NCJ Number
79400
Date Published
1981
Length
771 pages
Annotation
This book presents an introduction to the correctional process, discusses sentencing, pretrial detainees and convicted offenders, correctional agencies, and prisoners' rights and responsibilities, describes prisoners' legal remedies, and includes relevant judicial decisions.
Abstract
Excerpts from other publications are presented which discuss the correctional process in general, prisons and lawyers, and the responsibility of the legal profession to improve the correctional system. A section on the sentencing process examines criminal sentences, criminal law, and objectives of the sentencing process. In addition, the problems of disparity and equality in sentencing, special problems of equal protection in sentencing, and a sentence as cruel and unusual punishment are delineated in reviews of pertinent judicial decisions. Case law is examined in reference to the plea bargaining process, procedural protections in the sentencing process, and the status of pretrial detainees and convicted offenders. A section on incarceration encompasses the organization of correctional systems and delegation of authority to corrections agencies for care and custody of prisoners. A substantial portion of the book is devoted to prisoners' rights and responsibilities, including general theories, substantive rights, and procedural rights. Discussion of prisoners' remedies covers access to the courts, requisites for successful judicial actions by prisoners on prison conditions or treatment, the potential range of judicial remedies available to prisoners, and the inherent deficiencies in the existing judicial remedies. The last two sections review pretrial diversion, probation, parole, and community-based corrections programs during incarceration, and restoration of rights of offenders. Case law is cited throughout the text. Footnotes, an index, a table of authorities, and a table of cases are included.