Correction Law

Punishment

People have entered into an agreement with society that they will respect society's rules in exchange for protections and benefits of living in that society.

It says that everyone should posses certain protections simply by virture of being human-whether good or bad.

The judges would not protect prisoner's rights because they felt like they had none. Judges are not experts on corrections.

Poor crimianl defendants have a constitutional right to receive free representation by a defense attorney when they face the possiblity of six months or more in prison.

• Appeals-show that an error was made in applying the law. Deadline
• Habeas Corpus Petitions-a way to challange the legality of detention. No deadline.
• Civil Rights Lawsuits-this does not seek to gain freedom rather to change policies and financial gain.

It said that defendants have no constitutional right to counsel after the first appeal.

Reinforced the mlimit on the number of habeas corpus petitions that can be filed and limited the ability of federal judges to second guess certain determinations made earlier in each case by state judges.

It ruled that Title 42 of US Code section 1983 could be used by prisoners to file lawsuits against corrections officials.

• The person can be sued as long as they are acting in an offical capacity.
• The person must be working under the color of state law.
• The last is causation and a constitutional rights violation.

It limits federal judges from imposing orders on correctional institutions on how they handle their affairs. Its purpose was to make sure that prisoners were actually serious about their claim. It made them pay.

It was a way of getting court fees waived it meant in the manner of a poper.

It allowed ADA to accomidate inmates with disabilities.

It says that the US attorney general and federal courts can certify grievance procedures as meeting certain requirements. Time limits for writing grievenaces.

This is a person that is an independant, neutral official who investigates complaints and who posseses the power to mediate or make recommendations for change.

• Ineffective assistance of counsel-25%
• Trial Court Errors- 15%
• 14th Ammendment-14%
• 5th Ammendment-12%

• Failure to exhaust state remedies-57%
• Procedural default-12%

Plans to escape, drugs, and anything that can jepordize the institution.

It allowed officers to pour legal mail out infront of the inmate to ensure there is no contraband.

It said that communication between inmate and attorney cannot be interrupted.

It said that a self educated jailhouse lawyer could help other inmates.

It said that prisons must have law libraries for inmates to use.

The court simply asks whether the regulation in a rational or reasonable way to advance a governments intrest.

This standard requires the government to provet that its rules are necessary to uphold some important governmental goal.

This showed that visits are not mandatory and that the institution could allow or disallow them.

Inmates cannot be transfered to a mental hospital or the involentary administration of certian drugs to treat mental illnesses.

It stated that news people don't have a right to access the prisons for interviews.

It bars an establishment of religion. You can't force people to be religious.

It says the government can't prohibit the free exercise of religion.

It was intended to make the government show their reason for saying that any law or policy is more important than peoples religious practices.

It said that the fourth ammendment does little to protect and inmates cell.

• Searches done with technology
• Pat-down search
• Strip Search
• Body Cavity Search
• Digital Examination