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Legal Aspects of Prisons and Jails

NCJ Number
70046
Author(s)
P D Clute
Date Published
1980
Length
241 pages
Annotation
Written for corrections administrators, this book reviews and explains the judicial decisions of the 1960's and 1970's that brought the U.S. Constitution into the correctional institution.
Abstract
The introduction places the legal aspects of prisons and jails into perspective. Segments include the constitution in the prison setting, the roles of the courts and corrections administrators, and actions taken during litigation against the facility, administration, or line employee. Subsequent sections cover specific areas of corrections law, while in each, the general principles of the topic, constitutional considerations, cases exemplifying the issues involved, and references and sources are provided. A chapter on freedom of speech and association relates these issues to personal and legal mail, personal appearance, access to the media, freedom of association, visits, and unions and other prisoner organizations. The chapters on cruel and unusual punishment review the use of force, the duty to protect, conditions of confinement, medical care, and capital punishment. Also dealt with are particular aspects of the law as it affects jails, the future directions in corrections law, religion in prison, search and seizure, access to the courts, and due process. Appendixes present relevant landmark court cases; differentiation of minor and major misconduct; checklists for reporting and reviewing officer misconduct violations, and for hearing and appellate officer major misconduct violations; and notices of visitor restrictions. A subject index is included, and many chapters include discussion questions. (Author abstract modified).