CORRECTIONS IN THE UNITED STATES TODAY - A BALANCE HAS BEEN STRUCK

• NCJ Number: 51835
• Author(s): N A CARLSON
• Date Published: 1976
• Length: 34 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINTED FROM THE AMERICAN CRIMINAL LAW REVIEW, V 13, N 4 (SPRING 1976) P 615-647

Annotation

THE ROLE OF THE JUDICIARY IN IMPROVING CONDITIONS IN CORRECTIONAL INSTITUTIONS AND SECURING THE CONSTITUTIONAL RIGHTS OF INMATES IS EXPLORED.

Abstract

MOST ISSUES IN THE CORRECTIONS FIELD ARE FAMILIAR ONES; THEY INCLUDE OVERCROWDING AND IDLENESS AND ACCOUNTABILITY OF CORRECTIONAL INSTITUTIONS TO THE COURTS FOR PRISON CONDITIONS. THE CENTRAL QUESTION, HOWEVER, CONCERNS THE PURPOSE AND OBJECTIVE OF CORRECTIONS AND THE EFFECTIVENESS OF THE CORRECTIONAL SYSTEM. INTERVENTION BY THE COURTS IN THE ADMINISTRATION OF PRISONS HAS BEEN ONE OF THE MOST IMPORTANT DEVELOPMENTS IN THE HISTORY OF CORRECTIONS AND ONE THAT MAY HAVE THE GREATEST LONG-TERM IMPACT. THROUGH THE COURTS, INMATES HAVE OBTAINED ORDERS RECOGNIZING THEIR RIGHTS TO THE FREE EXERCISE OF RELIGION, GREATER ACCESS TO THE COURTS AND COUNSEL, MORE LIBERAL CORRESPONDENCE AND VISITATION RULES, PROTECTION FROM CRUEL AND UNUSUAL PUNISHMENT, PETITION FOR THE REDRESS OF GRIEVANCES, AND PROTECTION OF THEIR SAFETY AND LIVES. THE COURTS HAVE TAKEN THE APPROACH OF BALANCING LEGITIMATE CONCERNS OF THE STATE AGAINST THE CONSTITUTIONAL RIGHTS OF INMATES IN RESOLVING INMATE LITIGATION. MUCH OF THE IMPETUS FOR JUDICIAL INTERVENTION IN PRISON ADMINISTRATION HAS BEEN PROVIDED BY EFFORTS OF THE BLACK MUSLIMS TO SECURE THEIR CONSTITUTIONAL RIGHT TO PRACTICE THEIR RELIGIOUS BELIEFS IN PRISON. OTHER RELIGIOUS GROUPS HAVE ALSO BROADENED THEIR RIGHTS THROUGH THE COURTS. IN SOME CASES WHERE FEDERAL COURTS HAVE REVIEWED VARIOUS ASPECTS OF NON-FEDERAL PENAL SYSTEMS, SOME SYSTEMS HAVE BEEN RULED UNCONSTITUTIONAL. CORRECTIONAL ADMINISTRATORS ARE PERSONALLY LIABLE UNDER THE CIVIL RIGHTS ACT OF 1871 TO RESPECT INMATE RIGHTS. FEW ADMINISTRATORS HAVE THE LEGAL TRAINING OR LEGAL ASSISTANCE NEEDED TO KEEP THEM AWARE OF JUDICIAL DECISIONS THAT DELINEATE INMATE RIGHTS. IN 1974, THE FEDERAL BUREAU OF PRISONS ADOPTED AN ADMINISTRATIVE REMEDIES PROCEDURE BY WHICH OFFENDERS MAY SEEK FORMAL REVIEW OF COMPLAINTS RELATED TO THEIR IMPRISONMENT. AN HISTORICAL OVERVIEW OF INCARCERATION IS PRESENTED THAT PERTAINS TO PUNISHMENT IN THE FORM OF RETRIBUTION, DETERRENCE, AND REHABILITATION. (DEP)