Prisoners and Due Process Litigation - An Invitation to the State Courts (From Prisoners and the Law, P 5-3 to 5-17, 1985, by Ira P Robbins, ed. - See NCJ-100564)

• NCJ Number: 100566
• Author(s): S N Herman
• Date Published: 1985
• Length: 15 pages
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

Because of the Burger Court's unreasonable restrictions on inmate due-process lawsuits, State courts and legislators should develop their own interpretations and forms of due process to facilitate the fair treatment of inmates.

Abstract

Due process claims may be raised at any deprivation of liberty or property. Inmates may question procedural due process associated with decisions affecting their length of custody and relative deprivations of freedom in prison. In Meachum v. Fano, the Burger Court held that prisoners' freedom does not meet the general constitutional definition of liberty because a lawful conviction extinguishes the constitutional right to liberty until the sentence expires. The Court reasoned, however, that a State may legislate a right to liberty for inmates by mandating parole, ''good time' credits, restrictions on inmate segregation, etc. Because of the flaws and eccentricities in this Federal doctrine of due process as well as institutional differences between State and Federal courts and distinctive State-specific factors, State courts should develop their own due process doctrine. They should judge for themselves whether an inmate's deprivation of liberty or property is sufficient to warrant due process protections. 74 notes.