NCJ Number
86230
Date Published
1981
Length
12 pages
Annotation
This paper, presented at an adjustment process seminar for corrections officers, counselors, and administrators, focuses on basic concepts of due process and fairness in the correctional setting.
Abstract
The fifth and fourteenth amendments to the Constitution state that no person shall be deprived of life, liberty, or property without due process of law. Due process applies not only at all levels of Government but also in every proceeding where individual rights may be taken away. The words 'due process of law' guarantee procedural and substantive fairness to all, although the procedures required may differ in accordance with the interests being threatened. The warden and others who work within the prison system must ensure due process for all inmates. The concept underlying due process is fairness in hearings, trials, and judgments. The concept is applied to any dispute between two parties. It is important to remember that due process considerations apply to the informal administrative proceedings which involve inmates. Similarly, security measures must be based on fundamental fairness in substance as well as in perception. Inmates cannot learn to respect the rights of others if the few rights remaining to them are not respected by the supervising authority. A seminar schedule is appended.