Law and Contemporary Corrections
The first true text on the subject of corrections law and prisoner's rights, this book is an accessible yet comprehensive introduction to the subject. Rather than relying exclusively on cases to illuminate the content, Smith discusses and briefly excerpts case material to aid students not intimately familiar with legal language. Extensive pedagogy further aids in comprehension. Bringing both a legal and academic background to bear, Smith both writes for the needs of the student and the...
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Noting that the prisons and other areas of the corrections field have increasingly come under the rule of law since the 1960s, Smith (Michigan State U.) explains aspects of relevant law for current and future corrections officers, students of criminal justice, and citizens and voters interested in how their tax money is used and the mechanisms designed to keep the prisons operating in accordance with constitutional standards. He excerpts from cases and draws on news reports as well as legal material. Annotation c. Book News, Inc., Portland, OR
PrefacexixChapter 1Law and Corrections1Law and the Context of Corrections2The Need for Legal Rules2The Growing Importance of Corrections Law4The Forms of Law6Constitutions7Statutes8Case Law10Judicial Opinions12Briefing a Case13Regulations16Legal Actions and the Courts18Trial Courts18Appellate Courts19Prisoners and the Law20Prisoners' Rights20The Role of Courts21Prisoners' Rights in American History22Summary25Key Terms27Additional Readings27Notes27Chapter 2Prisoners' Legal Cases29Types of Prisoner Cases30Appeals31Habeas Corpus33Civil Rights Lawsuits39Other Federal Civil Rights Statutes45Alternatives to Litigation47The Problems of Litigation47Grievances Outside of Court50Summary51Key Terms52Additional Readings52Notes52Chapter 3Decision Making in Prisoners' Cases55The Decision-Making Process56Prisoner Litigation in the Federal Courts56A Picture of Habeas Corpus Cases60A Picture of Prisoners' Section 1983 Civil Rights Lawsuits61Corrections Law in Action64Summary72Key Terms72Additional Readings72Notes72Chapter 4Access to the Courts and Communication Rights75Access to the Courts76Access to Legal Communications76Access to Legal Resources79Mail and Telephones86Nonlegal Correspondence86Telephone Contacts92Contact with Visitors93Visitors and Rights94Contact with News Media98Summary99Key Terms100Additional Readings101Notes101Chapter 5Prisoners' Personal Rights103Freedom of Religion104Free Exercise Issues105Developments After O'Lone v. Estate of Shabazz109Association Rights112Prisoners' Unions113Marriage and Family115Searches119Searches of Cells119Searches of Persons122Summary131Key Terms132Additional Readings132Notes132Chapter 6Discipline and Due Process135Discipline and Rules in Prison136Disciplinary Proceedings139State-Created Liberty Interests140Constitution-Based Due Process Rights145The Rise and Fall of State-Created Liberty Interests147Summary151Key Terms153Additional Readings153Notes154Chapter 7The Use of Force155The Constitution and Officials' Use of Force156The Fourth Amendment and the Use of Force156The Use of Force in Corrections156Corporal Punishment158The Abolition of Corporal Punishment in Prisons162Corporal Punishment in Other Contexts163Acceptable Use of Force166Justifications for the Use of Force166Liability for Improper Use of Force173The Use of Force in Contemporary Corrections179Summary182Key Terms183Additional Readings183Notes183Chapter 8Conditions of Confinement: Prison Reform Litigation185Prison Conditions and Constitutional Conflicts186Prison Conditions Cases in the Federal Courts187Remedies for Unconstitutional Prison Conditions192The Results of Prison Reform Litigation196Summary203Key Terms204Additional Readings204Notes204Chapter 9Conditions of Confinement: Legal Doctrines207The U.S. Supreme Court and Conditions of Confinement208Prison Medical Care and the Eighth Amendment208Prison Conditions212A Defense of Judicial Action in Prison Reform Cases214Recent Developments217Summary228Key Terms229Additional Readings229Notes229Chapter 10Probation, Parole, and Release231Probation and Parole232Rights of Probationers and Parolees234Revocation of Probation and Parole238Release from Correctional Supervision248Entitlement to Freedom248Civil Disabilities254Summary257Key Terms258Additional Readings258Notes258Chapter 11Jails259The Context of Jails260Rights of Jail Inmates262The Constitution and Jail Conditions263Other Rights267Protecting Jail Inmates Against Harm270Summary277Key Terms278Additional Readings278Notes278Chapter 12The Law and Corrections Personnel279Corrections Officers as Employees280Employment Discrimination281Other Employment Issues286Corrections Officers and Liability289Who Can Be Sued?290The Basis for Lawsuits and Liability294Summary298Key Terms298Additional Readings298Notes299Chapter 13Conclusion: Law's Impact on Corrections301Notes305AppendicesAThe Bill of Rights and the Fourteenth Amendment to the U.S. Constitution307BForms for Filing Prisoners' Civil Rights Lawsuits309CForms for Filing Habeas Corpus Petitions315Glossary323Index331
