NCJ Number
78496
Date Published
1980
Length
45 pages
Annotation
This chapter from a sourcebook on Prisoners' rights discusses the American Bar Association (ABA) Standards Relating to the Legal Status of Prisoners and emphasizes rebuttal of arguments against the standards.
Abstract
Drafting of the standards began in 1974 and was completed in 1976. By 1979, the third tentative drafts had been written. Despite favorable reception by many, the standards have not yet been adopted. When the ABA Board of Governors resolved against them in 1979, nonadoption appeared certain. General agruments raised against the standards which were of concern to the board include the view that correctional policy and practice are not within the expertise of the bar, that the standards seek to regulate daily correctional administrative activities, and that the standards could not be implemented. It is suggested that these arguments are groundless. Specific criticisms of the standards by the board focused on provisions relating to disciplinary hearing procedures, classification of inmates, wages and hours of employment for prisoners, availability of rehabilitation programs, personal grooming, the use of deadly force, and voting rights. In addition, the board suggested that, according to recent Supreme Court decisions, all of the standards are questionable. However, the two cases which the board cited, Bell v. Wolfish and Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, established no new principles in this field. It is suggested that when the standards are next scheduled for consideration, efforts must be devoted to strategic planning to obtain support. The standards are appended to the chapter; 60 notes are included.