NCJ Number
16772
Date Published
1974
Length
37 pages
Annotation
FOCUSES ON METHODS OF ENFORCEMENT THAT HAVE EVOLVED TO INSURE THAT OBLIGATIONS ARE BEING MET AND THAT A FORUM EXISTS TO CONSIDER COMPLAINTS UNDER GUARANTEES ENACTED BY UNITED NATIONS MEMBERS.
Abstract
IN THE NEARLY 20 YEARS SINCE ADOPTION OF THE STANDARD MINIMUM RULES FOR TREATMENT OF PRISONERS, A CONSTANT CONCERN HAS BEEN THE EXTENT OF ACTUAL IMPLEMENTATION OF THESE AND SIMILAR PRINCIPLES OF OFFENDER TREATMENT EMBODIED IN THE NATIONAL LAWS AND ADMINISTRATIVE REGULATIONS OF MEMBER STATES OF THE UNITED NATIONS. THIS PAPER DESCRIBES AND REPORTS UPON A NUMBER OF THESE ENFORCEMENT ARRANGEMENTS. THE FOCUS IS ON PARTICULAR AND SPECIALIZED METHODS OF ENFORCEMENT THAT HAVE EVOLVED, EITHER WITHIN THE COURTS OR THROUGH ADMINISTRATIVE OR INSPECTION-TYPE AGENCIES, TO ASSURE THAT OBLIGATIONS ARE BEING MET AND THAT A FORUM EXISTS TO CONSIDER COMPLAINTS AND ALLEGATIONS OF VIOLATION OF SUCH GUARANTEES AS HAVE BEEN ENACTED. AN ANALYSIS OF ADMINISTRATIVE AND QUASI ADMINISTRATIVE INSTITUTIONS REVEALS THE ESTABLISHMENT OF INSTITUTIONS SUCH AS THE SCANDINAVIAN OMBUDSMAN AND THE SOCIALIST PROCURATOR WHICH ARE RESPONSIBLE FOR INSURING ADMINISTRATIVE OBSERVANCE OF HUMAN RIGHTS. THE EUROPEAN COMMISSION AND THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ARE CITED AS REGIONAL CONVENTIONS WHICH HAVE BEEN EFFECTIVE IN INFLUENCING LEGAL DECISIONS IN THE AREA OF PRISONERS' RIGHTS. INMATE-PRISON LITIGATION HAS RESULTED IN A CONSIDERABLE BODY OF LAW IN THE UNITED STATES, PRIMARILY BECAUSE THE COURTS IN THE UNITED STATES HAVE BEEN THE ONLY INDEPENDENT SOURCES OF POWER ABLE AND LIKELY TO STEP IN AND CURTAIL ABUSES WITHIN PRISONS. COMMENTS ARE PRESENTED ON COURT DECISIONS RELATING TO CRUEL AND UNUSUAL PUNISHMENT, THE DUE PROCESS CLAUSE, THE EQUAL PROTECTION CLAUSE, AND PRISON CONDITIONS IN GENERAL. (SNI ABSTRACT)