DECISION-MAKING IN A PRISON COMMUNITY (FROM INVISIBLE JUSTICE SYSTEM - DISCRETION AND THE LAW, 1978, BY BURTON ATKINS AND MARK POGREBIN - SEE NCJ-46813)

• NCJ Number: 46820
• Author(s): S GIFIS
• Date Published: 1978
• Length: 19 pages
• Corporate Author: Anderson Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM WISCONSIN LAW REVIEW (1974)

Annotation

THE PROCEDURES AND SUBSTANCE OF DAY-TO-DAY REGULATIONS OF INMATE LIFE AND THE DECISIONMAKING PROCESS OF CUSTODIANS ARE EXAMINED.

Abstract

THE WAY IN WHICH SANCTIONS ARE IMPOSED UPON PRISONERS AND THE STANDARDS THAT APPEAR TO GUIDE THESE DECISIONS ARE DESCRIBED WITH REFERENCE TO SPECIFIC CASES OF THE APPLICATION OF JUDICIAL PROCESSES WITHIN AN ADULT CORRECTIONAL INSTITUTION. THE ROLE OF THE DISCIPLINARY PROCESS IS UNDERSCORED, AND THE INADEQUACY OF NOTICE AND KNOWLEDGE OF INMATE PRISON RULES IS DISCUSSED. THE APPLICABLE SANCTIONS FOR INMATE MISCONDUCT ARE OUTLINED, AND THE ROLE OF THE DISCIPLINARY REPORT IN INITIATING THE DECISIONMAKING PROCESS IS EXAMINED. NINE CASES OF PERCEIVED MISCONDUCT ARE CITED AND REVIEWED IN ORDER TO ILLUSTRATE THE HEARING PROCEDURES, INCLUDING A MEETING OF A DISCIPLINARY BOARD, PRIOR INVESTIGATION, A READING OF A DISCIPLINARY REPORT, THE ACCUSED'S OPPORTUNITY TO BE HEARD, AND A FACTFINDING INVESTIGATION. THE CASES ARE ALSO ILLUSTRATIVE OF THE CHOICE OF SANCTIONS AVAILABLE TO THE BOARD AND THE SCOPE OF THEIR APPLICATION AND OF THE APPEAL PROCESS. THE POSSIBLE REFERRAL OF SERIOUS CASES TO THE CRIMINAL COURTS IS ALSO DISCUSSED, AS IS THE ROLE OF THE DISCIPLINARY HEARING AS AN EDUCATIVE AND INVESTIGATIVE ARM OF THE PRISON ADMINISTRATIVE PROCESS. IT IS CONCLUDED THAT IF THE PRISON EXPERIENCE IS TO SUCCESSFULLY PERSUADE INMATES NOT TO CONTINUE CRIMINAL CAREERS, THE PRISON COMMUNITY SHOULD IN TURN PURSUE THE FOLLOWING GOALS: TO INCREASE THE OPPORTUNITIES FOR A COOPERATIVE REGIME IN WHICH ALL PARTICIPANTS -- INMATES AND STAFF ALIKE -PURSUE COMPLEMENTARY RATHER THAN CONTRADICTORY GOALS; TO PROMOTE INTERACTION BETWEEN INMATES AND STAFF SO THAT THE UTILITY OF CONVENTIONAL NORMS MAY BE DEMONSTRATED; TO PROMOTE RESPECT FOR HUMAN DIGNITY AND THE PRINCIPLE OF SELF-DETERMINATION IN EVERY WAY CONSISTENT WITH SECURITY AND ADMINISTRATION NEEDS; AND TO DEVELOP A RATIONAL SCHEME OF REWARDS AND DETERRENTS ADMINISTERED IN A FAIR AND JUST MANNER. THESE GOALS ARE PERCEIVED AS THE FRAMEWORK OF A RATIONALE FOR PRISON JUSTICE DECISIONMAKING, A FRAMEWORK WHICH IS GENERALLY ABSENT WITHIN THE ADMINISTRATIVE PROCESSES OF CONTEMPORARY CORRECTIONS MANAGEMENT. TABULAR DATA ARE PROVIDED REGARDING THE FREQUENCY OF DISCIPLINARY BOARD APPEARANCES FOR INMATES OF A SAMPLE POPULATION, AS WELL AS DATA ON THE VARIETY OF VIOLATIONS AND ON EVENTUAL DISPOSITIONS. (KBL)