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EMERGING RIGHTS OF THE CONFINED

NCJ Number
6978
Author(s)
ANON
Date Published
1972
Length
239 pages
Annotation
ANALYSIS OF JUDICIAL DECISIONS WHICH INTERPRET THE RIGHTS OF THOSE IN CORRECTIONAL INSTITUTIONS.
Abstract
THIS REFERENCE WORK PROVIDES AN ANALYSIS OF JUDICIAL DECISIONS INVOLVING CRITICAL AREAS OF CORRECTIONS IN ORDER THAT CORRECTIONAL ADMINISTRATORS MAY HAVE ESTABLISHED GUIDELINES FOR DETERMINING WHETHER THEIR RULES, REGULATIONS, AND OTHER PRACTICES MEET AT LEAST THE MINIMUM CONSTITUTIONAL REQUIREMENTS. THE BOOK IS NOT A DIGEST OF CASES BUT RATHER AN EXPOSITION OF THE HISTORY AND DEVELOPMENT OF THE LAW OF CORRECTIONS AS PROMULGATED BY THE COURTS. FURTHERMORE, ATTEMPTS ARE MADE TO DRAW BROADER INFERENCES FROM THE CASES THAT HAVE BEEN DECIDED AND TO CLARIFY FOR THE ADMINISTRATOR SOME OF THE BROADER PRINCIPLES THAT THE COURTS SEE AS CENTRAL WHEN PRESENTED WITH A CASE CHALLENGING A CERTAIN CORRECTIONAL REGULATION OR PRACTICE. USE OF THE BOOK IS FACILITATED THROUGH ITS SUBDIVISION INTO FUNCTIONAL PROBLEM AREAS (RATHER THAN LEGAL CATEGORIES) SUCH AS CITIZEN PARTICIPATION IN CORRECTIONAL INSTITUTIONS, INCREASED VISITATION AND CORRESPONDENCE PRIVILEGES, ACCESS TO THE MEDIA BY INMATES, THE USE OF LEGAL MATERIALS AND THE AVAILABILITY OF LEGAL ASSISTANCE. ADMINISTRATORS SHOULD FIND THIS A USEFUL TOOL IN REEVALUATING THEIR PRACTICES AND REGULATIONS, AND DETERMINING AND AVOIDING TROUBLE SPOTS WHICH COULD RESULT IN LITIGATION AND COURT ORDERS AS WELL AS PERSONAL LIABILITY. (SNI ABSTRACT)