NCJ Number
78483
Editor(s)
I P Robbins
Date Published
1980
Length
540 pages
Annotation
This collection of essays on the theory, practice, and litigation of prisoners' rights contributes differing perspectives on prison and criminal justice policy and on the fundamental principles underlying the pursuit of applicable standards for prisoners.
Abstract
In an overview of prison law, articles consider offender rights litigation in historical and future terms and as aspects of sentencing reform. Litigation issues addressed include the first amendment, access to the courts, parole, Federal and State prison conditions, and dispute resolution as an alternative to litigation. Articles on procedural aspects of prisoner litigation identify special considerations, such as (i.e., use of the principles of argumentation) analyze jurisdictional issues with reference to Preiser v. Rodriguez, and assess challenges to the duration of confinement through habeas corpus law, litigation, and legislation. Detainers and detainer strategies as well as legislation concerned with unresolved charges against inmates, indigent inmates, or those who do not have their own counsel for financial or other reasons are also discussed. Separate articles address the special problems of prison corruption, prisoners' mental health, and the health of women prisoners. A concluding section concerns the future of prison reform. The formulation of model standards relating to the administration of criminal justice by the American Bar Association is assessed, as are the effects of prison reform from the perspective of an Arkansas case study. An article on the future of prisons contends that prison abolition or destruction is a must, while the final essay weighs competing alternatives and suggests ways to strike a balance in corrections between the extremes of the punitive and medical models. Notes and, in some cases, appendixes accompany individual articles. Appended to the volume is a prisoners' assistance directory which lists national, State, and international organizations.