CRIMINAL LAW - PROCEDURAL DUE PROCESS FOR INTRAPRISON DISCIPLINARY HEARINGS - AN ARKANSAS ANALYSIS

• NCJ Number: 11222
• Journal: Arkansas Law Review Volume: 27 Issue: 1 Dated: (SPRING 1973) Pages: 44-64
• Author(s): S ENGSTROM
• Date Published: 1973
• Length: 21 pages
• Corporate Author: University of Arkansas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE EMERGENT JUDICIAL INTERVENTION IN PRISON AFFAIRS AND A CRITIQUE OF PRESENT ARKANSAS PROCEDURES.

Abstract

THE ADVENT OF BASIC ELEMENTS OF PROCEDURAL DUE PROCESS IN INTRA-PRISON DISCIPLINARY HEARINGS IS A RESULT OF THE SIMULTANEOUS DEMISE OF TWO WELL-WORN DOCTRINES - (1) THE 'HANDS-OFF' APPROACH OF THE FEDERAL JUDICIARY WHICH TRADITIONALLY VESTED WIDE DISCRETION IN PRISON OFFICIALS TO CONTROL PRISONERS COMMITTED TO THEIR CUSTODY, AND (2) THE 'RIGHT-PRIVILEGE', A RULE OF ADMINISTRATIVE DECISION-MAKING WHERE BENEFITS CONFERRED ARE CONSIDERED MATTERS OF MERE LEGISLATIVE OR ADMINISTRATIVE GRACE, HENCE REVOCABLE AT WILL. TODAY THE COURTS TEND TOWARD A BALANCING TEST BETWEEN THE INDIVIDUAL'S RIGHTS AND THE STATE'S INTEREST IN SUMMARY ADJUDICATION. TWO DISCIPLINARY CASES FROM THE ARKANSAS DEPARTMENT OF CORRECTIONS FILES ARE EXAMINED IN TERMS OF OPPORTUNITIES FOR PROCEDURAL DUE PROCESS, AND SUGGESTIONS ARE MADE FOR IMPROVEMENT. AUTHOR ABSTRACT MODIFIED