Flashcards
Correctional Law
Cards in this deck (39)
- 1Bell vs. Wolfish In a federal jail designed for one person per cell, prison was double bunking. Sued under 8th amendment right.Supreme court ruled: Not intitled to a comfortable jail/ prison
- Some overcrowding is constitutional as long as it's not to much of a hardship over long periods of time. - 2Rhodes vs. Chaplin Prison, 2 to a cell although designed for one. Now in prison is it over a long period of timeSupreme court ruled: No it doesn't violate their constitutional right
- 3Unconstitutional vs. constitutional 8th amendment rightNot constitutional: dirty, deplorable cruel, inhumane, malicious
Constitutional: uncomfortable - 499 vs 99 Officer taken as hostage in a riot, warden says lets go get him, let no one get up the stairs. shot an inmate for doing so is it constitutional?Yes it's constitutional
- 5External/ Internal PrisonersExternal: Min, Med, Max security prison
Internal: Different wings like death row, mental ward, sex offenders - 6Kill zoneSpots between fences that escaping inmates will be shot
- 7Michum vs Fado Want to transfer Michum to min to max security prison. Is there a loss of liberties (which requires due process)Supreme court ruled: No liberties just transfer him without due process; you only have a right to a prison that is not cruel and unusual
- 8McWell vs Leal Leal convicted sex offender; won't participate in sex offending classes which make him admit his past experience, he claims innocence. Wanted to transfer him to general publicSupreme court ruled: you have no due process rights to be transfered anywhere even in the same prison. But it did violate his 5th amendment right
- 9young vs. Harper Prisons overcrowding let people out on good behavior due to overpopulation, gave them "pre" parole. after 5 months want them to come back and says it's a "transfer"Supreme court ruled: You can't revoke his parole or "pre" parole to transfer him back to prison if he did nothing wrong during the time out
- 10Olim vs. wackaneekalacka serving life in prison, such a bad guy they want to transfer him to california. doesn't want to be away from his family in hawaiiSupreme court ruled: No, only thing is they will be housed in a state prison; not a specific one
- 11Kanses vs. Hendrix Child molester serving 10 years, at the end of his 10 years instead of being released they want to transfer him to a mental hospital. Does this violate double jeporty?Supreme court ruled: Their not punishing him again their trying to help him from himself or others.
- 12Kansis vs. Krain convicted sex offender, did his time still wanted to send him to a mental hospital.Supreme court ruled: You can ship him off to a mental hospital
- 13Farmer vs. Brennon Farmer is a transsexual, had surgery to become a women, dresses as a women, but is put in a male prison. raped within 2 weeks sued prison officialsSupreme court ruled: The guards are liable for this, he should have been segregated, they were aware of the risks.
- 14International transfer treaty 5 rules1) The crime must be considered a crime in both countries
2) Both countries despite the treaty have to agree to THIS SPECIFIC person
3) Inmate has to agree
4) The length of sentence can never change
5) No appeals of original conviction allowed - 15Rosado vs. Civileti Rosodo is given 9 years for drug offences, never given a lawyer, a judge, or the chance to confront witnesses, given no trial, beat and transferred to americaSupreme Court Ruled: The treaty is a treaty and there is nothing we can do. Served his 9 years.
- 16Parett vs. Taylor Parett orders a hobby kit, it never got to parett but was signed for. Sues prison for taking away property without due process of lawSupreme court ruled: Yes, you have to give him due process to take away property
- 17Palmer vs. Hutson Cell searched/ destroyed property. Can prisons intentionally destroy the property of inmatesNo
- 18Danials vs. someone Pillow left on the stairs, inmate tripped and broke his ankleSupreme court ruled: No, the guard was negligent, not knowingly so the inmate had no right to sue
- 19Hutson vs. McMillen Inmate in Louisiana was cuffed and shackled. Was then beat, with minor injuries. Should the constitution deal with minor injuries or major injuriesSupreme Court Ruled: It upholds minor injuries, if the injuries are on purpose and violate rights.
- 20Smith vs. Mensinger Inmate punched in eye by guards, cuffed, and beaten by guards, put his head through a wall. Supervisor guard watched and didn't participate. Should a supervisor be liable for watchingSupreme court ruled: Yes, by not speaking up it was implied to keep going
- 21Farmer vs. Brennon Transexual became girl transferred, and raped. Does a prison have the responsibility to protect an inmate from other inmates?Supreme court ruled: Yes, we control that they can't run from the fight or get away; it's the dury of the prison to protect inmates
- 22Failing to protect or unsafe conditions1)was the harm, "serious harm" (not a slap to the face) beat
2) if so, did the staff act with "deliberate indifference" reckless - 23Howlie vs. McKenny inmate worried about future health risks due to 2nd hand smoke 1)serious harm? 2) negligent harm?Supreme court ruled: To have 2nd hand smoke everywhere is unconstitutional; they can make smoking more accessible like smoking wing.
- 24Absolute immunity from being sued: Can not EVER be suedCongress: house/ state floor
Judges - 25qualified immunityhonest mistake
- 26Nigga vs. Saxer disiplin hearing, with guard as judged, wanted to sue. Are guards, who play judge get absolute immunity?Supreme court ruled: No you get qualified immunity, not real judges
- 27Hope vs Pelser Alabama inmate tied to a hitching post for 7 hours, hands above shoulder, and no bathroom breaks. Violation of constitutional rights?Yes, law was established long before this action
- 28Estelle vs. Gamble Gamble gets hurt in jail, bail of cotton fell on him, take him to hospital. When can a sick/ hurt prisoner sue for mal practiceDeliberate Indifference (reckless/ knowing the risk)to a serious medical need= cruel and unusual
Negligent not aware of the risk but you should be aware - 29West vs. Atkins Prison uses private doctor, doesn't do his job well, inmate wants to sue Is a private doctor who comes into the prison a government actor or private person?Supreme court ruled he's a government actor and you can sue
- 30Washington vs Harper Inmate mentally ill, refuses to take medicine. When can you force someone to take their medicine?If it's contagious illness or they are a danger to themselves and others.
- 31Cell vs. US Cell is a dentist who goes to jail, 1st hearing he acts crazy, want to medicate him to be compatint but he refuses. Can the government force you drugs to become competentYou can, the interest of the trial is greater
- 32Thore vs. Superior Court Serving life, became paralyzed from the waist down, said he was depressed and wanted to die. wanted to force medicine down his throat to "save his life"Supreme Court Ruled: Mentally competent inmate can refuse medicine, even if they will die
- 33Kneckt vs. Hillman Prison doctors would give prisoners who wouldn't get out of bed something that would make them throw up Does this violate 8th amendment rightyes, it's cruel and unusual punishment
- 34Suicides: Most risk for inmate suicides must act recklesslyFirst 48 hours
must act recklessly - 35Boyde vs Harper cried continuously in his cell, then killed himself (prison was merely neglagent) Inmate is hanging/ still alive, and takes 20 minutes to get downPrison lost
- 36Wright vs McMan Incarcerated upstate Ny, in solitary confinement for 30 days. not given a bed or a clean cell. Does this violate his 8th amendment right to cruel and unusual punishmentSupreme court ruled: He was being subjected to cruel and unusual punishment; also opened the gates to sue
- 37Concent decreeto deal with all the lawsutes of 8th amendment rights violated. Wardens and cons came together on an agreement to fix problems
- 38Problems with consent decreeMaster was often appointed to oversee the consent decree (micromanaging)
Decrees could last for years
often covered small gr-evinces
forced legislature to spend big bucks - 39Prison Litigation Reform ActFixes the consent decree by: Getting rid of micromanaging, decree only lasts 2 years, got rid of "masters"
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- Flashcards on Correctional Law, created by beesting03 on 18/04/2013.
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- beesting03
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