NCJ Number
59878
Journal
Corrections Today Volume: 41 Issue: 3 Dated: (MAY/JUNE 1979) Pages: 36-41,60
Date Published
1979
Length
7 pages
Annotation
THE ORIGINS OF FEDERAL JUDICIAL INTERVENTION, THE BACKGROUND OF CURRENT TENSION, AND THE EXTENT IT AFFECTS THE OPERATION OF STATE CORRECTIONAL INSTITUTIONS ARE DISCUSSED.
Abstract
ORIGINALLY NATIONAL AND STATE GOERNMENTS WERE VIEWED AS HAVING SEPARATE SPHERES OF POWER WITH EACH AGENCY SUPREME IN ITS RESPECTIVE SPHERE. THIS DOCTRINE RESULTED IN A TOTAL LACK OF JUDICAL INTERVENTION IN THE INTERNAL OPERATIONS OF STATE PRISONS. THE RELATION OF THE STATE TO THE FEDERAL GOVERNMENT WILL ALWAYS BE A FOCAL CONCERN UNDER THE CONSTITUTIONAL SYSTEM. WHERE STATES HAVE FAILED TO RESPECT CONSTITUTIONAL GUARANTEES, THE FEDERAL GOVERNMENT WILL STEP IN. RECENT U.S. SUPREME COURT DECISIONS DEMONSTRATE THAT STATE AUTHORITY AND EXPERTISE ARE ACCORDED CONSIDERABLE DEFERENCE CONCERNING PROCEDURAL SAFEGUARDS REQUIRED TO PROTECT A PRISONER'S CONSTITUTIONAL RIGHTS AND THE REMEDIES ORDERED TO EFFECTUATE THOSE RIGHTS. ASPECTS OF PRISON LIFE WHICH HAVE FELT THE IMPACT OF FEDERAL JUDICIAL INTERVENTION INCLUDE PRISONERS' INCREASED ACCESS TO THE COURTS, CONSTITUTIONAL GUARANTEES APPLICABLE TO PRISON INMATES, ABSOLUTE BANS ON INMATE SOLICITATION AND UNION MEETINGS, THE 14TH AMENDMENT AND ITS DUE PROCESS CLAUSE, THE EIGHTH AMENDMENT'S PROSCRIPTION AGAINST CRUEL AND UNUSUAL PUNISHMENT WHICH DECLARES A MINIMUM STANDARD FOR CONDITIONS OF CONFINEMENT, AND RECOGNITION BY THE SUPREME COURT THAT REHABILITATION PROGRAMS WITHIN AN INSTITUTION REMAIN IN THE HANDS AND DISCRETION OF PRISON OFFICIALS. THE MANDATE OF THE COURTS IS TO ALLOW CORRECTIONAL OFFICIALS ALMOST COMPLETE DISCRETION IN THE DAY TO DAY ADMINISTRATION AND OPERATION OF STATE CORRECTIONAL INSTITUTIONS. HOWEVER, IF PUBLIC APATHY TOWARDS THE CORRECTIONAL PROCESS CONTINUES AND CORRECTIONAL OFFICIALS ONCE AGAIN ABUSE THEIR CONSTITUTIONAL OBLIGATIONS, THE JURISDICTIONAL CONCERN OF FEDERAL COURTS WILL INCREASE. FOOTNOTES ARE APPENDED. (MJW)