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Corrections In America chapter 11 part 2

by: Alexander Vinegar

Corrections In America chapter 11 part 2 CJ 2030

Marketplace > University of Cincinnati > Criminal Justice > CJ 2030 > Corrections In America chapter 11 part 2
Alexander Vinegar
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About this Document

These notes cover part of our Corrections Final exam.
Corrections in America
Spencer Hochstetler, M.S
Class Notes
Corrections in America




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This 3 page Class Notes was uploaded by Alexander Vinegar on Tuesday April 12, 2016. The Class Notes belongs to CJ 2030 at University of Cincinnati taught by Spencer Hochstetler, M.S in Spring 2016. Since its upload, it has received 19 views. For similar materials see Corrections in America in Criminal Justice at University of Cincinnati.


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Date Created: 04/12/16
Chapter 11 Legal issues and the Death penalty part II Important Info Court cases  Consequences that arise from criminal convictions are…. o The punishment or penalty that is given to the criminal o Many other rights and privileges are often restricted from criminals  Voting, holding offices of private and public trust, assisting in parenting, being on jury duty, owning firearms, and having privacy  These rights and privileges are represent the collateral consequences of a conviction  Once a prisoner finish their sentence term their privileges are usually still restricted o Offender s face social stigma, loss of civil rights and administrative/legal restrictions o These collateral consequences decrease the intended goal of successful reintegration for example the reduction of offender self-efficacy Consequences of felony conviction o An offender loses the right to vote, hold office, own a firearm, inability to obtain certain professional or occupational licenses, etc. o These consequences are often applied through state law  States usually have procedures to regain rights o state pardon  If a federal offender has their rights taken away by the state and the only remedy is a state pardon, then the Federal offenders are ineligible for state pardons  The entitlement to Freedom o What are “good time credits”? o Lynce v. Mathis (1997)  Retroactive cancellation of release credits already used to obtain a prisoner’s freedom violates the Ex Post Facto Clause of the Constitution  Ex Post Facto Clause protects us from the government making a new law and then punishing everyone who engaged in that behavior before it was illegal o It helps people understand what is against the law and gives us reasonable assurance that the government won’t just keep changing the law to suit their purposes  Prisoners are able to reduce their sentence even if it is for attempted murder because the Supreme Court said states must abide by the systems they put in place for themselves o States have statutes governing trials involving the mentally ill  Offenders found not guilty by reason of insanity are “factually guilty” but not legally guilty  Foucha v. Louisiana (1992)  The Supreme Court declared that states have the right to commit the mentally “insane” to mental institutions to receive treatment o Mental institutions  cannot hold them after they recover their sanity  cannot punish those who are not found legally responsible for their actions o Kansas v. Hendricks (1997)  Hendricks had a 40 year record of sexually abusing children  In and out of prisons and state psychiatric hospitals  In 1984, Hendricks was convicted of his 7 sexth offense, taking “indecent liberties” with two thirteen- year-old boys  Hendricks began the release process in 1994, when Kansas passed the Sexually Violent Predator Act The act allowed Kansas to civilly commit to a hospital persons likely to commit “predatory acts of sexual violence” due to a “mental abnormality” or a “personality disorder” o Kansas v. Hendricks (1997) cont.  In a 5-4 decision, the Supreme Court ruled in favor of Kansas  Supreme Court stated that the point of the civil commitment is to provide “treatment” (even though evidence was presented showing they weren’t really offering treatment) o In addition……  Bell v. Wolfish (1979)  The Supreme Court ruled that the 8 Amendment doesn’t apply unless an individual has been convicted of a crime  The presumed innocent are protected by the due process clauses of the 5 and 14 Amendments  Poor jail conditions or unreasonable conduct is a violation of our right to due process  Absolute immunity o A few correctional officers have, for example, prosecutors or the US President o Must make official decisions and we do not want them to be worried about being sued for making unpopular decisions  Qualified immunity o Corrections officials can defend themselves in court by saying that they did not ignore established law that a reasonable officer would have known about  Corrections officers in private prisons are not able to receive qualified immunity because… o Richardson v. McKnight (1997)  The Supreme Court ruled in a 5-4 decision that private corrections officers do NOT have qualified immunity  Private corporations have more resources to keep themselves aware of expanding prisoner rights, so these companies have a market value in being knowledgeable Therefore, these officers do not need the same protections


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