Correctional Law and Jails - Evolution and Implications for Jail and Lockup Administrators and Supervisors (From Sneaking Inmates Down the Alley, P 63-83, 1986, David B Kalinich and John Klofas, eds. - See NCJ-103688)

• NCJ Number: 103693
• Author(s): P S Embert
• Date Published: 1986
• Length: 19 pages
• Sale Source: Charles C. Thomas
• Language: English
• Country: United States of America

Annotation

This paper considers types of law impacting jail personnel, the evolution of correctional and constitutional law, the Civil Rights Act of 1871, jail inmates' rights, and the implications of inmates' rights for jail personnel.

Abstract

The types of law that impact jail personnel are criminal law, civil law, correctional law, and constitutional law. The administration of the criminal law determines the size and nature of the inmate population, which in turn impacts jail management. Jail administrators must communicate with other criminal justice professionals to ensure that the criminal law is administered so as to enhance jail administrators' efforts to protect inmates' rights. Civil law permits inmates to seek civil damages when jailers' action or inaction is a direct cause of inmate injury. Correctional law or prisoners' rights law is part of constitutional law that evolved from the application of constitutional principles to inmate situations. The Civil Rights Act of 1871 mandates that any public officer who violates any person's constitutional rights under color of law or custom is liable for damages. Particular areas where inmates are protected by law include cruel and unusual punishment; personal safety; medical and mental health care; sanitation; overcrowding; correctional staff abuse of force; assault by other inmates; due process in disciplinary actions; right to mail, phone calls, and visits; and religious freedom. Any actions by jail staff that infringe upon these rights must be rationally related to jail security or inmate protection; otherwise they are law violations. 27 references.