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Corrections (Jail and prisoner (What is jail? (3,376 jails in USA (BOP…
Corrections
Jail and prisoner
What is jail?
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Holding facility for state, federal
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13,500 police lockups (temporary holding)
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Cooper v. Pate
Inmates could use Sec. 1983 to sue in regard to conditions, treatment, nutrition, medical care, etc.
Uses the civil rights act of 1871, section 1983 to access federal court as a state inmate
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Amendments
1st Amendment
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Religious Freedom Restoration Act (RFRA)and Religious land use and Institutionalized Persons Act (RLUIPA)
Procunier v. Martinez(1974)-mail censorship only with demonstration of compelling govt, interest
4th Amendment
Hudson v. Palmer (1984)-may search cells and confiscate without suspicion of wrongdoing or justification
Bell v. Wolfish (1979)-body searches permissible to fir institutional need and when not used to degrade
Florence v. Board of chosen Freeholders (2012)- may strip search those entering jail under minor offences
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14th Amendment
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Due process –Wolff c. McDonnell (1974)- basic procedural right in disciplinary hearings, sanctions
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History
Colonial Period
Incorporated fines, corporal punishment (physical punishment)
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Pennsylvania System
Quaker idea of reformation through isolation, repentance
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New York System
Auburn Penitentiary, New York
Isolated at night, work together during the day
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The sentencing process
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Judges have limited discretion depend upon code, crime/crime
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Reformatory movement
National prison association meeting Cincinnati, 1870
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Community model
Root civil unrest, distrust of government
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