be official policy
incarceration and prison
goals: custodial model, rehabilitation model, reintegration model
prison as an institution: client does not want to be there, cannot select clients, clients are their against wishes, must rely on client for: daily operations and compliance
challenges: defects of total power, rewards &punishments, exchange relationships, inmate leadership,
use of force: self defense, defense of another, upholding prison rules, prevention of crime, prevention of escapes.
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history of corrections
colonial period: based on Anglican code. incorporated fines. physical punishment and capital punishment, rooted in religious philosophy
penitentiary: isolation and labor, reformation via suffering, separate vs. congregate. separate: pennsylvania system, quaker idea of reformation through isolation. congregate: new york system isolated at night, work together during the day
convict leasing: post civil-war. "plantation model of corrections", incorporation of african americans into correction system for use as slave labor, "slave by another name",
reformatory: nat'l prison association meeting. inmate change rewarded by release. indeterminate sentences, seperation of sexes, marks system
rehabilitation: progressive/ medical model, focus on environmental and offender rehabilitation. rehab via: medical/psychological treatment, vocational training, education
community model: root in civil unrest, distrust of gov., civil rights movement, vietnam war, focus on reintegration and community programming
crime control: "nothing works"-martinsen- very flawed. get tough on crime. longer sentences, mandatory sentences, 3 strikes legislation, greater use of incarceration
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community corrections: conditions of supervision may supersede rights, search (griffin v wisconsin & samsom v california. due process (morrisey v brewer, gangon v scarpelli.
law and correctional personnel: civil service laws-set personal procedure, civil rights act, age discrimination in employment, americans w disabilities act
legal liability: cooper v pate. monell v dep of social services-may sue employee due to violation by agencies "customs and usages"- policy, poor supervision, inadequate or insufficient training. rarely are payouts large; employees pay personally
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